It also underscore the urgent need for legal and policy reforms to secure land and socio-economic rights, empowering these communities to become stewards of the environment and leaders in climate resilience.

I. Impact of deforestation and land use changes

Land rights in forested areas are intrinsically linked to deforestation and land use changes, which contribute to climate change by increasing carbon emissions. In tribal regions, land use patterns have undergone significant changes driven by socio-economic, environmental, and policy-related factors, disproportionately affecting indigenous communities. Key drivers include:

1. Forest land conversion:

Since the 1990s, vast tracts of forest land in tribal areas have been converted for non-forest purposes. Projects like the Polavaram Irrigation Project displaced thousands of tribal families and led to the submergence of 94,357 acres of land, including 29,852 acres of poramboke land and 3,223 hectares of forest resources. Additionally, displaced tribals from neighboring Chhattisgarh, due to armed conflicts, have sought refuge in forest areas, further straining resources through land clearing for basic survival.

2. Industrial development and mining:

Industrial activities have significantly impacted forests in tribal areas of East Godavari District. Companies like ITC, Godavari Plywoods, and AP Paper Mills contributed to deforestation by establishing plantations and extracting raw materials. Mining operations for bauxite and other minerals further accelerated habitat destruction, exacerbating climate vulnerability through increased soil erosion and biodiversity loss.

3. Shifting cultivation and agriculture:

Traditional shifting cultivation (Podu) is being replaced by settled agriculture and monoculture plantations like cashew, coffee, and eucalyptus. These changes have led to declining soil fertility, increased ecological imbalance, and reduced carbon sequestration, all contributing to climate change. Government initiatives aimed at transitioning tribals to agroforestry practices have had limited success.

4. Land alienation and urbanization:

Despite legal protections, tribal land alienation persists. Non-tribals have acquired tribal lands illegally, with more than 50% of Scheduled Area land in AP held by non-tribals. Urbanization and migration to nearby towns and cities further alter traditional land use patterns, displacing tribal populations and increasing their dependence on forest lands.

II. Role of traditional knowledge in climate mitigation

Tribal communities in Eastern Ghats possess deep-rooted knowledge of sustainable land and forest management practices. However, modernization, displacement, and loss of land rights are eroding this traditional knowledge, with far-reaching implications for the environment and efforts to mitigate climate change. Key areas of traditional knowledge include:

1. Sustainable agricultural practices:

Historically, tribals practiced climate-resilient agriculture, such as agroforestry and drought-resistant crops like millets. These have been replaced by water-intensive commercial crops, exacerbating soil degradation and biodiversity loss. Revitalizing traditional agricultural methods could restore ecological balance and strengthen climate resilience.

2. Forest management and biodiversity conservation: 

Tribal knowledge plays a crucial role in forest ecosystem conservation. Practices like controlled burning, selective harvesting, and maintaining sacred groves contribute to forest regeneration and biodiversity preservation. The loss of these practices has increased forest fires, reduced forest cover, and weakened carbon sinks that mitigate climate change.

3. Water conservation techniques:

Tribals traditionally employed sustainable water conservation methods such as terracing and community-based management systems. The decline in these practices has worsened water scarcity, exacerbated by climate change. Reviving traditional water harvesting techniques could help address challenges like changing rainfall patterns and prolonged droughts.

4. Traditional weather prediction:

Tribals used natural indicators, such as animal behavior and plant flowering patterns, to predict weather changes. This knowledge helped them adapt to environmental changes. As these traditions fade, communities are less equipped to anticipate and cope with unpredictable climate impacts, such as erratic rainfall and temperature extremes.

III. Effects of land alienation on climate vulnerability

The lack of secure land rights for tribals in the Scheduled Area of Andhra Pradesh exacerbates their vulnerability to climate change. Displacement and land alienation deprive them of the resources and autonomy needed to manage their environment sustainably, weakening their resilience to climate shocks.

Irrigation projects like Polavaram displaced thousands of tribals,  submerged 94,357 acres, including 7,964 acres of forest resources

1. Deforestation and resource exploitation:

When tribals are displaced from their lands, environmental degradation becomes more prevalent. Commercial interests, such as mining and large-scale agriculture, often exploit tribal lands without regard for sustainability, resulting in higher carbon emissions and reduced biodiversity.

