STOLEN LANDS SILENCED VOICES: THE LEGAL EROSION OF TRIBAL AUTONOMY

AUTHOR – N NAGA SUGANESWAR, SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY), LAVASA CAMPUS, PUNE 412112, MAHARASHTRA, INDIA

BEST CITATION – N NAGA SUGANESWAR, STOLEN LANDS SILENCED VOICES: THE LEGAL EROSION OF TRIBAL AUTONOMY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG.1138-1148, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/XSNY6028

ABSTRACT

The Tribal Community is the only ancient ethnicity that has survived to present day, but not necessarily so in the true sense. This research critically reviews the changing situation of tribal autonomy in India from the 19th century to the present day in their collective development with aging concerns, which quite directly questions the state of poverty and marginalization that has been associated with the country’s economic and infrastructural development. Focusing on tribal rights since independence, this research is dealt with the concerning the impact of major laws such as the Land Acquisition Act of 1894, Indian Forest Act of 1927, and the Forest Conservation Act of 1980 with their respective amendment in last century, It also looks very thoroughly into the inadequacy of compensation mechanisms and challenges whether monetary compensation can ever really replace the sacred, cultural, and economic value tribes attach to land and forests? By referring to the Fifth and Sixth Schedules of the Indian Constitution, this brings to light the persistent unawareness and shortcomings in turning autonomy into rights that can be exercised. India is in the midst of a global context and outlook on various fronts, drawing parallels from Bolivia’s and Australia’s Tribal reignition model. This comparative lens highlights the necessity of rights-based development that is respectful of Free, Prior, and Informed Consent (FPIC), and also calls for restorative justice mechanisms that would be able to heal the deep cultural and economic gaps. In addition, this study maintains that truly, development can only be achieved when the tribal voices are put at the centre of the process and not silenced and their connection with the land made as a core aspect of the constitutional rights of equity, dignity, and self-determination. Keywords: Tribal Affairs, Constitution, Displacement, Tribal Rights, Framework, Land Alienation