LAND, LAWS AND THE TRIBALS

KAHKASHAN KAMAAL

Abstract


Abstract

This article talks about the inherent contradictions in the constitutional provisions, state policies, local laws and practices in regard to the rights of tribals over their natural resources which have left them marginalized, helpless and poor. According to Hobbes, in order to get security of their life and property, men (people) surrendered some of their natural rights to the state but the state in turn is acquiring more and more property of men in the name of ‘governance’ and ‘development’. This article discusses about Land being more than a commodity for the tribals, it is their identity, culture and memories of their ancestors but state’s repressive and arbitrary acts and laws have led to the displacement of tribals which have made them vulnerable to the dangers of pauperization and marginalization. The expansion of state over natural resources and forests has spearheaded the curtailment of the rights of tribals over their resources. This has created a big hiatus between the fundamental law of the land and its objectives and aspirations with regard to natural resources of its territory. The practices of state through laws and governmental machinery have been very insensitive towards the plight and marginalisation of tribals.

The concluding remarks made in this article have pointed out that land lost due to such acquisitions become irreparable for the tribals even with the provisions of rehabilitation and resettlement packages because here land is linked more to an identity than a mere commodity.

 

Key Words

State, Tribals, Land, PESA, CNTA, Eminent Domain, Public Purpose

 


Keywords


State; Tribals; Land; PESA; CNTA; Eminent Domain; Public Purpose

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References


References

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