Causal factors in Post-Independence period that led to further deterioration Consolidation of forests Government ownership of forest areas in India increased from 68.96 million hectares (ha) in 1961 to 76.84 million ha in 2001. From 1970 to 2000, large areas of land were declared as protected areas (forest or conservation areas) without adequate compensation paid for those removed from them or settlement of claims. In 2002, there were eviction drives on a massive scale. This caused huge unrest and disquiet among those who lost their rights, resources or were relocated, leading to mass movements and resistance to government laws and policies. The Panchayat Extension to the Schedule Areas (PESA) Act, 1996 was enacted, conceding to the long-standing demand for tribal control over productive land and forest and the minimizing of administrative affairs following the Bhuria Committee Report.5 An important change that happened was deletion of Right to Property (Article 19F) as the fundamental right6 guaranteed by the Constitution of India in 1978. The reason for this was to ensure land reforms by providing for re-distribution of land holdings under larger population from a few zamindars (land owners). The rights and titles eroded due to notification and consolidation of forests remained unaddressed and owners and settlers of the forest became illegal settlers despite recognition of the same by the central government.7 To make Recommendations on the Salient Features of the Law for Extending Provisions of the Constitution (73rd) Amendment Act, 1992 to Scheduled Areas. 6 Forty Fourth Amendment to the Constitution of India. 7 Rishu and Aman, 2013 (Under Publication) 5 Trends An in-depth study of the situation suggests a mixed trend. The efforts of land grab by corporations to establish industrial complexes and mining operations are increasing. Due to the rise in the growth rate of the urban population, the demand for additional land for housing and other infrastructure has compelled the government to acquire land from surrounding rural areas. At the same time, due to enhanced levels of awareness about land rights among IPs and other forest dwellers, the demand for land titles and speedy implementation of the Forest Rights Act of 2006 has increased and government is under pressure to follow up the memorandum of understanding (MoU) signed by the Minister for Rural Development with participants of the Jan Satyagraha (non-violent footmarch). Jan Satyagraha has been a unique experiment by Ekta Parishad with the support of other civil society organizations, including AVARD, in highlighting the issue of land rights of IPs, which received widespread media coverage. On the whole, the situation seems to be optimistic and is expected to lead to positive outcomes in time. Legal Framework Related to Indigenous People’s Land Rights Over the years, international development agencies have recognized that development has caused negative impact on indigenous peoples across Asia and Pacific in great measure. The challenge of preventing further impoverishment resulting from environmental degradation and involuntary resettlement, acknowledging the special needs and respecting the rights of IPs Lok Niti 51

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents