Introduction:
Scheduled Areas are specifically designated regions in India identified under Fifth Schedule of the Constitution. These areas are predominantly inhabited by Scheduled Tribes (STs) and are located in states like Andhra Pradesh, Telangana, Odisha, Chhattisgarh, Jharkhand, Gujarat, Maharashtra, Madhya Pradesh, and Rajasthan.
They are notified by the President of India under Paragraph 6(1) of the Fifth Schedule to ensure protection of tribal culture, customs, and economic interests—especially their traditional rights over land and forest.
Legal Framework Governing Land in Scheduled Areas
The transfer and alienation of land in Scheduled Areas are highly restricted to safeguard the rights of tribal communities. The legal framework includes:
- The Constitution of India (Fifth Schedule)
- Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)
- State-Specific Land Laws and Regulations
- Judicial Pronouncements by the Supreme Court and High Courts
Can Land in Scheduled Areas be Transferred to Non-Tribals?
No — As a general rule, lands in Scheduled Areas cannot be transferred to non-tribals.
1. Why is this prohibition in place?
- To prevent alienation of tribal land to outsiders.
- To protect tribal livelihood, culture, and socio-economic stability.
- Tribals are vulnerable to exploitation through debt, illiteracy, and fraud.
State-wise Legal Restrictions (Illustrative Examples)
| State | Key Provision |
|---|---|
| Andhra Pradesh & Telangana | Land Transfer Regulation 1 of 1959 (amended in 1970 & 1971) prohibits transfer of land from tribal to non-tribal in Scheduled Areas. |
| Madhya Pradesh & Chhattisgarh | Land transfer to non-tribals is restricted; prior approval from Collector or Gram Sabha needed. |
| Odisha | Odisha Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 – prohibits alienation. |
| Maharashtra | Maharashtra Land Revenue Code – transfer in Scheduled Areas needs Collector’s sanction. |
| Jharkhand | Chota Nagpur Tenancy Act and Santhal Parganas Tenancy Act restrict transfer of land from tribals to non-tribals. |
Exceptions to the Rule (Subject to Conditions)
Though transfer is prohibited, some narrow exceptions exist:
- Government acquisition for public purpose under land acquisition laws.
- Transfer between tribals is usually permitted.
- In some states, prior approval of the District Collector or Gram Sabha may permit limited transfers.
- Repossession of land unlawfully taken by non-tribals is also a provision in many state laws.
Supreme Court & High Court Judgments
1. Samatha v. State of Andhra Pradesh (1997) – Landmark Judgment
- Facts: Government leased tribal land in Scheduled Areas to private mining companies.
- Held: The Supreme Court ruled that even government lands in Scheduled Areas cannot be leased to non-tribals or private industries.
- Impact:
- Affirmed that tribal autonomy over land must be upheld.
- Private companies cannot exploit land in Scheduled Areas unless owned or controlled by the state.
*2. Lachman Oraon v. Tuknait Oraon (2002, Jharkhand HC)
- Declared that any transfer of land from a tribal to a non-tribal without legal sanction is void ab initio.
Role of PESA Act, 1996
The Panchayats (Extension to Scheduled Areas) Act, 1996 empowers Gram Sabhas in Scheduled Areas to:
- Prevent land alienation,
- Approve development plans,
- Manage natural resources and forests.
Thus, PESA strengthens local governance and gives tribals a voice in land decisions.
Re-possession and Restoration of Tribal Land
Several states have introduced legal mechanisms to restore land wrongfully taken from tribals:
- Andhra Pradesh, Odisha, and Maharashtra have set up special tribunals for restoration.
- In Telangana, the Thanda land pattas and tribal rights are increasingly being digitally documented to prevent misuse.
Conclusion: A Policy Rooted in Social Justice
The prohibition on transferring land in Scheduled Areas to non-tribals is not discriminatory, but rather a protective legal shield that:
- Prevents exploitation,
- Upholds tribal identity,
- Ensures inclusive and equitable development.
It reflects the Constitutional promise of distributive justice, enshrined in the Preamble, Article 46, and the Fifth Schedule—protecting the interests of weaker sections, especially Scheduled Tribes.