NCST urged to axe 'illegal claims' on tribal lands
Source: Chronicle News Service

Imphal, June 30 2025: Kuki Organisation for Human Rights Trust (KOHUR) has submitted a memorandum to the National Commission for Scheduled Tribes (NCST), seeking urgent intervention to nullify what it terms as "systematic and unlawful occupation and transfer of tribal lands by non-tribal persons", particularly Meeteis, in the hill areas of Manipur, including Churachandpur, Kangpokpi and Moreh in Tengnoupal district.

The representation submitted on Sunday to the NCST chairman called for immediate action to protect the constitutional rights, land ownership and cultural identity of the Scheduled Tribes in the state.

The organisation stressed that despite clear legal safeguards, tribal lands are increasingly falling into the hands of non-tribals through mechanisms that violate the law and constitutional spirit.

KOHUR drew particular attention to Section 158 of the Manipur Land Revenue and Land Reforms (MLRLR) Act, 1960, which states that no transfer of land by a tribal to a non-tribal is valid unless the DC grants prior permission, and even then only if it is in the interest of the tribal.

"The memorandum pointed out that members of the Meetei community, who are not ST, are therefore not legally permitted to acquire or hold land in the hill areas without strict statutory exemptions," it said.

Referring to the constitutional and legislative framework that governs the tribal districts, particularly the Manipur Legislative Assembly (Hill Areas Committee) Order, 1972, and the Manipur (Hill Areas) District Councils Act, 1971, it said that these instruments mandate special administrative procedures and legislative oversight for the hill areas.

KOHUR claimed that any deviation from this structure amounts to a violation of both statutory safeguards and the broader constitutional mandate for tribal self-governance.

The representation cited Article 46 of the Indian Constitution, which directs the state to promote the educational and economic interests of STs and protect them from exploitation, and invoked the 1997 Supreme Court judgment in 'Samatha v.State of Andhra Pradesh', which upheld the inviolability of tribal land rights and emphasised that even state action must not breach protective frameworks.

While that judgment pertained to 5th Schedule areas, KOHUR argued that the principle of protecting tribal lands applies equally to Manipur, which has its own protective mechanisms.

On the ground, KOHUR claimed that tribal districts are witnessing a rise in illegal encroachment by non-tribals.

In Churachandpur, "benami transactions and informal settlements by Meeteis are reportedly expanding" .

In Kangpokpi, lands along the National Highway and economic corridors are allegedly being acquired informally or forcibly settled by non-tribals, taking advantage of what KOHUR called a vacuum in enforcement.

In Moreh, a strategic border town, demographic changes are being allowed through calculated non-tribal settlements, often with tacit official support, the memorandum claimed.

KOHUR alleged that these violations are not isolated administrative failures but part of a broader, politically motivated effort to undermine tribal autonomy and land ownership.

It accused the state of selectively applying forest and revenue laws to evict tribal settlements while ignoring or even enabling illegal non-tribal encroachment.

It also pointed to what it described as the "weaponisation of state machinery - police, bureaucracy, and administrative bodies - to criminalise tribal voices and suppress dissent, including internet shutdowns and harassment of human rights defenders" .

KOHUR submitted three main appeals to NCST .

First, it urged the Commission to launch a fact-finding investigation and recommend that all land transfers made in contravention of Section 158 since the enactment of the 1960 law be nullified.

Second, it asked for a comprehensive land audit in the hill areas and a moratorium on further transactions involving non-tribals until proper corrective measures are implemented.

Finally, the organisation called for the extension of protections equivalent to those under the 5th Schedule to Manipur's Hill Areas and requested that NCST use its constitutional authority under Article 338A to raise the issue before the President and Parliament.

Tribal communities of Manipur, who have historically lived in harmony with nature and upheld their cultural heritage, now face a crisis of survival and identity, the memorandum stated and urged NCST to act as the constitutional guardian of tribal rights and restore justice in the face of what it described as a "coordinated assault on the integrity of tribal lands and communities" .

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