2. Loss of climate resilience:

Secure land tenure allows communities to invest in sustainable farming, soil conservation, and water management. Without land rights, tribals are less likely to engage in these practices, increasing their vulnerability to floods, droughts, and landslides.

3. Socio-economic exclusion:

Socio-economic marginalization further increases climate vulnerability. Tribals who lack access to healthcare, education, and markets are more vulnerable to climate impacts. Economic insecurity also limits their ability to invest in climate adaptation measures.

4. Exclusion from decision-making:

Tribals are often excluded from climate adaptation programs due to their lack of formal land rights and political marginalization. This exclusion weakens their adaptive capacity and undermines climate policy by disregarding the knowledge and practices that have sustained these ecosystems for centuries.

IV. Path forward: Securing land and socio-economic rights for climate resilience

Addressing the challenges faced by tribal communities in East Godavari requires legal, policy, and program interventions to secure land and socio-economic rights. Effective implementation of laws like Land Transfer Regulations 1 of 70, the Forest Rights Act (FRA) and the Panchayats (Extension to Scheduled Areas) Act (PESA) is essential for empowering tribal communities as stewards of their environment.

1. Strengthening legal protections:

Strengthening the enforcement of laws that protect tribal land rights is crucial. Securing land tenure empowers tribals to continue their role in forest conservation and sustainable land management, mitigating climate change.

2. Integrating traditional knowledge into climate policy:

Recognizing and integrating traditional knowledge into modern climate strategies is key to building resilience in ecologically sensitive regions like the Eastern Ghats. Collaboration between tribal communities, governments, and NGOs can help preserve and revitalize traditional practices including health, enhancing biodiversity conservation and climate resilience.

3. Promoting inclusive economic development:

Ensuring access to socio-economic rights such as education, healthcare, and employment strengthens the adaptive capacity of tribal communities. Supporting sustainable livelihoods, like agroforestry and eco-tourism, can provide alternative income sources while preserving the environment.

4. Enhancing climate adaptation orograms:

Tribal involvement in climate adaptation programs ensures that strategies are locally relevant and culturally appropriate. Drawing on traditional knowledge and practices will enhance resilience to climate challenges.

Conclusion

The tribal communities of Eastern Ghats have long been custodians of their environment, maintaining a delicate balance between their livelihoods and the natural world. Securing their land rights and revitalizing traditional knowledge systems are not only essential for their survival but also critical in the fight against climate change. By empowering these communities, we can foster sustainable land use practices, enhance biodiversity conservation, and build resilience to future climate challenges.

Courtesy: CounterView

The post Lack of securing tribal land rights in Andhra ‘exacerbating’ vulnerability to climate change appeared first on SabrangIndia.

The LTA provides for the establishment, administration and management of a system of title registration of immovable properties. The LTA 2023 will replace the judicial courts in the dispensation of land justice through Civil Courts with an executive system to determine land titles and ownership. Lawyers representing several Bar Associations in the State are strongly opposing the LTA tooth and nail.

This Act has been enacted in utter disregard to tribal land rights enshrined in the Land Transfer Regulations 1 of 70 promulgated under Fifth Schedule to the Constitution which prohibits transfer of land situated in the Scheduled Area in favor of non-tribals. The object of this Regulation is to regulate the transfers of the land in the Scheduled Area.

In fact, as per the Land Transfer Regulations 1 of 78 and 1989 Rules, permission is required from the Collector to even register the permissible land transactions among tribals in the Scheduled Area. The provisions of LTA are against these rules.

The LTA enables the land titling officers to prepare record of titles on the basis of existing land related information, notify such records and provide conclusive title to these notified entries. This process of registration of land titles will negate the tribal land rights. Land records in the Scheduled Area do not reflect the actual position on the ground.

The notification issued under the Act with the entries of land parcels and names of the certificate holders will give clean chit to the transfer properties of the tribals to another unless there are any pending disputes or are covered by any court orders.

The separate procedure prescribed for registration of transfer application is guided by the LTA. Aggrieved by the order of the title registration officer, and there after the appellate authority who is the land titling appellate officer, only the second appeal lies with the HC.

