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The Odisha government has instructed Revenue Divisional Commissioners and District Collectors to ensure the protection of tribal land rights in scheduled areas. Citing the Odisha Scheduled Areas Transfer of Immovable Property (OSATIP) Regulation, 1956, the authorities were reminded of the prohibition on transferring tribal land to non-tribals. This follows criticism of the previous government's 2023 decision, which temporarily allowed such transfers. The directive emphasises prompt restoration of illegally occupied tribal land and mandates thorough field inspections by officials. However, delays in resolving cases under OSATIP remain a significant concern, with thousands of cases still pending.
The Odisha government has urged Revenue Divisional Commissioners and District Collectors to ensure the safeguarding of tribal land rights in scheduled areas across the state. The directive, referencing the Odisha Scheduled Areas Transfer of Immovable Property (OSATIP) Regulation, 1956, reinforced the prohibition on transferring tribal land to non-tribals, highlighting that forced alienation is a criminal offence. Advertisement
Earlier this year, the government reminded authorities that this prohibition has been effective since September 2002. It instructed officials to prioritise the restoration of tribal land in cases of illegal occupation, stressing that at least 10% of restored cases should be reviewed by collectors and 20% by sub-collectors.
The Comptroller and Auditor General of India highlighted significant delays in resolving OSATIP cases, with over 2,100 cases, involving nearly 1,900 acres, pending as of March 2022. Officials were criticised for allowing indefinite adjournments during hearings, leading to cases languishing for years without resolution.
In 2023, the government faced backlash for temporarily amending OSATIP to permit land transfers from tribals to non-tribals. The amendment was subsequently suspended due to widespread criticism. The current directive aims to reinforce strict adherence to the regulation and expedite pending cases to ensure justice for tribal communities.
The Odisha government's recent directive underscores its commitment to protecting tribal land rights and upholding the OSATIP Regulation. However, persistent delays in resolving cases and the lack of clear timelines for hearings remain critical hurdles. While the emphasis on restoration and stricter oversight signals progress, addressing systemic inefficiencies will be essential for delivering justice to affected tribal communities. Moving forward, effective implementation and accountability measures will play a pivotal role in safeguarding the land rights of Odisha's tribal population.
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