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Development-Induced Displacement Of Tribal Communities In India: A Legal Analysis Of Land Acquisition And Rehabilitation Framework

3 days ago
2 min read

 



Swathi Yadav, BBA LLB, Unitedworld School of Law, Karnavati University

Jastej Arora, BBA-LLB, Unitedworld School of Law, Karnavati University


ABSTRACT


Development projects like the dams, mining operations, industrial corridors, and infrastructural expansion have importantly contributed to India’ s economic growth and development. However, these projects have, on a large scale, affected tribal communities, leading to large-scale displacement, loss of livelihood, and cultural disintegration. Despite constitutional provisions and statutory protections, tribal populations continue to face inadequate rehabilitation and marginalisation. This paper examines about the legal framework governing development-induced displacement in India, with particular aim on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 201 3, the Forest Rights Act, 2006, and the Panchayats (Extension to Scheduled Areas) Act, 1 996 (PESA). The study analyses whether the presented laws effectively protect tribal land rights and ensure meaningful participation through the consent of gram sabha. It further evaluates judicial interpretations in landmark decisions concerning mining and land acquisition in Scheduled Areas. The research identifies gaps between legislative intent and ground-level implementation, particularly in relation to informed consent, fair compensation, and longterm rehabilitation. By adopting a doctrinal and analytical approach, the paper argues that while India possesses a progressive legal framework, structural challenges, administrative lapses, and corporate-state alliances often undermine tribal rights. The paper concludes by suggesting reforms aimed at strengthening community participation, ensuring stricter compliance with consent provisions, and enhancing accountability mechanisms to balance economic development with social justice. This paper will aim to speak about the facts and case laws which are necessary for the development of the country and marginalized communities.


Keywords: Development-induced displacement, Tribal rights, Land acquisition, Rehabilitation, Gram Sabha consent.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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