Naveen Patnaik government withdraws decision to allow transfer of tribal land to non-tribals

Govt. of Odisha rescinds decision to amend OSATIP to allow transfer of tribal land to non-tribals. Cabinet decision taken back twice in 10 days due to determined opposition from BJP MLAs and tribal rights activists. Govt. accused of manipulating TAC recommendation to have its say in cabinet meeting.

The Naveen Patnaik Government on November 24 rescinded its decision to amend Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956 (OSATIP) which would have allowed transfer of tribal land to non-tribals.

The OSATIP not only prohibits the transfer of tribal lands but also criminalizes any forced alienation in scheduled areas. A cabinet held in the middle of winter session of Odisha Legislative Assembly, approved proposal of rescinding amendment to OSATIP.

In a statement made in State assembly on Friday, Revenue and Disaster Management Minister Sudam Marndi said, “The cabinet had on November 14 taken a decision to amend OSATIP basing on the recommendation of Tribal Advisory Council (TAC) held on July 11, 2023. Now, cabinet had again recommended further deliberation of the issue in TAC.”

It is rare on part of the Naveen Patnaik government to take back its own decision twice in 10 days. Two days after the November 14 cabinet decision, Mr. Marndi took to social networking site X to announce that the proposal to amend OSATIP had been put on hold.

The assurance, however, did not satisfy Opposition political parties and tribal rights activists who declared that the prohibition on transfer of tribal land to non-tribals was non-negotiable. If OSATIP amended to effect permission for land transfer in scheduled areas, it would open floodgate and soon tribals would be snatched of land, which is important to their identity. The normal proceedings of winter session were also affected following determined opposition from Bharatiya Janata Party MLAs.

A delegation of BJP had met Governor Raghubar Das on November 23 accusing the Naveen Patnaik Government of manipulating recommendation of TAC in order to have its say in the cabinet meeting.

The delegation said, ‘in the last meeting of the TAC which was held on July 11, 2023, it was demanded for relaxation for tribals to obtain bank loans for agriculture, construction of residential houses and higher studies of children only.”