Inalienability To Alienation: Mining And The Legal Paradox Of Tribal Land Transfers In Jharkhand
- IJLLR Journal
- 9 minutes ago
- 2 min read
Vasudha Shandilya, O.P. Jindal Global University
Definition and Scope
The resource-rich Chhotanagpur Plateau is home to Jharkhand, a region with substantial coal, iron ore, bauxite, and other mineral deposits. In 1993, after the National Mineral Policy liberalized the mining industry, Jharkhand became the center for industrial growth and extraction of minerals. This development led to frictions in the domain of property law, especially when it came to the land rights of Adivasi groups like the Mundas, Santhals, Hos, and Gonds. Chotanagpur Tenancy Act of 1908 and the Santhals Parganas Tenancy Act of 1949 prohibit non-tribals from alienating tribal territory provided as a legal safeguard to protect their connection with land.
While tenancy laws recognize the inalienability of tribal land, state acquisition under Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 operates as a legal loophole, extinguishing customary title and converting land into a transferable commodity for commercial purposes. This not only raises the issue of transfer of property in Scheduled Areas but also raises concerns under Article 300A, the fifth schedule, and PESA, 1996.
The central argument focuses on the fact that the compulsory and mandatory acquisition represents a structural contradiction; it simultaneously acknowledges Adivasi land as inalienable under tenancy regimes while enabling its alienation through sovereign power. The expression “tribe” falls short of a precise legal definition; its theoretical framework has been shaped through anthropological perspective and constitutional recognition. The Indian Constitution acknowledges the existence of Scheduled Tribes under Article 366(25) and the Fifth Schedule. The tribal status within the Indian legal framework is indicated by certain socio- cultural and geographical characteristics such as isolation, distinct dialect, kinship-based social organization, and adherence to traditional belief systems.
