AUTHOR : Rupal Gurjar , Nancy Yadav , Khushi Aggarwal
“Evolving Struggles: Tribal Rights, Land Displacement, and the Quest for Justice in India”
Abstract.
This article explores the historical and contemporary relationship between the tribal communities of India and their land, particularly forest resources. The first objective of the research is to explore how the relationship between tribes and land has evolved through colonial, post-colonial, and modern phases, highlighting the formation and evolution of tribal rights. The second objective is to explore the impediments encountered by the tribal communities, despite the constitutional rights and protection granted to them. Additionally, it draws attention to the fact that although there are constitutional safeguards in place, the reality on the ground shows a different picture, substantiated by a few case studies.
Introduction
India is home to the second largest indigenous population in the world after Africa, which is over 100 million people belonging to the Scheduled Tribes (STs), making up approximately 8.6% of the total population (PIB 2022, MoTA). Tribal communities uphold a special and close relationship with the land, particularly forest resources, which are essential for their livelihoods, cultural practices, and social structures. Tribes such as the Santhals, Gond, Munda, and Bhil have historically relied on forest resources for food, medicine, and sustenance while cultivating a sustainable bond with the environment. For these communities, land is not merely an economic asset but also an essential part of their cultural identity and spiritual heritage. However, the bond between tribal communities and their land has been continuously disrupted by both colonial and post-colonial land policies that repeatedly overlooked the land rights of these tribes. As reported by the Ministry of Tribal Affairs (MoTA), around 80% of tribal populations still reside in rural regions, where they face the threat of displacement caused by industrial development, mining activities, and forest conservation measures. This has resulted in considerable losses in terms of land, livelihoods, and cultural identity. “The Unquiet Woods: Ecological Change and Peasant Resistance in the Himalaya” (Guha, 1999) shares a detailed study of the relationship between indigenous communities and the forests of the Himalayas. Here, Guha argues how colonial forest policies disrupted the traditional land-use patterns of local peasant and tribal communities and led to a series of ecological and social conflicts, majorly focusing on the Garhwal region of the Himalayas. This article looks into the evolving relationship between tribal communities and land through the historical phases of colonial, post-colonial, and contemporary India and how with this evolving relationship, tribal rights and policies formed, shaped, and evolved. In addition, it inquires into the impediments faced by tribes in asserting their rights for their development, despite having constitutional safeguards.
The Relationship of Land and Tribes in Different Historical Phases
Colonial phase:
During the colonial period, British land policies resulted in widespread dispossession of tribal communities. The British colonial administration viewed India’s vast forests and land primarily as economic resources to be exploited for timber and agriculture. This viewpoint was translated and codified in laws like the Indian Forest Act of 1865 and the Indian Forest Act of 1927, which severely restricted tribal access to forest resources and resulted in the alienation of their lands. CPR India (2020) notes that the colonial state’s forest policies fundamentally redefined tribal land tenure, transforming forests into state-owned reserves and criminalizing the traditional forest-based livelihoods of tribes. These policies of the British administration constructed forest boundaries and forest paths to support railway construction and roads for speedy movement & communication of troops alongside enabling colonial trade. Tribespeople were displaced from their own homeland and made homeless by this developmental need . As Guha (1999) highlights, these policies were part of a larger pattern of colonial exploitation that marginalized tribal communities and forced them into labor and poverty. This colonial period set the stage for tribal struggles that continue to affect them till today.
Post-Colonial India: The Phase of Constitutional Safeguards.
After India gained independence in 1947, the newly formed government made sure to address the historical injustices faced by tribal communities by giving them the following constitutional safeguards and legal protection . The constitution of India has made special provisions for the Scheduled Tribes that are as follows:
(1) Service Safeguards for Tribal community in India:
– Our Constitution empowers states under Article 16 that make provisions for reservation in appointment for backward class to ensure adequate representation, and allows states to make provisions for reservation in promotions for SC/STs if they are not adequately represented in services under the state . And also clarifies that backlog vacancies will not be considered together with the vacancies of the current year for determining the ceiling of 50 percent reservation.
(2) Economic Rights of Tribal community in India:
– Article 244(1) applies the Fifth Schedule provisions for the administration and control of Scheduled Areas and Scheduled Tribes in states other than the States of the Sixth Schedule. – Article 275 provides Grants-in-Aid to specified states (STs & SCs) covered under the Fifth and Sixth Schedules.
(3) Social Rights of Tribal community in India:
– Articles 23 and 24 abolish bonded labor and prohibit trafficking in human beings, forced labor, and child labor, preventing children below the age of 14 from working in factories, mines, or hazardous activities. Violation of this is a punishable offense.
**1970s to mid-1980s—Conservation efforts and their legal framework served as powerful instruments for conservation development pitted against the livelihoods of tribal communities.