Under a conclusive land titling system, land records have to designate actual ownership which is impossible in tribal areas. Because, under the provisions of Land Transfer Regulations 1 of 70, if any non-tribal is in possession of the property in the Agency Tracts, it is presumed that he or his predecessors acquired the same through a transfer made to him by a member of Schedule Tribe which is prohibited. The tribals are defacto the de jure owners of the land situated in the Scheduled Area.

The constitutional validity of the provisions of LTR was upheld by the Supreme Court in P Ramireddy vs State of Andhra Pradesh in 1988. After noticing the provisions of the Fifth Schedule to the Constitution, the Supreme Court in Samata Vs State of AP in 1997, was of the view that the State Government stood prohibited from transferring Government land in a Scheduled Area to a non-tribal person.

The past experience showed that the non-tribals who infiltrated the Scheduled Area had appropriated the tribal lands through clandestine and dubious transactions and in violation of tribal protective Land Transfer Regulations. The unscrupulous non-tribals also obtained settlement pattas over tribals lands fraudulently in collusion with the corrupt officials.

Now such existing land deeds will help non-tribals to seek legitimization of their illegal land holdings through LTA. LTA enables the authorities to decide the ownership over immovable properties on the basis of current possession which is questionable under the LTR.

The LTA affirms that the title recorded in the register of titles will be considered as proof of the marketable title of the title holders though there is a clear prohibition on marketing the immovable properties by non-tribals or tribals in favor of non-tribals in Scheduled Area.

Moreover a Full Bench of High Court of AP in 1993, observed in V.Somalamma Vs Dy. Collector, Tribal Welfare that all laws made applicable to the Scheduled Areas “indicate an anxiety to safeguard the interest of the tribals in the Scheduled Areas and to see that the land in the Scheduled Areas should be in possession of tribals only”.

The High Court of Andhra Pradesh held in Pathipati Rangamma Vs Agent to the Government at Khammam District (2010(4) ALD 769) that the transfer, if found in contravention of the provisions of Land Transfer Regulations 1 of 70, will not be saved by virtue of validation under the provisions of Record of Rights Act 1971.

As per Panchayat Extension to Scheduled Area Rules 2011, all the land transfers shall be placed before the PESA notified Gram Sabha for its review in order to ensure correct land entries in record of rights.

Till now, non-tribals who infiltrated Scheduled Area would appropriate tribal lands through clandestine, dubious transactions 

There is an express embargo on the Civil Courts on entertaining any proceedings on matters covered by the LTA. The Agency Courts are specially empowered to adjudicate civil matters arising from the Scheduled Area under Andhra Pradesh Agency Rules 1924. The Supreme Court upheld the functioning of these courts in determination of civil matters in the Scheduled Area in 2012.

Therefore the Land Titling Act cannot oust the jurisdiction of Agency Courts in determining the legal title over the immovable properties situated in the Scheduled Area. Under the LTA, High Court has revision and appellate jurisdiction over the matters dealt by executive authorities.

As per Section 64 of the Land Titling Act, individuals are liable for the punishments extending to six months imprisonment or fine up to fifty thousand or with both, for furnishing false information or concealment of information. But there is no such penalty provision under the LTA when recording land titles in favor of ineligible individuals by the title registration officer and land titling appellate authority.

However, the model Land Titling Act circulated by Niti Ayog, union of India to the States provides a penal provision to the officers appointed under the Act for causing harm to the property affecting the interest of persons willfully.

The power to remove the difficulties in implementing the provisions of LTA is limited to only two years; the State even cannot exercise its power under the Act later, which is unconstitutional and arbitrary.

Though the Government claims that the LTA would reduce the land dispute litigations, but in fact it would foreclose the voice of tribals. Land titling would also help registration and regularization of land rights that arise from informal family settlements, unregistered deeds etc. LTA will increase landlessness and loss of land amongst tribals promoting land alienation in a large manner.

The Act helps to ‘change the status of preexisting rights in land one way or other through its institutional mechanism. This results in the LTA further deteriorating the situation by legalizing illegal land holdings held by non-tribals triggering further dispossession of tribals. LTA also deciselvely crosses the path of the Article 244 Fifth Schedule as alo the SC and ST (Prevention of Atrocities) Act 1989.

All these indicate the urgent need to incorporate special provisions in the Land Titling Act to provide concrete safeguards to ensure that it actually secures tribal’s tenure rights against dispossession by non-tribals and business bodies.

Courtesy: CounterView

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