How tribal land disputes persist in Jharkhand despite legal safeguards
Practice PYQs on this topic
500+ questions on Polity with explanations
📌 Summary:
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Historical roots: the Santal ''Hul'' (revolution) of 1855 in the Damin-i-Koh region against British-era oppression by zamindars, moneylenders and upper castes led to the Santhal Pargana Tenancy (SPT) Act, 1876
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SPT Act, 1876: prohibits transfer of Adivasi land (urban or rural) to non-Adivasis; land passes only by inheritance; covers Santal Pargana districts — Dumka, Deoghar, Godda, Pakur, Sahibganj, Jamtara
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CNT Act, 1908 (outcome of the Birsa Munda movement of 1899): allows land transfers within the same caste and geographical limits with District Collector approval; restricts sale of Adivasi and Dalit land; applies to North/South Chotanagpur and Palamau divisions (Ranchi, Hazaribagh, Palamu, Khunti, Gumla)
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PESA Act, 1996: extends Part IX (Panchayats) to Fifth Schedule Areas; empowers Gram Sabhas for self-governance and recognises tribal rights over natural resources; notified in 10 states including Jharkhand
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Why disputes persist: central mining laws — MMDR Act, 1957 and Coal Bearing Areas Act, 1957 — often override tribal protections in the name of "public interest"; a 1996 amendment to Section 49 of the CNT Act extended permissible land transfers to industrial and mining purposes; overlapping mining/forest/land-acquisition laws create conflicts with PESA and the Fifth Schedule; state authorities frequently prioritise mining policy over local self-governance; weak enforcement and administrative loopholes compound alienation in mineral-rich Jharkhand
🎯 UPSC Relevance: GS1 — tribal society and land alienation; GS2 — Fifth Schedule, PESA and Gram Sabha powers; GS3 — mining vs tribal rights (development-displacement debate)
📝 Prelims Facts:
- Santal Hul: 1855; SPT Act: 1876; Birsa Munda movement: 1899 → CNT Act: 1908
- PESA, 1996 notified in 10 states (AP, Chhattisgarh, Gujarat, HP, Jharkhand, MP, Maharashtra, Odisha, Rajasthan, Telangana)
- MMDR Act 1957 and Coal Bearing Areas Act 1957 are central laws that can override tenancy protections
🔑 Key Term: PESA, 1996 — Panchayat (Extension to Scheduled Areas) Act, extending Part IX to Fifth Schedule Areas with Gram Sabha consent powers over land and resources
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