After move draws flak, Odisha cancels decision on transfer of tribal land to non-tribals

Though the state government did not cite any reason behind its decision, Marndi claimed there was no change of heart. “Although the matter was discussed in detail at a Cabinet meeting, no decision was taken. Only the President of India has the authority to take any decision on the Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes) Regulation, 1956, not the Cabinet. It has been withheld keeping larger interests in mind,” Marndi told reporters at Baripada on Friday.

Marndi, who is himself a tribal leader, had earlier termed the new amendment progressive, claiming it would empower tribal youth, while collectors and sub-collectors would ensure that tribals would not be left landless.

The news of the decision had not gone down well with tribal groups, with Opposition parties also criticising the move as ‘anti-tribal’. With elections ahead, the ruling BJD thought it wiser to withdraw rather than treading on any feet, said sources.

“It’s a sensitive matter and may trigger protests among tribal communities, which will go against the government. As elections are around, the government doesn’t want to take any risk. This could be why it was withheld,” said a source.

Tribals comprise over 22% of the state’s population. Of the state’s 147 Assembly seats, 32 are reserved for STs, while 5 of the 21 Lok Sabha seats are kept aside for them.

The state government had announced the amendments, which allowed people from ST communities to transfer their immovable properties to non-tribals with a written order from a sub-collector, on November 14. It also allowed them to mortgage land with any public financial institution for purposes other than agriculture.

After 2002, when the regulation was last amended, tribals were allowed to sell immovable assets but only to other tribals. They were also allowed to mortgage their lands, but only for agricultural purposes.

The BJP had accused the government of not discussing the issue in Tribal Advisory Council (TAC) meetings, despite state government claims that the amendments were based on the council’s recommendations. The TAC is headed by the Chief Minister and comprises members from various political parties.

The party supported only that part of the provision that enabled tribals to mortgage their land for non-agricultural purposes.

“It was a conspiracy against tribals, and the government was forced to withdraw. We feel it was taken to legalise benami property transactions by land mafia in tribal areas,” Nityananda Gond, BJP MLA and president of the party’s ST Morcha in Odisha, had said.

Gond said if the government was so concerned about tribal welfare, it should immediately implement the Centre’s Panchayats (Extension to Scheduled Areas) Act or PESA that aims to provide self-rule to tribals.

The Congress had opposed both the new provisions and had said it would raise the issue in the next Assembly session. “The move is anti-tribal. Tribals might fall victim. In case a person from the community defaults in repaying loans availed against mortgaged lands, the bank will confiscate the asset, leaving nothing with the person,” party MLA Razen Ekka told The Indian Express.

Lambodar Kanhar, a tribal leader from the Kui community in Kandhamal, had questioned the government’s intent. “Why did the government not consult any tribal organisation before making the changes? It seems the government wants to take away land from tribals. We will protest if the amendments are not withdrawn,” he had said.

Past protests

Odisha has witnessed frequent protests against tribal land acquisition, industrialisation and mining. In 2013, Arcelor-Mittal was forced to scrap its steel plant project in tribal-dominated Keonjhar, following delay in land acquisition due to protests by locals.

Vedanta was also forced to withdraw its bauxite mining project in Niyamgiri Hills, after the local Dongria Kondhs, a Particularly Vulnerable Tribal Group (PVTG), rejected it. Their protest had gained limelight after Congress leader Rahul Gandhi met and expressed solidarity with the protesters, promising that he would not allow mining at the proposed site.

On January 2, 2006, 14 tribals, including three women, had been killed in police firing at Kalinagar in Jajpur, during a protest against a Tata steel plant project, which, however, later went ahead.

Three tribals were killed and several others injured on December 16, 2000,at Maikanch in Rayagada, when the police opened fire on protesters against bauxite mining and an alumina refinery by Utkal Alumina International Ltd, a Hindalco subsidiary.