VOLUME I, ISSUE I
ARTICLE III
Garima Agarwal & Kajal Singhvi
Students at Jindal Global Law School, Sonipat, India.
Tribal Property Rights: A Legal Analysis
ABSTRACT
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In our country, the property rights of tribals are in extreme jeopardy. Despite various legislations and laws that ensure that property rights to the tribals are not denied, the situation is dire. There is also a massive power imbalance; the tribes have no power against the states and are always the victims. A constitutional provision like the Fifth Schedule is highly outdated and centralizes the decision-making rights of tribals. The PESA Act established to ensure that tribals are more involved in decision-making has been manipulated and not appropriately implemented. The LARR Act and the FRA Act, dealing with land acquisition laws and tribal property rights, respectively, have successfully been diluted by the states as well the central government.
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Keywords- Tribes, Tribal Rights, Property, PESA, LARR, FRA