
Revisiting the Role of Tribal Development Department
in the Context of Adivasi Land Rights

It is time to revise the mandate of the Tribal Development Department beyond implementation of a few schemes and disbursal of the Tribal Sub-Plan to other departments. In fact, the department should be empowered to ensure the Constitutional and Legal rights of Adivasis particularly over Jal, Jungle, Zameen which are of vital importance to Adivasi existence. To a certain extent this was done through the Forest Rights Act, 2006 in which the Tribal Ministry played the key role in formulation of the Act as well as in its implementation.
I am writing this at a juncture when the state is in the process of initiating a survey of Jivti block of Chandrapur and updation of land records. This is an important process because large parts of the block remain either unsurveyed or proper maps and records are not available. There are even boundary disputes between the revenue and forest departments. The entire Jivti block has been unilaterally declared as ‘Forest Land’ and all mutation entries have come to a halt in the last three years. Under these circumstances, the administration’s decision to survey the 82 villages of Jivti block and update land records is a welcome one, yet there are grave concerns amongst the Adivasis about the entire process.
According to the 2011 census, the population of Jivti is around 60,000 of which around 30% are Adivasis. It is the block where historically Adivasis have been dispossessed of land by non-tribals on a very large scale since the 1980s. Between 2004 and 2009 Shramik Elgar led a campaign for Adivasi land restoration and with the help of district administration and the High Court restored land to more than 240 Adivasi families. During this campaign the organisation faced many difficulties because of the unavailability of proper records and also the appearance of patently false and fabricated land documents with non-tribals. There remain many cases where land was not restored and other cases where Adivasis were dispossessed thereafter. There is a fear and uncertainty amongst Adivasis that the survey process may be used to insert the names of non-tribals in the land records and delete the names of Adivasis or the boundaries will be shifted to decrease the Adivasi land holdings.
The misgivings of the Adivasi community are not unfounded given the following facts:
- There is already large scale forcible dispossession of Adivasis in many villages. Even though the land records are in the names of Adivasis, the possession is with non-Adivasis. For instance, the much of the land in village
- There are hundreds of false and fabricated 7/12 extracts ‘issued’ by Patwaris at the local levels mainly to the non-Adivasis. These false 7/12 extracts are hand-written as well as typed/printed. Based on these false documents the Adivasis have been dispossessed in the past and they fear dispossession.
- The false 7/12 extracts are to used either to physically threaten Adivasis and violently remove them from their land or to institute false and frivolous civil suits against them. Since the Adivasis are extremely poor they often lose the cases and eventually the land.
- In many villages, the non-Adivasis have destroyed or tampered the boundary marks such that the markings on the village maps do not match with the boundaries on the ground.
- The land records section in Jivti block is largely mismanaged, and documents are not available. Particularly, the records of Adivasis are ‘misplaced’ or ‘unavailable’.
In such a situation can we say that the survey and land records of Jivti should be carried out by the Revenue Department and the Land Records Department without any involvement of the Tribal Development Department? Who will ensure that Adivasi land is protected and injustice is not committed on the Adivasis in this entire process? Given that there are Constitutional and Legal safeguards against tribal land alienation and forcible dispossession, the Adivasi Department should take a proactive stance in ensuring that Adivasi Land Rights are protected.
Separate Land Records Repository of Adivasis: Given that the Adivasis of Jivti block have suffered and continue to suffer dispossession in the hands of non-tribals, the Tribal Development Department should consider maintaining a separate Land Records Repository of Adivasis at the Sub-Divisional or District Level. This section should have physical and digital copies of caste certificates, Aadhar Cards, IFR/CFR pattas, land pattas, maps, orders of courts, and tribunals, Land Acquisition Awards and Details of Compensations, mutation entries, affidavits, possession certificates etc. This will help Adivasis and the administration to protect Adivasi land from alienation and forcible dispossession.
- Paromita Goswami