by NNLRJ INDIA

Land Protecton Laws for Tribals

ANALYSIS NEWS DESK

As reported by the Ministry of Mines, all mineral concessions, including mining leases are granted in terms of Mines and Minerals (Development and Regulation) Act, 1957 and rules framed there under and the Ministry of Mines does not have any reports on subversion of Land protection Laws for tribals by leaseholders. Ministry of Mines has informed that since mining operations often involve acquisition of land held by individuals, the National Mineral Policy provides for social impact assessment and also adequate provisions for relief and rehabilitation under the National Rehabilitation and Resettlement Policy (NRRP), 2007.

The Forest Rights Act, 2006 (FRA 2006), administered by the Ministry of Tribal Affairs, seeks to recognize and vest the forest rights to forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. Section 4 (5) of the FRA, 2006, is a protective measure. It says….“Save as otherwise provided, no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete…..”.

Department of Land Resources has informed that States with large tribal population have enacted land protection laws/laws prohibiting alienation of tribal lands and promoting restoration of alienated land and has been requesting State Governments from time to time to take effective steps for implementation of legislative provisions to prevent alienation of tribal land and restore alienated tribal land. The Department of Land Resources has also introduced the Land Acquisition, Rehabilitation and Resettlement Bill, 2011 in the Parliament on 07.09.2011 which envisages comprehensive rehabilitation and resettlement benefits and also includes special provisions for Scheduled Tribes.

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