Lines drawn over Odisha govt's third attempt to amend tribal land law

Odisha's political arena ignites as the BJD government takes a third swing at amending a decades-old law, leaving the fate of tribal land hanging in the balance and opinions on fire

It’s been a maze of twists and turns as the Biju Janata Dal (BJD) government in Odisha attempts, for the third time, to amend a 67-year-old regulation that would allow Scheduled Tribes (STs) to transfer their land to non-tribals.

On November 14, the Odisha Cabinet decided to amend Regulation 2 of the Orissa Scheduled Areas Transfer of Immovable Property (by STs) Act, 1956, as recommended by the Tribes Advisory Council (TAC).

According to the proposal, tribals can sell or mortgage their land to non-tribals in scheduled areas with written permission from the sub-collector. There would be a rider that the individual should not be landless or homeless after such a transfer.

However, in a U-turn, amid opposition to its initial move, the Naveen Patnaik government decided to send the proposal back to TAC for review within 10 days of the announcement.

Odisha is home to 62 tribes, with 13 classified as particularly vulnerable tribal groups, constituting 22.85 per cent of the state’s population. The STs of Odisha constitute 9.2 per cent of India’s total tribal population, ranking third in the country after Madhya Pradesh (MP) and Maharashtra.

The STs receive special protection under the Fifth Schedule of the Constitution. The President and the state governor have direct intervention powers in administrative affairs.

In 2017, then Jharkhand governor Droupadi Murmu returned an amendment Bill of the Raghubar Das-led Bharatiya Janata Party (BJP) government proposing to allow tribals to use their lands for commercial purposes without altering ownership.

Murmu, a tribal who hails from Odisha, is now the President of India. Das is now the governor of Odisha. As the Assembly proceedings last week reached a standstill over the issue, a BJP delegation met the governor, seeking his intervention.

The government’s change of mind to withhold the proposal came days before the President visited her hometown in tribal-dominated Mayurbhanj, accompanied by Das.

In the 2022 Presidential elections, the BJD favoured Murmu’s candidature, a move political observers said was to regain the party’s vote base in the tribal belt.

The Assembly and Lok Sabha (LS) elections in Odisha will be held simultaneously in 2024.

Odisha has 33 of the 147 Assembly seats reserved for STs. Of these, in 2019, the BJD won 18, and the BJP bagged 11. In five of the 21 LS seats reserved for the tribals, the BJP and BJD won two each.

According to the regulation in force, amended in 2002, tribals can transfer their land only to members of the same community or mortgage it only for farming.

Despite regulations, a report from the Comptroller and Auditor General of India highlighted a 12 per cent decrease in tribal landholding between 2005–06 and 2015–16.

Multiple reports suggest India struggles to prevent the alienation of tribal land, leading to sociopolitical and economic issues like Naxalism. Over the past two decades, Odisha has seen fierce protests by tribals against land acquisitions in mineral-rich areas by corporates, such as ArcelorMittal in Keonjhar, Tata Steel in Jajpur’s Kalinganagar, Utkal Alumina International projects in Rayagada, and Vedanta’s bauxite mining project in the Niyamgiri Hills.

“Some gullible tribals have already lost their land, even with strict restrictions in place. Such a move, if implemented, would render them homeless in 10 years,” said Sarat Chandra Nayak, general secretary of Adivasi Mahasangha Odisha.

All three efforts to amend the regulation — 2009, 2018, and now — coincided with election time.

“This is not only an attempt to help corporate houses grab tribal land but also an opportunity for political funding,” rights activist and environmentalist Prafulla Samantara said.

Tribal organisations stated that they did not demand such an amendment, but rather, a political lobby was working in favour of the move.

The 20-member TAC, comprising legislators and parliamentarians across party lines, had agreed to the proposal, although those from the BJP and the Congress are now distancing themselves.

“A minor section of the tribal community unable to mortgage or sell their land for their needs wants the removal of restrictions. However, the greater concern of the nation is fragmented agricultural holdings within the tribal community,” said a senior leader of the ruling BJD.

The Opposition is calling for strict enforcement of the Panchayats (Extension to Scheduled Areas) Act, 1996, or Pesa, which gives specific authority to gram sabhas in scheduled areas to protect the interests of tribal communities.

Mohan Majhi, the BJP’s chief Whip in the Assembly, warned of protests if the government doesn’t scrap the decision.

Veteran journalist Rabi Das said the BJD was in a fix, fearing repercussions in the upcoming elections.

Tribal votes would play a vital role in the ongoing Assembly elections in MP, Rajasthan, and Chhattisgarh. These states account for nearly 31 per cent of the country’s STs.

Prime Minister Narendra Modi emphasised BJP-tribal ties during campaigning, while Congress leader Rahul Gandhi condemned the term Vanavasi.

In the run-up to the MP elections, the BJP government notified the Pesa Act, and the Congress manifesto has committed to honouring and enforcing the law if it were to form the government in the state.

To calm the situation, the BJD has nominated two-time tribal Member of Legislative Assembly Saluga Pradhan as the Assembly deputy speaker. The BJD has also reached out to woo the tribal voters by launching a Rs 500 crore livelihood and income-generating programme and expanding the ambit of the Special Development Council that focuses on preserving and promoting tribal culture and traditions from nine to 23 districts.

FROM STRICT BANS TO OPEN LANDS: A TRIBAL TALE OF PERSISTENCE

BEFORE 2022: THE IRONCLAD ERA

Regulation 2 of the Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Act, 1956, locked tribal lands away from the market, safeguarding them from sale.

2002: CRACKS IN THE WALL

Amendments allowed tribal-to-tribal property transfers and limited land mortgaging to agricultural purposes. An absolute embargo on tribal land transfers to non-tribals was imposed.

2009: RESISTANCE AND REJECTION

An amendment to lift restrictions faced rejection by President Pratibha Patil. The government’s argument: hindrance to tribals seeking loans for homes, education, and self-employment.

2018: A GLIMMER OF CHANGE

Tribes Advisory Council approved an amendment, permitting tribals to mortgage select portions of their land. The government didn’t pursue Presidential assent.

2023: BREAKING THE CHAINS

A groundbreaking amendment suggests tribals can now sell or mortgage land to non-tribals for loans. Conditions include maintaining a minimum landholding, obtaining written permission from the sub-collector, and having an avenue to appeal to the collector if permission is denied within six months.