Similipal Tribals’ Sacred Groves

The Munda tribe, who lived in Jamunagarh village in Similipal Tiger Reserve (STR) in Odisha for generations, are facing challenges regarding their religious practices and rights after being relocated. Their ancestral lands, sacred groves, and burial grounds are now part of a tiger conservation effort, impacting their ability to continue age-old rituals and worship.

Background (Eviction of the Munda Tribe)

• In two phases, the Munda tribe was relocated from Jamunagarh village in 2015 and 2022 to make way for tiger conservation efforts.
• The village is now transformed into a meadow, and the tribal people were not allowed to return to their ancestral lands.
• Sacred Sites: The Munda tribe has deep spiritual connections to sacred groves (Jayars) and burial grounds (Sasan Pilis) in Jamunagarh.
  • These sites are essential to their religious practices, where the tribe performs annual rituals and worships their deities.
• The land is now being used for tiger conservation, particularly for a program to supplement the tiger population, such as the translocation of Zeenat, a tiger from Maharashtra.
• The Munda tribe believes their religious and cultural identity is under threat as they are denied access to their sacred lands and groves, which are integral to their existence.

Tribal Rights in India

• Special Provisions for Tribal Areas (Part X), Article 244(1): The Governor has the authority to make regulations for the peace and good governance of Scheduled Areas. The regulations can prohibit or restrict the transfer of land by or among Scheduled Tribe members in such areas.
• Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA): The Act extends Part IX of the Constitution (relating to Panchayats) to Scheduled Areas. It ensures that Gram Sabhas or Panchayats are consulted before land acquisition for development projects in Scheduled Areas.
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act): It recognizes the rights of forest-dwelling STs and Other Traditional Forest Dwellers (OTFDs) who have lived in forests for generations. It aims to vest forest rights and occupation of forest land in these communities.
• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (RFCTLARR) Act, 2013: It ensures fair compensation and timely rehabilitation of displaced tribal populations due to land acquisition for projects.
• Constitutional Provisions Ensuring Tribal Welfare
  • Article 16(4): Allows reservation in appointments for backward classes, including Scheduled Tribes, to ensure adequate representation in services.
  • Article 16(4A): Permits states to provide reservation in promotions for SC/STs if they are underrepresented in state services.
  • Article 16(4B): Ensures that backlog vacancies are not considered along with current year vacancies for determining the reservation ceiling.
  • Article 244(1): Applies provisions of the Fifth Schedule for the administration and control of Scheduled Areas and Tribes in states other than Assam, Meghalaya, Mizoram, and Tripura, which are covered under the Sixth Schedule.
  • Article 275: Provides Grants-in-Aid to states under the Fifth and Sixth Schedules to promote the welfare of STs and SCs.
  • Article 23: Abolishes bonded labor and prohibits trafficking in human beings and forced labor. It makes violation a punishable offense.
  • Article 24: Forbids child labor, specifically preventing children under 14 years from working in factories, mines, or hazardous occupations.
  • Article 15(4): Allows special provisions for the educational advancement of Scheduled Tribes.
  • Article 46: Mandates the state to promote the educational and economic interests of STs and SCs and protect them from social injustice and exploitation.
  • Article 350: Grants the right to conserve distinct languages, scripts, and cultures, ensuring the preservation of tribal heritage.