Facing huge criticism, the Odisha government has put on hold a controversial Cabinet decision regarding transfer of tribal lands to non-tribals.
“The proposed amendment to Regulation-2 of 1956 (The Odisha Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956) discussed in the Cabinet meeting held on November 14, 2023, regarding transfer of tribal lands has been withheld,” Odisha Revenue and Disaster Management Minister Sudam Marndi said.
The Cabinet chaired by Chief Minister Naveen Patnaik had given its consent to conditional transfer of tribal land to non-tribals.
“A Scheduled Tribe person may, with the written permission of the Sub-Collector, make a gift or exchange for public purposes or obtain a loan by securing a mortgage in a public financial institution for agriculture, construction of residential house, higher studies of children, self-employment, business or establishment of small scale industries or transfer the same favour of a person not belonging to Scheduled Tribe for the above purpose,” said the Cabinet note.
As per the proposal, after such transfer, the person (tribal) should not be landless or homestead less. “If the Sub-Collector does not grant permission, then the person can appeal to the Collector within six months, whose decision shall be final,” the government said.
At present, the Odisha Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 is in force in the schedule areas of State. There is restriction on transfer of tribal land to non-tribals.
According to the Cabinet note, “In 2002, after some amendments were made in this Act, a person belonging to the Scheduled Tribe category can transfer his immovable property only to the person belonging to Scheduled Tribe. A person belonging Scheduled Tribe in Scheduled Area can mortgage his land to any public financial institution for agricultural purpose only.”
“Due to such provisions, the educated youth belonging to Scheduled Tribes were facing many difficulties,” it said.
‘Protection to tribals diluted’
The Cabinet decision had triggered a massive reaction in the State. “The decision allowing tribals to transfer their land to non-tribals would open floodgates in tribal dominated areas. Corporate houses and mining giants would find it smoother to acquire land. The government had diluted protection for tribals,” said Odisha CPI (M) Secretary Ali Kishore Pattnaik.
Mr. Pattnaik said, “good sense prevailed that the State government put the decision on hold. But, we would continue to fight till the government completely withdraws it. Transfer of tribal land to non-tribals has potential to change demographic character in tribal-dominated districts of the State.”
“No tribal organisation made a demand of transfer of land from tribal to non-tribals. It was ploy of the Naveen Patnaik government to handover tribal land to non-Odia corporate houses. The decision would have regularised hundreds of acres of land in the hands of people who are in illegal possession of tribal land,” said Nityananda Gond, Nabarangpur MLA and president of State Bharatiya Janata Party’s tribal front.
Mr. Gond, who is a member of Tribal Advisory Council (TAC), said there was no discussion to the effect of transferring tribal land was ever discussed in council meetings and it had not passed any resolution in this regard. Odisha Pradesh Congress Committee too demanded complete withdrawal of the Cabinet decision.