Contemporary phase:
One of the most significant post-colonial reforms was the Panchayats (Extension to the Scheduled Areas) Act (PESA) of 1996, which aimed to extend self-governance to tribal areas by recognizing their traditional rights over land and resources. Additionally, the Forest Rights Act (FRA) of 2006 was enacted as a landmark law that sought to restore tribal communities’ rights over forests and lands that they had historically occupied but had lost due to colonial and post-colonial policies. The FRA was designed to recognize and vest forest rights in tribal communities, giving them legal claim over forest land and resources .Tribal communities in modern-day India still have to deal with land displacement brought on by construction projects and the rising need for land for infrastructure, industry, and conservation. Despite being a step in the right direction toward acknowledging indigenous rights, the Forest Rights Act (FRA) of 2006 has not been applied successfully in many places. According to CPR India (2020), tribal groups are still being displaced by mining, highways, dams, and other developments despite legislative protections, frequently without adequate compensation or rehabilitation.
Impediments Faced by Tribal Communities in Their Development Path Despite Constitutional Protections
Tribal communities in India have long been safeguarded under constitutional provisions and legal frameworks such as the Fifth and Sixth Schedules, the Forest Rights Act (FRA), 2006, and the Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996. However, despite these protections, the ground realities highlight a stark contrast where tribal populations continue to face displacement, loss of livelihood, and socio-economic marginalization. This section examines various hurdles faced by tribal communities in their developmental path:
a. Land rights and displacement: Many tribal communities have been displaced from their traditional lands due to development projects, mining, and other activities. This has led to losing their livelihoods, homes, and cultural heritage . According to the UN Working Group on Human Rights in India (WGHR) report (2012), after independence, 60-65 million people were displaced by the development projects in India, and every year one million people are displaced. “Of these displaced, 40 percent were tribespeople.
Example: Sardar Sarovar Dam in Gujarat has displaced thousands of tribal people from their ancestral lands.
According to Walter Fernandes,
21.3 lakh people were displaced by various development projects, and V. Paranjpye estimated that:
#25.5 lakh people displaced by mines,
#12.5 lakh by industries,
#16.4 lakhs by large and medium dams,
#6 lakhs by parks and wildlife operations and
# 5 lakhs by other projects.
b. Lack of education and healthcare: They have limited access to education and healthcare, which has a negative impact on their overall well-being and development. As a number of factors are responsible for this sad state of affairs. Poverty, lack of resources, lack of transport facilities, lack of awareness, old mindset, availability of traditional experience and knowledge, lack of motivation, etc., are some of the major reasons for the educational backwardness of the tribespeople. Formal education has
made very little impact on tribal groups since it is not considered necessary to discharge their social obligations. Superstitions, blind beliefs, myths, and phobias play an important role in their apathy towards education. and also a lot of health issues, such as malnutrition, lack of access to proper health care, and a high incidence of infectious diseases, etc.
Example: The literacy rate among the tribal population is lower compared to the national average, and the healthcare facilities in tribal areas are inadequate.
As per the census of 2011, the literacy rate was 59%. And like, 65% of tribal women in the 15-49 years age group suffer from anemia.
C. Economic marginalization: Engaged in traditional forms of livelihoods, such as agriculture, forestry, and hunting, which are becoming less viable in the face of modernization and globalization.
Example: The traditional livelihoods of the Munda tribes in Jharkhand are under threat due to the decline in the availability of forest resources and the impact of mining.
D. Political Marginalization:
They are not well represented in the political process, and their voices are not heard in the policy-making process.
Example: Tribal communities of the Northeast region of India have not had a fair representation in the political process, and their issues are not fully addressed by the government.
E. Loss of culture and tradition: Modernization and outside influences can lead to the erosion of traditional tribal practices, languages, and cultural heritage. The influx of immigrant laborers and development projects has also threatened tribal cultures and habitats. Example: Some isolated tribes, like the Sentinelese, are hostile to outsiders and need protection from interference.
F. Gender inequality:
Tribal women are often disproportionately affected by poverty, lack of access to education, and exploitation.
G. Inefficient Administration and Governance:
The tribal population in India has suffered a lot due to highly inefficient, incompetent and corrupt administration in different parts of the country. The Government of India has initiated many laudable schemes and welfare programs for the uplift and development of the tribal people. However, the fruits of these programs do not reach the intended beneficiaries due to rampant corruption, mismanagement, faulty implementation, and poor governance. Therefore, the condition of the tribal community in India has not undergone any significant improvement over the years.
H. Naxalism:
Naxalism has raised its ugly head in India for a long time. It has played havoc with the tribal life of our country. This community is caught between a rock and a hard place as they have to deal with the police authority on the one hand and naxalite on the other. They have often been harassed, tortured, exploited, and intimidated by the Naxalites as well as the police, which makes their life extremely miserable and pitiable. Over the last few decades, a large number of innocent tribespeople have been threatened, brutalized, and killed by the Naxalites for their selfish ends. This has led to a lot of mental disturbance, confusion, and psychological disorientation among the tribal community. Thus, the rise of the Naxalite and Maoist movements has been highly detrimental to tribal welfare and progress in India.
