Shyama Prasad Rout									1999
Centre for Political Studies
School of Social Sciences
Jawaharlal Nehru University
New Delhi - 110067.

LAND ALIENATION AND TRIBAL PEOPLE'S RIGHTS:
A CASE STUDY OF MAYURBHANJ DISTRICT IN ORISSA

(RESEARCH PROPOSALS FOR Ph.D.)

	Tribal  people's rights being a part of the broad human rights  phenomena has  acquired significance in recent times. As human beings the people who  live in  tribal  lands  acquire a similar set of rights like others. Being  citizens  of  the country   they  are  entitled  to  a  number  of  privileges  as  well.   From   time immemorial   there   have   been   violations   of   their   fundamental   rights.   In contemporary  society  the  state  comes  to  their  rescue  to  some  extent.  The increasing  awareness  of  the  concept of human rights  under  the  aegis  of  the UNO, world media, NGOs etc. proves beneficial to the victims.
	Human  rights  are  those  conditions  which  are  inherent  to  nature  and without which one can not live as a  human being. These rights and  fundamental freedoms allow one to develop fully and use one's human qualities,  intelligence, talents and conscience to satisfy one's spiritual, physical, social and other needs. They are based on human kind's increasing demand for life in which the inherent dignity and worth of each human being will receive respect and protection.
	Human rights constitute a variable category as is adequately demonstrated by  the  history  of  the  last  few centuries. The  list  of  human  rights  has  been modified  and  continues  to be modified  in  changing  historical  circumstances. Thus  rights  may  not  be  fundamental by  nature.  That  which  appears  to  be fundamental  in a given historical era or civilization is not fundamental  in  other era or civilization. Since the time of Hobbes and Locke, liberal political theorists have   made  it  their  primary  purpose  to  explore  relationships   between   the individual and the State..lh9
	It  is not enough to think in terms of two level relationship, the  individual at  one  level  and  the State at another nor is it enough  if  the  nation  is  added. Considering  the  heterogeneity  of mankind and of  the  population  of  virtually every  existing  State  it  is also necessary to  think  of  ethnic  communities  and certain other kinds of groups, and to include them among the kinds of rights  and duties bearing units whose inter relationships are to be explored.
	Rights that belong to individuals may go the them either as human  beings or   as  members  of  a  group.  The  Universal  Declaration  of  Human   Rights enumerates  rights of the first sort ; they go to, "everyone....  without  distinction of  any  kind,  such  as race, colour, sex, language,  religion,  political  or  other opinion, national or social origin, property, birth or other status".
	With   regard  to  the  legal  rights  of  groups,  ethnic   communities   are sometimes  treated  as  political units within  countries,  both  through  territorial delimitations and through the use of separate electoral rolls. Ethnic  communities in  many  countries are differently treated with respect to rights of  property  and residence;  it  is not only a question of territorial reservation for  the  indigenous but  also  a  question  of special measures designed to make  it  possible  for  the communities  to  preserve  their  distinctive identify.  In  case  of  less  advanced groups  that have  suffered discrimination, it is now not uncommon to give  them a  right to expect special measures (affirmative action) designed to promote  their quality, e.g. in the educational and economic realms.
	Human    rights   are   often   held   to   be   inter-related   and    mutually complementary.  According to this view the 'first generation,' civil and  political rights  form  the  bedrock of 'second generation' economic,  social  and  cultural rights,  while  collective and solidarity rights, such  as  the  evolving  indigenous rights  constitute a 'third generation' of human rights. Further human  rights  are often  said  to be compatible with the rule of law and  representative  democracy. As  per  Stig Toft.  Madsen's  (State, society and Human rights  in  South  Asia) hypothesis, "some instances of human rights do not form an integrated whole but are rights in intergenerational conflicts."
	The conflict according to Madsen is between the presently dominant  'first generation', civil and political rights professed and guaranteed by a liberal  State accepting  the  ideals  of democracy and rule of law and the rights  of  legal  and political,   cultural  and  economic  autonomy  enjoyed  by  tribal   groups.   The outcomes  of the conflict between the two incongrous orders of rights has been  a working understanding  or compromise. While this  compromise has  guaranteed the  survival  of tribal cultures, it has also meant that the tribal in  question  have been  denied  many  of the rights enjoyed by others. So the question  is  how  the tribal  autonomy or collective right to autonomy including legal  autonomy  have circumscribed first generation rights, democracy and the rule of law.
	The  recent  international thinking on indigenous rights is  exemplified  by the draft of Universal Declaration on the rights of indigenous peoples. According to  this  draft,  "indigenous  people  have  the  right  to  participate  fully  in   the political,  economic,  social and cultural life of the state while  maintaining  their distinct political, economic social and cultural characteristics".
	The   Rio  de  Janerio  Declaration  on  Environment   and   Development, adopted  on 14th June, 1992 by the United Nations conference  proclaims  that  states  should  recognize  and   duly   support indigenous peoples' identity, culture and interest and enable their participation in the achievement of sustainable development.
