Land, Law And Resistance: The Politics Of Adivasi Land Laws In Jharkhand
- IJLLR Journal
- Feb 27
- 2 min read
Nivedhitha M, Jindal Global Law School
In this article, the author argues that although protective land laws like the Santhal Parganas Tenancy Act were created to safeguard Adivasi land in Jharkhand, amendments and policies, often in the name of development, weaken the core purpose of these laws. Community resistance to these amendments (Santhal Rebellion, 2016 Protest, Niyamgiri case) show that collective action remains crucial for defending indigenous land rights.
Introduction
For the Adivasis of Jharkhand, their property is sacred- it’s their identity. However, this sanctity is under constant threat from extractive mining giants and changing government policies. While laws exist to safeguard Adivasi’s against encroachment, the ability of the or executive to dilute the act (usually in the name of development), undermines the purpose of the laws. This leads to the central question - how effective are existing laws in Jharkhand, particularly the Santhal Parganas Act, in protecting Adivasi land from state and corporate encroachment in the name of development? Protective legal frameworks such as the Santhal Parganas Act were designed to safeguard the Adivasi Land. Yet, systematic amendments, particularly the 2016 amendments, show how the state dilute the restrictions on land transfer, facilitating state and corporate encroachment on Adivasi land.
This article examines how the government aims to dilute protective land laws under the disguise of development and welfare, while in reality they facilitate corporate access to Adivasi land. To analyze the central argument, understanding the social and political environment surrounding the state is paramount. Firstly the article examines Jharkhand’s environment which portrays a paradox between its mineral wealth and consistent tribal marginalization. It then traces back to the historical origins of land laws such as the Santhal Parganas Tenancy Act, and how over time it was diluted through amendments, facilitating creation of land banks from the Adivasi land. Finally, by comparing this scenario with the Niyamgiri case, the article illustrates how legal resistance and community strength effectively reinforces can collectively reinforce land rights, despite state and corporate pressure, strengthening the Adivasi’s stance as the guardians of their land and livelihood.
