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Infiltration in Santhal Pargana

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Infiltration in Santhal Pargana

Context:

Amid ongoing political tensions over shifting demographics in Jharkhand’s Santhal Pargana region ahead of the Assembly elections, the Union government has informed the Jharkhand High Court that there has been “assessed infiltration” in the area through Sahibganj and Pakur districts.

 

More on News:

  • The Centre noted that the state government’s efforts to address this issue have been “less than expected.”
  • This statement was part of the Centre’s response to a public interest litigation (PIL) filed in 2022 by a BJP worker, who claimed that the Scheduled Tribe (ST) population in Santhal Pargana was declining due to “illegal infiltrators from Bangladesh” settling in the region and marrying into ST families to acquire land and influence.
  • In an affidavit submitted on September 12 by an undersecretary from the Ministry of Home Affairs (MHA), the Centre cited population data from the Office of the Registrar General of India, which showed a decline in the ST population in Santhal Pargana—from 44.67% in 1951 to 28.11% in 2011. 

 

Santhal Rebellion

Also known as the Santhal Hool, it was a significant uprising by the Santhal tribal community against British colonial rule and the oppressive zamindari system in 1855-1856.

Context: The Santhals, an agrarian tribal community, were settled in the Damin-i-Koh region (present-day Jharkhand) by the British in the 1830s. Initially promised land for agriculture, they faced severe exploitation from zamindars (landlords) and moneylenders. The introduction of the zamindari system led to heavy taxation and land alienation, pushing the Santhals into debt bondage and poverty.

Leadership: The rebellion was led by four brothers—Sidhu, Kanhu, Chand, and Bhairav Murmu—who mobilised thousands of Santhals to resist colonial oppression. The rebellion was brutally crushed by January 1856, resulting in heavy casualties among the Santhals.

Legislative Changes: In response to the uprising, the British enacted the Santhal Parganas Tenancy Act in 1876, which aimed to protect the land rights of the Santhals and prevent the transfer of tribal lands to non-tribals.

 

 

Legal Framework:

  • Part X of the Constitution: This part contains special provisions for the administration of Scheduled Areas and tribal areas. 
    • Article 244(1) empowers the Governor to make regulations for the peace and good governance of these areas, including restrictions on land transfers among Scheduled Tribes (STs) and regulations for the allotment of land to them.
  • Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: This act recognises the rights of forest-dwelling STs and ensures that no member of these communities can be evicted from forest land without proper recognition and verification of their rights.
  • Panchayats (Extension to Scheduled Areas) Act, 1996: This act extends the provisions of the Panchayati Raj system to Scheduled Areas, mandating that the Gram Sabha be consulted before land acquisition for development projects, thereby safeguarding the interests of tribal communities.
  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013: This act provides for fair compensation and rehabilitation of displaced tribal people, requiring prior consent from the Gram Sabha for land acquisition in Scheduled Areas.

 

Government initiatives to prevent illegal infiltration in tribal areas:

Border Management Initiatives:

      • Border Fencing: The decision to fence the India-Bangladesh border in Assam was taken in 1985 as part of the Assam Accord. 
      • However, the work on fencing started in 1992 and is still ongoing, with around 50% of the Cachar sector completed so far.
      • Deployment of Border Security Force (BSF): The BSF has been deployed along the India-Bangladesh border to prevent infiltration. 
      • However, the effectiveness of the BSF has been limited due to extended frontages and diversion of battalions for other tasks.
      • Comprehensive Integrated Border Management System (CIBMS): The government has implemented a technological solution in the form of CIBMS in some vulnerable border areas to enhance surveillance and check infiltration.

Legal Awareness and Capacity Building

      • Legal Awareness Programs: The State Legal Services Authorities (SLSAs) have been organising intensive legal awareness programs in tribal areas to educate the community about their rights, entitlements under various government schemes, and the consequences of infringing forest laws.
      • Capacity Building of Tribal Community: The SLSAs, with the assistance of government agencies and NGOs, have been organising training programs using audio-visual modes and practical demonstrations to help the tribal community adopt modern technology for gainful agricultural work.
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