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Scheduled Tribes and Tribal Legislation in Madhya Pradesh.PDF Cochin University Law Review Vol. IX, 1985 p. 105-116 a Scheduled Tribes and Tribal Legislation in Madhya Pradesh G. P. TRIPATHO The Scheduled Areas I of Madhya Pradesh may roughly be classified into four zones; on the basis of physical features, social structures and economic needs. They are: Southern zone: Comprising of Bastar, Raipur and Durg Districts. Eastern zone: - Comprising of Surguja, Raigarh and Bilaspur. Central zone: Comprising of Betul, Chhindwara, Shandol, Balaghat, Mandla and Seoni Districts. Western zone: Comprising of Dhar, Jhabua, Khargone and Ratlam Districts. As many as thirteen districts of the State have been declared to be Scheduled Areas. Besides the tribal population in the 4: LL.M., Ph.D. (Allahabad); Dean, Professor and Head, Faculty of Law, Doctor HariSingh Gour Viswa Vidyalaya, Saugar. 1. For the purpose of areas inhabited by tribal people the Constitu- tion of India makes certain special provisions. The areas are des- cribed as scheduled areas and tribal areas. Under Article 244, the provisions of 5th Schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any State other than the States of Assam, Meghalaya and Tripura and the Union Territory of Mizoram whereas the provisions of the 6th Schedule shall apply to the administration of the Tribal Areas in the States of Assam, Meghalaya and Tripura and the Union Terri- tory of Mizoram. 106 COCHIN UNIVERSITY LAW REVIEW above mentioned areas, the tribals are spread almost through- out the State. SOUTHERN TRIBAL ZONE Almost whole of the Bastar district and Balod and Bin- dranwagarh tehsils of Durg and Raipur districts are inhabited by two main tribes of this zone, i.e., Gonds and Halbas. Besides these two, Kawars, Bhattras, Binjhwars, Sawars and Kamars are other notable tribes living in southern zone. EASTERN TRIBAL ZONE This zone includes the whole district of Sarguja, and Dha- namjaigarh, Gharghoda and Jashpur tehsil of Raigarh district and katghora and Bilaspur tehsils of Bilaspur district. Gonds, Oraon and Kanwars are the three important tribes of Eastern Zone. Besides, Nagesia, Bharia, Korwa, Khairwar, Majhwar, Binjhwar, Dhanwar, Kharia, Bhaina, and Baiga are other not- able tribes of this zone. Sarguja and Raigarh districts are the areas where Oraon tribe is predominant. These are also known as Kurukh, Kuda, Bhangad, Dhanka and Kisan etc. CENTRAL TRIBAL ZONE This zone includes six districts; namely Shandol, Mandla, Balaghat (Baihar tehsil), Seoni (Lakhanadon tehsil), Chhind- wara (Chhindwara and Amarwara tehsils) and Betul (Betul and Bhainsdehi tehsils). The Gond tribe is quite notable tribe of this zone. The Baiga tribe which is another important tribe of this zone is concentrated mainly in the districts of Mandla, Shandol, Sidhi, Balaghat, Bilaspur and Surguja. WESTERN TRIBAL ZONE The Western Zone includes Jhabua, Dhar (Sardarpur, Dhar, Kukshi and Manawar tehsils), West Nimar (Maheshwar, Raj- G. P. TRIPATHI 107 pur, Barwani, Sendhva, Khargone and Bhikangaon tehsils) and Ratlam district (Sailana tehsil). This zone is the land of the Bhils who are the second most important tribe of the State of Madhya Pradesh.2 Bhilala is another tribal group which occupies highest posi- tion in the social hierarchy among the tribes of this zone. They consider themselves superior to the Bhils and are so treated by the latter. PROBLEM OF EDUCATION In the sphere of education, in spite of the largest number of educational institutions in their areas, the Bhils of the Wes- tern Zone are amongst the most backward tribes. Crushing poverty forces them to employ their children for supplementing their income. But education has made good progress amongst the Gonds and Pardhans of the Central Zone, Oraon and Kanwars of the Eastern Zone and Halbas Kanwars of the Sou- thern Zone. The Gonds of Central and Eastern Tribal Zones are educationally more advanced as compared to other tribes but their overall educational level is poor because of lack of spread of education among some of their sub-tribes like Abujh- marias, Bison-horn marias and Dorlas. The economic condition of Pardhans, Halbas and Kanwars is comparatively better. They have good percentage of literacy. The tribes among whom pro- gress in education is the least are; the Sahariyas, Bhumia, Bharia, Paliha, Kamar, Korku, Korwa, Kol, Baiga and Bhils. The State of Madhya Pradesh has taken steps for the pre- paration of text books in tribal languages. The first and second standard text books in all the six major tribal languages are available now. 2. On national level, they rank third in population after Gonds and Santhals. 