CASE STUDIES: Displacement and the Struggle for Rights
1. Narmada Dam Displacement (Madhya Pradesh, Gujarat, Maharashtra)
The construction of the Sardar Sarovar Dam on the Narmada River led to the forced displacement of thousands of Adivasi families, disrupting their traditional way of life (Baviskar, 2004). Under the FRA, 2006, and PESA, tribal rights to land and rehabilitation were guaranteed, requiring prior informed consent. However, despite legal mandates, large numbers of Adivasi families were evicted without proper rehabilitation. The Narmada Bachao Andolan (NBA) movement exposed these failures, showing how state-led development projects often override tribal rights (“Narmada Bachao Andolan: A Struggle for Justice,” The Hindu, 2017). This led to disruption of livelihoods, loss of cultural heritage, and inadequate compensation despite prolonged legal battles.
2. POSCO Steel Plant Controversy (Odisha)
The proposed steel plant by the South Korean company POSCO in Jagatsinghpur, Odisha, led to large-scale land acquisition, displacing tribal and non-tribal villagers (Economic and Political Weekly, 2014). The FRA, 2006, and PESA mandated gram sabha (village council) consent for land acquisition in scheduled areas. However, the government bypassed local gram sabha decisions and forcefully acquired land. The project led to violent protests, repression, and human rights violations (Human Rights Watch, Out of Sight: The Rise of Industrialized Displacement in Odisha). As a result, land alienation, loss of sustainable livelihoods, and displacement-induced poverty worsened among affected tribal populations.
3. Vedanta and Niyamgiri Hills (Odisha)
Vedanta Resources sought to mine bauxite in the Niyamgiri Hills, home to the Dongria Kondh tribe, violating their traditional rights (Kumar, 2013). The Supreme Court of India ruled that local gram sabha had the final say on whether mining could proceed, upholding the FRA, 2006. Despite legal protections, the tribal community had to engage in prolonged resistance against corporate and state interests before the project was scrapped (Survival International, Dongria Kondh’s Resistance Against Vedanta). While this case saw a legal victory, it exemplified the ongoing threats to tribal autonomy and land security from large-scale industrial projects.
4. Polavaram Dam Project (Andhra Pradesh, Telangana, Odisha, Chhattisgarh)
The construction of the Polavaram Dam resulted in the displacement of a significant number of tribal communities across multiple states (Economic and Political Weekly, 2018). The Fifth Schedule of the Indian Constitution safeguards tribal land and requires due consultation before displacement. However, despite these provisions, mass evictions took place with inadequate rehabilitation efforts, leaving displaced communities struggling for basic rights (International Journal of Rural Studies, 2016). The impact included loss of ancestral lands, forced relocation, and disruption of cultural and socio-economic networks among the displaced tribal populations.
5. Mahan Coal Block Controversy (Madhya Pradesh)
The Mahan forest, home to tribal communities, was allocated for coal mining, threatening their livelihood and environment (Down to Earth, 2015). Under the FRA, 2006, tribal communities had the right to reject the project through a gram sabha. However, the state initially ignored the gram sabhas objections and granted clearance to the mining project, necessitating sustained protests and legal interventions before the project was finally halted (Greenpeace, Forests Under Threat: The Mahan Coal Block Case Study). This case underscores the recurring conflict between industrialization and tribal rights, showing how legal safeguards are often disregarded in favor of economic interests.
These case studies illustrate that while constitutional and legal protections for tribal communities exist on paper, their implementation remains weak in practice. Tribal groups continue to be displaced by large-scale infrastructure and industrial projects, often without adequate rehabilitation or consultation. This contradiction between legal frameworks and ground realities highlights the systemic challenges in ensuring true development and justice for India’s indigenous communities.
Conclusion
All these measures are aimed at raising the standard and quality of life among the huge tribal population of India who have lived a life of poverty, backwardness, misery, oppression, and social discrimination. As a result, they have not been able to fulfill their full potential and contribute meaningfully to the development of our country as a whole. It is hoped that these efforts and initiatives will significantly enhance the welfare and wellbeing of these people. Our nation cannot prosper if sizable sections of the population lead a wretched and marginalized life. Therefore, it is in everybody’s interest that the socio-economic status of the tribal community of India should improve substantially in order to bring about a positive transformation of Indian society and the nation as a whole.
References:
Guha, R. (1999). The Unquiet Woods: Ecological Change and Peasant Resistance in the Himalaya. Oxford University Press.
CPR India (2020). Tribal Rights and Forest Laws: A Review of the Forest Rights Act of 2006. Centre for Policy Research.
Government of India, Ministry of Tribal Affairs (2020). Annual Report 2020-2021.
CPR Land Rights Initiative Reports
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