Non-tribals move Supreme Court against Adivasi land rights law

Hundreds of non-tribals have filed cases in the Supreme Court challenging the constitutional validity of Regulation 1 of 1970, which protects Adivasi land rights in the Scheduled Areas of Andhra Pradesh and Telangana, telanganatoday.com reports. The petitioners argue the regulation violates their rights under Articles 14, 19, 21 and 300-A of the Constitution. The Supreme Court has issued notices to both state governments.

The regulation, enacted under the Fifth Schedule with presidential assent, prohibits land transfers even between non-tribals in Scheduled Areas. The Supreme Court had upheld it in the 1988 P Rami Reddy case. Telanganatoday notes that the regulation does not affect lawful acquisitions before 1970 or ancestral lands, and non-tribals can sell to tribals or to the government with compensation. Nearly 60% of cases filed under the regulation in both states have reportedly favoured non-tribals.

The report argues the regulation mainly impedes large landowners, corporations, and those seeking to regularise unlawful occupation or exploit natural resources. The petitioners now await the court's hearing on the notices.