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Jharkhand High Court Mandates Restoration of Alienated Tribal Land: Upholding the Santhal Parganas Tenancy Act

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The Jharkhand High Court has directed the state administration to identify and restore tribal lands illegally transferred to non-tribals in violation of the SPT Act. This landmark ruling aims to combat the systemic impoverishment and displacement of indigenous populations in the Santhal Parganas region.

The Jharkhand High Court recently issued a significant directive to the state government, ordering the identification and restoration of tribal lands that were alienated in violation of the Santhal Parganas Tenancy (SPT) Act, 1949. The court emphasized that the protection of tribal land rights is not merely a legal formality but a constitutional necessity to prevent the socio-economic marginalization of indigenous communities. The Santhal Parganas Tenancy Act was originally enacted to preserve the demographic and social structure of the region by prohibiting the transfer of tribal land to non-tribals. However, over the decades, various loopholes and administrative lapses have led to large-scale land alienation. The court observed that such illegal transfers often occur through fraudulent documentation or by bypassing the mandatory permissions from the Deputy Commissioner. This process has historically stripped tribal families of their primary source of livelihood, leading to a vicious cycle of indebtedness, poverty, and forced migration.

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