Orissa rescinds decision on sale of tribal land to non-tribals amid criticism

The Odisha government has reversed its decision to allow the sale of tribal land to non-tribals in the state's Scheduled areas, following backlash and criticism. The Tribal Advisory Committee has been asked to reconsider the proposal. The decision had sparked protests from opposition parties who accused the government of forcing poor tribals to sell their land and enabling corporate land grabs in mineral-rich areas.

Bhubaneswar: The Odisha government on Friday rescinded its decision to allow the sale of tribal land to non-tribals in the state’s Scheduled areas and decided to send back the proposal for review amid sharp criticism and backlash.

In 2002, the Naveen Patnaik government amended the law, completely banning the transfer of patta land by tribals to non-tribals. (Representative Image)

Parliamentary affairs minister Niranjan Pujari on Friday announced the decision in Assembly an hour after the Cabinet met and approved the reversal. The minister said the Tribal Advisory Committee, which had sent the proposal has been asked to reconsider it..

On November 14, the Odisha Cabinet had allowed amendment to Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulations, 1956 making it possible for tribals to mortgage or sell part of his landholding to non-tribals. To control, what it called, land alienation among tribals, the state government in 1956 passed the Orissa Scheduled Area Transfer of Immovable Property (by Scheduled Tribes) (OSATIP) Regulation, 1956 but it proved to be ineffective as the law permitted transfer of ‘patta’ land from tribals to non-tribals after obtaining permission from the revenue authorities.

Then in 2002, the Naveen Patnaik government amended the law, completely banning the transfer of patta land by tribals to non-tribals 2002 amendment, however, allowed a tribal to mortgage his land to any public financial institution ‘only for agricultural purposes.’

Besides, a tribal was not allowed to sell land to a fellow tribal if the total amount of land under his possession after sale came down to less than two acres for irrigated land and five acres in case for non-irrigated land.

For tribals living outside the Scheduled areas, the Orissa Land Reforms Act, 1960 makes it mandatory for permission from the sub-collector before any tribal land can be sold to non-tribals.

As per the Scheduled Area Order, 1950, the areas with predominantly tribal population such as the districts of Koraput, Rayagada, Malkangiri, Nabarangpur, Sundargarh, Mayurbhanj, Chakapad block of Kandhamal district, Koenjhar, Telkoi, Champua and Barabil tehsils of Keonjhar district, Thuamul-Rampur Tahasil and Lanjigarh block of Kalahandi district, Nilgiri tehsil of Balasore district and Kuchinda tehsil of Sambalpur district have been declared as scheduled areas under 5th Schedule of the Constitution. The scheduled area covers about 44.70% area of the state with 68% of the total tribal population living there.

But protests erupted with opposition parties BJP and Congress threatening to launch agitation against the decision. Since the last two days, Assembly proceedings had to be repeatedly adjourned after opposition parties demanded that the order be withdrawn.

A delegation of BJP legislators on Thursday met Governor Raghubar Das and submitted a memorandum demanding immediate withdrawal of the cabinet decision on the amendment of Odisha Scheduled Areas Transfer of Immovable Property Scheduled Tribe Regulation, 1956.

The BJP members alleged that the BJD government had hatched a conspiracy to force poor tribals to sell their land. By tweaking the law on tribal land rights, the BJP alleged that the government’s decision would encourage corporate houses to grab tribal land in the mineral-rich areas of the state. The BJP’s chief whip, Mohan Majhi, alleged that the state government has no concern for tribal welfare though it claims to have rolled out several schemes for the tribes

Taraprasad Bahinipati, a Congress MLA from Koraput, a Scheduled area, said the permission went against the Panchayat Extension to Scheduled Areas (PESA) Act, 1996 in Odisha.