Constitutional provisions such as the Sixth Schedule and Article 371 were designed to protect indigenous communities, but their efficacy depends on honest leadership, vigilant institutions, and community solidarity. Unless safeguards are strengthened and accountability enforced, tribal communities risk losing not just land, but their identity, culture, and ecological balance. Historical and situational factors and agencies have been responsible for the alienation of land.
- The confrontation is part of a surge of threats and illegal incursions that tribes and indigenous rights groups say have accompanied Bolsonaro’s rise to power.
- The recovery of these credits was initially very slow; creating an impression that the credits need not be paid at all.
- CAG also conducted physical verification of the lands and revealed shortcomings in their ownership and maintenance.
- “The Fifth Schedule itself empowers the Governor to make regulations including regulations of prohibition or restriction on transfer of land from amongst people of Scheduled Tribes in such areas,” it said.
- The Adivasi people of the area assert that the documents owned by these immigrants, proving their authority over these lands, were fabricated with the help of some government officials.
- In case, the declaration is found to be unsatisfactory or the possessor fails to furnish the declaration, the agricultural land should be given back to the original tribal owner.
h Schedule of Indian Constitution States
What were tribal societies?
A tribal society refers to a community that does not follow the social rules and rituals prescribed by the Brahmanas. Unlike mainstream society, these groups were not divided into numerous unequal castes. Instead, their social fabric was built upon strong kinship bonds, uniting all members of the tribe.
The case of Nanchi, who used to own the land under survey number 477/1,3 in Kottathara village which was later possessed by Selvan, an immigrant from Dayannur, has been in court for the past few years. As per the village survey records, the land under survey number 520/2 in Kottathara village is owned by Nanjan, son of Kullan. But Nanjan’s son, 50-year-old Valaithiri, says the land is not with the family anymore. My father and his brother Badiran, whose name is also in the records under survey number 523/2, worked hard and cultivated this land. It was after they gave the land for lease that we lost it,” Valaithiri says.
h Schedule of Indian Constitution Provisions
The Morung Express is a people-oriented alternative newspaper based in Nagaland that was conceived from the Naga people’s historical realities and is guided by their voices and experiences. It emerged from the well-recognized concept that the core of a free press is based on “qualitative and investigative” journalism. Ensuring this is essential for contributing to an informed Naga public that makes sound decisions on issues that affect all spheres of life. The Brazilian Socialist Party, the PSB, https://gugobett.com/ on Jan. 31 filed a case with the Supreme Court challenging Bolsonaro’s decision to give the Agriculture Ministry authority to determine reservation boundaries.
A tense stand-off ensued with members of the Uru-eu-wau-wau tribe, who captured the January confrontation on a cellphone video viewed by Reuters. The trespassers threatened to set fire to their villages to drive them out, tribal members said. Tribes and indigenous rights groups say a surge of threats and illegal incursions have accompanied Bolsonaro’s rise to power.
(b) Few legislative measure and changes has to be taken place so that the gram sabhasat village levels become more active. This would in return help in identification and restoration of alienated land. Brazil’s 1988 Constitution guarantees tribes rights to their ancestral lands.
Moreover inequitable and unjust distribution of land and natural resources has increased further social issues like poverty, rural-urban migration and escalating violence. Land alienation has been occurring on two levels, one is at individual level and the other one is at institutional level. Saran (2005), further explains land alienation at individual level through four cross sectional categories. They are land alienation in urban and rural area, alienation from tribal to non tribal and tribal to tribal land alienation. The land alienation in urban areas has been induced by the outsiders for constructing houses, buildings, factories or other non-agricultural purposes. Such type of land alienation is usually regarded as illegal as the lands are taken away from the tribal groups by manipulating them or sometimes forcibly too.
“Most of the time, we don’t even know who took our land or who the current owners are. Since they know that the land does not belong to them, these people may not even come to see the plot for several years. In the meantime, we will continue to cultivate the land thinking of it as our own. Years later, they will suddenly appear and claim the land as their own,” he says.