108 COCHIN UNIVERSITY LAW REVIEW All tribal children in primary schools are provided with text books and other facilities for study free of cost. Milk and porridge are also distributed. No tuition fee is charged from tribal students in Government educational institutions and fee paid in non-Government institution is reimbursed. Tribal stu- dents whether regular or private are exempted from payment of fee for appearing at the Higher Secondary and University Exa- minations. Residential hostels separately for boys and girls have been constructed. 15% seats in educational institutions are reserved to students belonging to Scheduled Tribes. The mini- mum qualifying mark for students of Scheduled Tribe is 5% less than prescribed for general candidates. PROBLEMS CONCERNING LAND AND WELFARE LEGISLATION Ownership of land not only improves the economic condi- tion of a person but also raises his social status. According to available information, there are about 17.4 million hectares of cultivable waste land and about one million hectares of the land have been declared surplus in the country. This needs to be distributed at the earliest amongst landless people. The State of Madhya Pradesh has already passed welfare legislation for securing protection to the interests of Scheduled Tribes in land and forests. The Scheduled Tribes have been given third priority for the allotment of the Government land among the landless people. The freedom fighters and the army personnel are the only ones placed above them. The land is allotted free of premium. In the first instance the land is allotted for five years and if during that period, the allottee brings 75% of the area under cultivation, title is given. MADHYA PRADESH LAND REVENUE CODE 1959 The Madhya Pradesh Land Revenue Code 1959 lays down two important safeguards that go to protect the interests of Scheduled Tries in the land held by them ;3 3. M. P. Act No. 20 of 1959, S. 165(b). G. P. TRIPATHI 109 In Scheduled Tribe areas, no land held by a person belong- ing to Scheduled Tribe can be sold or otherwise transferred to any person who does not belong to Scheduled Tribe. Such a transfer is void whatever may be the consideration; cash or arising out of some loan or otherwise. In areas other than Scheduled Areas, similar protection is extended to persons belonging to Scheduled Tribe. No trans- fer whatsoever can be made to a non-tribal purchaser by a member of Scheduled Tribe except with the permission of the Collector. The Collector shall have to see that no per- mission is given if the purchaser is not the resident of the Scheduled Areas or if the transfer is injurious to the social, cultural or economic interests of the Scheduled Tribes. The Madhya Pradesh Land Revenue Code Amendment Acts of 1980 and 1982 lay down provisions for setting aside sales or other transfers made by any person belonging to Scheduled Tribe to person outside the Scheduled Tribe. 4 Limitation does not apply to such cases. The Sub-Divisional Officer can suo motu or on application of a member of a Scheduled Tribe can set aside the transfer. It makes no difference whether such a transfer was by act of parties or by operation of law, i.e., by decree of the Court. Such transfers may be cancelled if the Sub-Divisional Officer is satisfied that these were somehow lacking in bonafides. After cancellation of the transfer the land shall be restored to the Scheduled Tribe transferor or his heirs as the case may be. Section 170 (Kha) deals with those cases when land belonging to aboriginal tribe has gone fraudulently to some other person. It has been laid down that if any land has ever been belonging to any Scheduled Tribe during 1959 to 1980 anybody holding such land shall have to intimate to the Sub-Divisional Officer as to how this land came in his possession. On being intimated, the Sub-Divisional Officer shall examine such cases on merit 4. Id., S. 170 K. inserted by the Amendment Act of 1980 (M.P. Act No. 15 of 1980) . 110 COCHIN UNIVERSITY LAW REVIEW and if he is satisfied that some member of the Scheduled Tribe has been wrongfully and fraudulently dispossessed of his right- ful claims, the Sub-Divisional Officer shall declare the transac- tion null and void and shall hand over the possession of the land to the Scheduled Tribe owner or his heir as the case may be. If any person fails to give intimation within two years after the amendment came in force (retrospective enforcement with effect from October 23, 1981), it shall be presumed that the land is being held by non-tribal owner without lawful authority, and the Sub-Divisional Officer shall pass orders accordingly conveying the land back to its tribal owner if alive or to his heirs. The Madhya Pradesh Nagariya Kshetro ke Bhoomihin V yakti (Pattadhrits Adhikaron Ka Pradan Kya Jana) Adhini- yam :5 1984 is another progressive welfare legislation which deserves mention. This Act was passed to provide for the con- ferring of leasehold right on landless persons in respect of sites for dwelling houses in urban areas in the State of Madhya Pra- desh.
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