	Indigenous  people  and their communities have an  historical  relationship with their lands and are generally descendants of the original inhabitants of  such lands.   They   have  developed  over  many  generations  a   holistic   traditional knowledge  of their lands, natural resources and environment. According  to  the Rio   Declaration,  they  shall  enjoy  the  full  measures  of  human  rights   and fundamental  freedoms  without  hindrance  or  discrimination.  Their  ability  to participate  fully in sustainable development practices on their lands have  tended to be limited as a result of factors of an economic, social and historical nature.
	The  International  Labour  Organisation also in its  convention  No.  169, year  1989,  on  "Indigenous and Tribal  Peoples",  suggested  that  governments must   consult  with  indigenous  and  tribal  peoples  within  their  countries   on development projects and other activities effecting them.  It provided for  respect for  their  land  rights.  This right include protection of their lands  and  right  to refuse  displacement  form  their lands except in  exceptional  circumstances  and against compensation.
Tribal Rights in India :- 
	At   the  time  of independence the Indian  Government  inherited  a  large tribal population.  The Govt. of India has made a number of plans to protect  the rights  of the tribals and to integrate them into national  developmental  planning.  The  Minority  Commission, the National Human Rights  Commission  etc.,  are there  to prevent atrocities against them and to bring their plight to national  lime light.   Above  all,  in  the  Constitution of India the  rights  of  the  tribals  were explicitly recognized and clauses were included to permit positive  discrimination in their favour.
	But  the  evaluation reports have pointed out that these  special  provisions have so far failed to bring about any positive gains to the tribal population.  As per the   Planning   Commission   Document  1973,  "Reviewing   the   policies   and programmes  of  the proceeding Five Year Plans we are of the  opinion  that  the efforts so far made for social and economic development of the scheduled  tribes have  not  brought  an appreciable change in their condition."   There  can  be  a number of explanations for the failure of the governmental programmes for tribal development. However, the oppression and appropriation of the tribal people by the  economically  and  politically  more  powerful  groups  have  led  to   tribal movements  or  tribal  unrest.  For instance, the Santal rebellion,  the  revolt  by Birsa  Bhagwan, the Praja Mandal Movement,  the Tana Bhagat Movement,  the Naxalbari  Movement,  the  Jharkhand Movement etc., are  all  attempts  by  the tribal people to shake off the yoke of exploitation.
	In  recent  times  the traditional territories of the tribal  people  have  been subjected  to  incursions.  Their lands are taken away in the  name  of  economic advancement   of   the   country.    But  in   return   they   receive   landlessness, impoverishment  and  long term degradation of the environment  on  which  they totally  depend.   For almost two centuries now, tribal communities,   like  many other  non-tribal peasants and forest dwellers, have been witness to  the  collapse of  their  multiple relationship with the land, the forest  and  among  themselves.  The  basis  of  their  cultural  ethos, their  systems  of  meaning  have  faced  the collective unslaught of outsider exploiters, the disruptive impact of  proselytizing Christianity,  and  of  foreign models of economic betterment  which  have  been conceived  without  their  participation and implemented  without  their  consent.  Laws  like  Land  Acquisition  Act  and  the  Indian  Forest  Act   legitimise  the continuing  decline in access and control over forest resources that are  the  basis of their subsistence economy.
	Initiatives from the Bharat-Jan-Andolan,  Shosit Jan  Andolan, the  Indian Council  of Indigenous and Tribal Peoples, Adivasi Sangamams in  South  India, PUCL,   PUDR   etc.,   are  indicative  of  these  modest  attempts   to   raise   - fundamental  issues  and  define  an  alternative  political  agenda  that    frontally challenges the institutions and structures of our bourgeois democracy.
State Policy and the Tribals :-
	The  edifice  of  colonial  forestry was  inherited  by  the  Government  of Independent  India  and  immediately  put to work in the  service  of  the  State's primary  goals  of  repaid  industrialization.  The  National  Forest  Policy  1952 underlies continuity of the colonial policy.  It reinforced the claim of the State to exclusive control over forest protection and production.  Significantly this policy identifies shifting cultivation as one of the main threats to State forestry.  But  in turn   this  affects  the  basic  rights  of  the  tribals  to  be  dependent  on   forest resources.   Hence,  many  tribal groups mounted a  sustained  challenge  to  the continuing  denial  of  their  rights.   The  Khanwar  tribes  of  Madhya   Pradesh protested  in 1957 against revenue collection and called upon the people  to  defy forest  laws which violated their customary rights.  Their slogan, "Jangal  Zamin Azad  Hai",   (forest and land are free gifts of nature)  succinctly  expressed  the opposition  to external control and commercial use.  Another concept of  conflict is  the  'Contractor  System' which is the modus operandi  of  forest  working  in India.   The State's unwillingness to replace the contractor system has given  rise to   militant movements.  Naxalite movement is one of the results of this type  of exploitation.

