[pib] Constitutional and Legislative Measures to Protect and Safeguard Land Rights of STs

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Mains Paper 2: Governance | Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of the vulnerable sections

From UPSC perspective, the following things are important:

Prelims level: Various Acts and their provisions

Mains level: Issue of Tribal Rights and various safeguards


News

  • The Scheduled Tribes (STs) have been the most marginalized, isolated and deprived population.
  • To protect and safeguarding the land rights and other rights of Scheduled Tribes, following constitutional and legislative measure have been put in place:

I. Forest Rights

  • The Recognition of Forest Rights Act, 2006 to recognize and vest the forest rights and occupation in forest land to forest dwelling Scheduled Tribes.

II. Fair Compensation

  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 safeguards against displacement of Scheduled Tribes.
  • Special provisions have been made for Scheduled Castes and Scheduled Tribes under Sections 41 and 42 of the Act, which protect their interests.
  • The RFCTLARR Act, 2013 also lays down procedure and manner of rehabilitation and resettlement.

III. PESA Act

  • The Panchayats (Extension to Scheduled Areas) Act, 1996 , provides that the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas.
  • The actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State Level.

IV. Fifth Schedule

  • Constitutional provisions under Schedule – V provide for safeguards against displacement of tribal population because of land acquisitions etc.
  • The Governor of the State, having scheduled Areas, is empowered to prohibit or restrict transfer of land from tribals and regulate the allotment of land to members of the Scheduled Tribes in such cases.
  • Land being a State subject, various provisions of rehabilitation and resettlement as per the RFCTLARR Act, 2013 are implemented by the concerned State Governments.

V. Legal Services

  • The Legal Services Authorities Act, 1987 provides for legal services to members of Scheduled Tribes.

VI. Prevention of Atrocities Act

  • The SCs and the STs (Prevention of Atrocities) Act, 1989” has been introduced to prevent the commission of offences of atrocities.
  • It aims to provide for the trial of such offences and for the relief of rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.
  • Wrongfully dispossessing members of SCs and STs from their land or premises or interfering with the enjoyment of their rights, including forest rights, over any land or premises or water or irrigation facilities or destroying the crops or taking away the produce there from amount to atrocities and are offence.
Tribal Development
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