Tribal Land Rights And Constitutional Promises: Examining Legal Protection And Implementation Challenges
- IJLLR Journal
- 9 hours ago
- 1 min read
Shanmuga Priya R, LLM, Postgraduate Department of Property Law, The Tamilnadu Dr. Ambedkar Law University, Chennai
ABSTRACT
The conflict between land acquisition and tribal land rights in India represents a profound tension between developmental imperatives and the constitutional promise of justice for indigenous communities. This study traces the historical evolution of tribal land entitlements from their customary origins through the enactment of the Fifth and Sixth Schedules of the Constitution to modern statutes such as the Forest Rights Act, 2006, the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), and the Land Acquisition, Rehabilitation and Resettlement Act, 2013. Employing a doctrinal methodology complemented by comparative case studies from Odisha, Chhattisgarh, Jharkhand, and Maharashtra, the study critically examines how aggressive industrial and infrastructure projects have resulted in forced displacement, inadequate compensation, and culturally insensitive rehabilitation. Judicial pronouncements ranging from the landmark judgments to more recent high court orders are analyzed to assess whether courts have effectively redressed tribal land violations across jurisdictions. Simultaneously, the study interrogates policy gaps and implementation failures at the bureaucratic level, identifying systemic lacunae in consultation processes, benefit‐sharing mechanisms, and on-ground enforcement. The research culminates in concrete recommendations, strengthening legal protections through tighter compliance monitoring, institutionalizing Free, Prior, and Informed Consent, enhancing compensation calculations to reflect socio-cultural loss and empowering Gram Sabhas as decision-making bodies in Scheduled Areas. By weaving together doctrinal analysis, empirical case insights, and reform proposals, this paper aims to chart a legally robust and culturally attuned roadmap for reconciling India’s development agenda with the land rights and dignity of its tribal populations.
Keywords: Tribal Land Rights, Constitutional Safeguards, Land Acquisition, Displacement and Rehabilitation, Judicial Response.
