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
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