* Though the Samatha Judgment is not directly linked to the issue of Adivasis and Forests, it can be read within the meaning of Adivasi right to control and access natural resources and prevent assets (such as land) from being alienated. It is a landmark judgment concerning protection of the Adivasis.

SAMATHA JUDGMENT

While framing the Constitution of India two unique Schedules were added, namely the Fifth and Sixth Schedules to deal with the tribal areas in order to protect them from undue exploitation by the mainstream societies.

Even while such clear laws exist, to prevent alienation of tribal lands the state government of Andhra Pradesh issued many leases to the non-tribals to carry on industrial and mining operations since 1952. These have proved detrimental to the tribal people as a whole. Samata, an NGO working in the Scheduled Areas of Andhra Pradesh, filed a case against the government of Andhra Pradesh for leasing tribal lands to private mining companies in the Scheduled Areas.

The Petition filed in the Supreme Court led to a historic judgment in July 1997 which declared that the government is also a "non-tribal" person and that all lands leased to the private mining companies in the Scheduled Areas are null and void. The salient features of this judgment are:-

1.. As per 73rd Amendment Act 1992, "every Gram Sabha shall be competent to prevent land alienation in Scheduled Areas and to take appropriate action to restore any unlawful alienation of land of a Scheduled Tribe."

2.. Minerals are to be exploited by Tribals themselves either individually or through co-operative societies with fundamental assistance of the state.

3.. Transfer of land in Scheduled Areas by way of lease to non-tribals, corporation aggregate etc. stands prohibited.

4.. Renewal of lease is fresh grant of lease, and therefore, any transfer stand prohibited.

5.. Transfer of mining lease to a non-tribal company, corporation aggregate or partnership firm is unconstitutional void and inoperative.

6.. In the absence of total prohibition in some states with Scheduled Areas, committee of secretaries and state cabinet sub-committee should be constituted and decision taken thereafter.

8.. Conference of all Chief Ministers, ministers holding the ministries concerned and the Prime Minister and Centre Ministers concerned should take a policy decision for a consistent scheme throughout the country in respect of tribal lands.

Source: Reproduced verbatim from - "Panchayati Raj", 2002,  NCAS, Pune.

For full copy of the Samatha Judgment click here.