Land Rights Of Tribal And Indigenous Persons In India: Contemporary Study On Legal Framework And Social Underpinnings
- IJLLR Journal
- Apr 13
- 1 min read
Anusha Tibrewal & Ira Chauhan, Gujarat National Law University
ABSTRACT
This research paper examines the historical, sociological and legal dimensions of land rights for tribal and indigenous communities in India, and emphasises the displacement rampant infrastructural and development projects cause. Tracing the evolution of tribal societies from ancient times to the present, the paper highlights systemic marginalization and land alienation exacerbated by colonial and post-colonial policies. It critically analyzes constitutional safeguards (Fifth and Sixth Schedules) and key legislations like the Forest Rights Act (2006), Land Acquisition Act (2013), and PESA (1996), revealing gaps between legal intent and implementation.
Through case studies such as the Niyamgiri Hills movement (wherein the Dongria Kondh tribe successfully resisted efforts of eviction for mining purposes) and the Narmada Bachao Andolan (a decades-long struggle against displacement by dams), the paper underscores the role of civil society, judicial interventions, and grassroots activism in securing tribal rights. Furthermore, it explores the ecological significance of indigenous land stewardship, linking their displacement to environmental degradation.
The paper argues that while India’s legal framework provides robust protections, bureaucratic inefficiencies, corporate lobbying, and inadequate rehabilitation perpetuate injustices. Recommendations include stricter enforcement of Free, Prior, and Informed Consent (FPIC), equitable rehabilitation policies, and integrating indigenous knowledge into sustainable development models. By centering tribal agency and ecological preservation, the study advocates for a rights-based approach to balance development and social justice.
Keywords: tribal communities, land rights, Niyamgiri Hills, Narmada Valley Project, forest rights, Forest Rights Act, Intact Forest Landscapes.
