Land is a major economic asset. The STs depend
on natural resources to fulfill their subsistence
needs; hunting, fishing and gathering of forest
products form the basis of their livelihood.
Customary Laws and
the Historical Perspective
Attempts towards erosion of tribals’ customary
laws date back to colonial rule with the
introduction of universal laws against which there
was agitation from the tribals. This ultimately
resulted to the British providing concessions and
autonomy to and recognition of the customs of
the tribals. The history of land grab in India dates
back to the 17th century with the introduction
of the Zamindari1 system, abolishing the then
prevailing Jajmani2 relationship by the Permanent
Settlement Act of 1793.
Probably, the first legal recognition by the
colonizers of the indigenous people of the country
was provided through the Scheduled District
Act of 1874. Over two centuries of colonial rule
enabled concentration of power with a few, thus
creating a feudal system that emerged as a great
challenge in the post-independence period. Later,
in the northeast, the Assam General Clauses Act
of 1915 protected tribal customs and practices
by restricting the application of provincial laws in
the hill areas. The Montague-Chelmsford Reforms
of 1919 also made similar provisions. The 1930
Indian Statutory (Simon) Commission
One of the major land revenue systems introduced by British rule where a single landlord is recognized as the owner
of a land and provided with rights to collect taxes and rents
to peasants on behalf of the British treasury. They are also
entitled to give, buy, and sell the revenue collection rights,
hence, are granted with secured property of land rights
(Sarwar, 2012; Rashid, et. al., 2014).
2
A social caste system in India where landowners pay
their laborers with grain and straw after harvest (Srinivas,
2002).
1
48
recommended the protection of tribal customary
rights. The Government of India Act of 1935
accepted it and divided the hill areas into Excluded
and Partially Excluded parts and stipulated that
no Act of the Central or Provincial Legislature
would apply to them unless the Governor in his
discretion so decided in view of peace and good
governance.
After independence, the fate of tribals rested
largely on the framers of the Constitution. The
Bordoloi3 Committee was formed during that time
to provide inputs to the Constitution from the
perspective of the tribals of the northeast region
of the country. The sub-committee observed that
the people of the region were sensitive towards
their land, forest, lifestyle and traditional systems
of justice, and thus needed safeguards and
protections so as to preserve their way of life.
The Bardoloi Committee also made provision for
a Regional Council for the tribes other than the
main tribe and sought to build up autonomous
administration so that the tribal people could
manage their affairs in their own traditional ways.
Since colonial rule, it was clear that two regions
of the country required different governance
structures because of the level of exclusion
between the indigenous peoples and the rest
of the population. It was for this distinction and
following the demand of autonomy by tribal
peoples that some special rights were granted for
management of natural resources by indigenous
peoples. The Uttarakhand Forest Act, 1935; the
Santhal Pargana Tenacy Act and the autonomy
provided to the north eastern states were some
of the examples where colonial rulers provided
space to accede to the pressure of rights of the
indigenous peoples over the natural resources.
An advisory committee on Fundamental Rights of Minorities in the Tribal Areas was constituted in May 1946 by the
Constituent Assembly of India.
3
Asian NGO Coalition for Agrarian Reform and Rural Development (ANGOC)
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