Call for Permanent Settlement for Tribals

Syllabus: GS2/Government Policies & Interventions

Context

The recent discussions on permanent settlement for displaced tribals highlight the need for a structured approach to ensure their land rights, livelihood security, and cultural preservation.

Overview: Scheduled Tribes (STs) in India
– Population: Over 104 million (Census 2011); About 8.6% of India’s total population;
– Article 342: It defines which tribes are considered ‘Scheduled Tribes’ for the purposes of the Constitution.
1. It gives Parliament the power to add or remove tribes from this list.
– Fifth and Sixth Schedules of Constitution: Provide for administration and governance of tribal areas in central and northeastern India respectively.
– Article 15 & 16: Prohibition of discrimination and provision of reservations in education and employment.
– Article 46: Mandates the state to promote the educational and economic interests of STs.

Causes of Tribal Displacement

Development Projects: Infrastructure initiatives like dams, mining, and industrial projects have led to the displacement of millions of tribal people.
- Nearly 85.39 lakh tribal people were displaced until 1990 due to large-scale projects like dams, mining, and industrialization. Examples include the Narmada Valley Project and coal mining in states like Odisha and Jharkhand.
  - Tribals constitute 55.16% of the total displaced population in the country.
Conflict and Insurgency: Tribal communities in regions like Chhattisgarh have been displaced due to conflicts between Maoist insurgents and security forces.
Issue of Land Title: According to NITI Aayog, only about 45% of potential forest dwellers have been issued titles so far, leaving millions without secure tenure.
Conservation Efforts:Project Tiger has led to the displacement of 5.5 lakh Scheduled Tribes and other forest dwellers.
- Before 2021, around 2.54 lakh people were displaced from tiger reserves in India, but post-2021, the displacement rate increased exponentially.
Gendered Impacts of Eviction: Women, the primary collectors of minor forest produce, are disproportionately affected by forest displacement. Their role is often not legally acknowledged in land title distribution.
Environmental vs Tribal Rights Conflicts: The push for conservation and industrial development often results in forced relocation of tribals from protected areas.
- In tiger reserves, the NTCA admitted relocation of tribal populations without proper consent or rehabilitation.
Lack of Legal Recognition: Many displaced tribals live on illegally occupied forest lands, facing eviction threats from authorities.
- Forest departments resisted FRA implementation across several states, labeling rightful tribal claims as ‘encroachments’.
- The absence of a national policy for Internally Displaced People (IDPs) leaves them vulnerable to exploitation.
Legal Barriers and Bureaucratic Resistance: Many claims are rejected on technical grounds like lack of documentary evidence, despite oral traditions being legally admissible under FRA.
Rehabilitation Gaps: Out of an estimated 85 lakh displaced persons, only 21 lakh have been rehabilitated, highlighting significant gaps in resettlement efforts.

Impact of Displacement

Loss of Land and Livelihood: Displacement often results in land alienation, depriving tribals of their primary source of sustenance.
- Many displaced individuals struggle to find stable employment, leading to economic insecurity.
Cultural Disruption: Forced migration disrupts tribal social structures and traditions, eroding their cultural identity.
Social and Psychological Challenges: Displaced tribals face social isolation, lack of access to education and healthcare, and psychological trauma.

Earlier Resettlement Efforts

Earlier, in 1949, Government of India shifted tribals from forests to roadside camps to fight the Telangana communist revolutionaries after the surrender of the Nizam.
In 2005, around 50,000 Gond tribals were forced to migrate to then-undivided Andhra Pradesh (now parts of Telangana) when the government embarked on the ‘Strategic Hamleting’ Programme to eliminate Maoists in Chhattisgarh.
The Mizo Rehabilitation Program (2019) successfully provided permanent settlement for displaced Bru (Reang) Tribals.
However, similar efforts have not been extended to the Gutti Koya tribals, who continue to struggle for legal recognition of their settlements.

Government Initiatives & Responses

Forest Rights Act (FRA), 2006: It grants individual forest rights for habitation and cultivation, and provides community forest rights, allowing tribals to manage and use forest resources sustainably.
- According to the FRA, 2006, if a tribal person was forced to vacate a forest land under her possession before the cut-off date of December 13, 2005, the State must provide her with alternative forest land.
The National Commission for Scheduled Tribes (NCST) has initiated surveys to assess the number of displaced tribals and their needs.
- Successful models like the Bru rehabilitation program in Mizoram can serve as templates for other regions.
Vanbandhu Kalyan Yojana: It aimed at holistic tribal development, has faced funding constraints, limiting its impact.
- It addresses gaps in infrastructure and livelihood opportunities for tribal communities.
Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM-JANMAN): It was launched to improve the lives of 75 Particularly Vulnerable Tribal Groups (PVTGs) across 18 states and a Union Territory.
- It focuses on housing, clean drinking water, education, healthcare, electrification, and sustainable livelihoods.
Development Action Plan for Scheduled Tribes, formerly known as the Tribal Sub-Plan (TSP): It ensures fund allocation for tribal development across 42 ministries.
Eklavya Model Residential Schools (EMRS): It provides quality education to tribal children through 401 residential schools, with over 1.2 lakh students enrolled.
- It encourages higher female enrollment, with 60,815 female students compared to 59,255 male students.