Land, Law And Power: Unraveling The Legal And Criminal Nexus In Jharkhand’s Land Transactions
- IJLLR Journal
- Oct 15
- 2 min read
Niranjan Baghwar, National University of Study and Research in Law, Ranchi
ABSTRACT
This research paper interrogates the legal, administrative, and criminal dimensions of land transactions in Jharkhand, a state where tribal land is not merely a resource but a repository of identity, ancestry, and constitutional promise. Anchored in the protective framework of the Chotanagpur Tenancy (CNT) Act, 1908 and the Santhal Parganas Tenancy (SPT) Act, 1949, Jharkhand’s land governance was designed to safeguard tribal autonomy and prevent alienation. Yet, in practice, these statutes have been hollowed out by procedural opacity, bureaucratic discretion, and a deeply entrenched nexus of land mafias, political actors, and complicit officials.
Through a layered analysis of statutory provisions, judicial interpretations, and real-world case studies, including the Ranchi land scam and allegations against senior bureaucrats, this paper exposes how forged legacy records, fraudulent mutations, and digital manipulation have become tools of dispossession. The study critiques the dysfunction of Scheduled Area Regulation (SAR) courts, the exclusionary design of digitization platforms like Jharbhoomi, and the erosion of Gram Sabha authority under the poorly implemented Panchayat (Extension to Scheduled Areas) Act (PESA), 1996.
Drawing on constitutional principles, indigenous jurisprudence, and grassroots innovations such as the Jharkhand Tribal Empowerment & Livelihoods Project (JTELP), the paper proposes a multi-tiered reform agenda. This includes codified verification protocols, conclusive title systems, judicial strengthening, and community-led governance. It also calls for culturally sensitive legal literacy programs, protection of female landowners from targeted violence, and the revival of customary rights as living law.
By situating land not merely as property but as a cultural and constitutional entitlement, the paper reframes land governance as a moral imperative. It argues that restoring illegally alienated tribal land is not just a matter of legal compliance but is a step toward reparative justice. As Jharkhand approaches its 25th year as a tribal-majority state, the urgency of reform is not academic but existential. The future of jal, jangal, zameen depends on whether the state can reconcile its legal architecture with the lived realities of its people.
