Land, law, and justice: A deep dive into Odisha’s SC/ST land purchase policy

The Odisha government recently came up with a plan to purchase land from the Scheduled Castes and Scheduled Tribes communities to protect them from exploitation. Revenue Minister Suresh Pujari then opined that around 20 per cent of the land sale by SCs and STs is for genuine reasons like weddings or education expenses while the remaining is often due to pressure from influential people.

Hence to safeguard these communities from exploitation, the government has proposed SC/ST Land Purchase Policy. Though the sole purpose of this policy by the Mohan Majhi-led BJP government is to ‘protect’ the state’s Dalit and tribal land, there are some practical challenges that the government may face once this new policy is implemented.

But, before diving into the pitfalls, let’s know what’s this policy is all about and how the purchase of SC/STs land can not only protect them from exploitation but also help these communities get the genuine prices for their land, if properly implemented.

What Does SC/ST Land Purchase Policy Proposes?

Direct Purchase by the State: 

Odisha plans to buy land from SC/ST landholders during distress sales, such as for weddings, medical treatment, or children’s education, so they don’t have to resort to undervaluing or selling to coercive buyers.

Corpus Fund and Oversight Committee: 

A dedicated corpus fund will finance these purchases, and a high-level government committee, including top revenue and tribal welfare officials, will consult stakeholders like tribal groups and political parties before ironing out implementation details.

Retention & Resale Rights:

The state will hold acquired land for 2–3 years. Owners can buy it back at the original price during that period. If not reclaimed, it will be auctioned exclusively to SC/ST members, thereby keeping land within the community.

Why It’s Needed for Odisha?

Exploitation by Powerful Buyers:

There are reports of SC/ST land being sometimes sold under pressure to influential non-tribals, often at bargain prices, leaving their families landless.

Emergency-driven Sales:

Around 85-90 % of distress sales by SC/ST households are arguably coercive, not voluntary, prompting a need for state intervention.

Legal Support Structure:

The Odisha Land Reforms Act (1960) already restricts transfers of SC/ST land to outsiders, requiring sub-collector approval. However, its enforcement has been allegedly weak leading to exploitation of the tribal people.

SC/ST Land Purchase Policy: Potential Legal and Procedural Hurdles

Identifying Genuine Distress Sales:

Distinguishing forced or coerced sales from voluntary ones requires clear criteria and verification, else the state risks buying land that wasn’t actually at-risk.

Title Verification and Compliance:

Ensuring clean, litig-free land titles, already a challenge in Odisha, could delay purchases or prompt future disputes.

Overlap with Forest and Tribal Laws:

Tribal land and forest rights protected under the Forest Rights Act (2006) require Gram Sabha consent and recognition, complicating the entire acquisition process.

SC/ST Land Purchase Policy: Potential Administrative Issues

Effective Oversight:

Monitoring distress sales across the state demands coordination among district collectors, sub-collectors, revenue, welfare, and tribal authorities, often allegedly inconsistent in execution.

Corpus Fund Management:

The fund must be sustainable, transparent, and timely, especially if numerous families need urgent support.

Preventing Misuse:

Oversight mechanisms must guard against fraud, like insiders orchestrating fake distress sales to access the corpus or inflate land values.

SC/ST Land Purchase Policy: Financial & Social Constraints

Resourcing the Corpus:

Budgetary allocations must account for land market variability; price surges could strain finances.

Opportunity Cost:

Land bought but unclaimed within 3 years might yield lower returns at auction, reducing funds available for reacquisitions.

Mistrust Among Communities:

Tribal groups wary of past land-loss experiences may distrust government schemes unless the process is transparent and inclusive.

Fear of Expropriation: 

Some community members may worry that purchases might inadvertently rob them of cherished ancestral land.

Moreover, Odisha’s history of land conflicts, such as the POSCO and Vedanta cases, indicates how land recovery and acquisition schemes often face court battles.

Potential Measures For An Effective SC/ST Land Purchase Policy

- Clear guidelines on board-certified distress sales; Gram Sabha integration; fast-track title verification.

- Transparent disbursement; independent audit; sustainability modeling.

- District task forces; digital tracking; grievance redress through collectors/tribal bodies.

- IEC campaigns; local advisory councils; Gram Sabha arbitration.

- Cross-party consensus; time-bound pilot schemes; legislative backing to reduce politicisation.

Therefore, no doubt, the BJP government’s ambitious move to preempt exploitation of SC/ST landholders via state purchases is praiseworthy, but it’s complex too. To turn the law into reality, the state will have to navigate legal intricacies, institutional bottlenecks, financial viability, socio political mistrust, and of course, judicial risks. 

With inclusive design, strong administrative backing, transparent processes, and Gram Sabha empowerment, Odisha government’s SC/ST Land Purchase Policy could evolve into a transformative model, bolstering tribal land rights and protecting the vulnerable while upholding constitutional safeguards.