Process of Depeasantization and Land Alienation :-
	An  overwhelming majority of the tribals are agriculturists.   They  owned the  land  in  their own rights.  Their entire life process was  centered  and  built upon two major means of production i.e., the forest and the land.  To understand the dynamics of land problem in the totality,  one needs an understanding  of  the logic  of  the underlying forces that govern its ownership  pattern.   The  specific economic  form  in  which  unpaid surplus labour is  pumped  out  of  the  direct producers,  determines  the  relation  of the rulers  and  the  ruled.   Hence  land problem of a particular area has to be understood from its historical  perspective.  Historical  evidences are ample which proves the conception of  depeasantization as  a net result of the uneven structural changes that have taken place  from  time to  time due to the commoditization of the tribal economy in which land  plays  a critical and predominant role.

Land Alienation as a Concept :-
	As per Marx, in a Capitalist society an alienated man lives in an  alienated nature  and he performs estranged labour and the product of his labour  becomes alien  to him.  Alienation as a concept is used by many social scientists in  India, merely  as  a sociological phenomenon.  Since land alienation is the crux  of  the depeasantization  of  the  tribals, the concept assumes utmost  importance  in  the analysis  of  tribal  rights as a part of human rights discourse.   The  problem  of  land   alienation   is   a   much  deeply  connected   phenomenon   with   full   of contradictions  related  to the existing socio-economic order.  The  separation  of land from the tribal communities can be understood in a more scientific way with the assistance of the theoretical formulations of the concept of alienation.
	Alienation  was defined by Hegel and was used by Marx to  describe  and criticise a social condition in which man far from being the active initiation of the social  world  seemed more a passive object of  determinate  external  processes.  Marx   says,   alienation  is  fundamentally  a  particular  relation   of   property, involving involuntary surrender to autagonistic 'other'.  Alienation is inherent  in exploitative relations of production and its nature varies with that of exploitation.  Hence  alienation's manifestations also differs among societies based on  slavery, serfdom and capitalism etc.  Thus the concept of alienation may be interpreted to understand  a specific problem of the tribals where land becomes  the  primordial source  of exploitation and results in the creation of a society where  exploitative production relations exit.

Violation of Land Rights :-
	The  question  of  land  is not just result of the  existing  situation  but  its origin may be traced to the periods of deprivation of tribal lands  or to periods of the  withdrawal  of  their  rights  to  exploit  forest.   Gradually,  due  to  various structural  changes  within  and  outside the tribal  systems,  the  more  advanced groups  forced  the  tribals either to retreat to the nearest  jungles  or  to  become landless  labourers.  Though land is the only source of their livelihood,  as  their other assets being extremely meagre, tribals were severally deprived.   Basically, moneylenders,  traders,  the feudal lords, or the rich peasants exploit  the  tribals most.  It is an established fact that there is a large scale alienation of lands which belong to the tribes and grabbers invariably in all cases are the non-tribes.   This phenomenon   has  further  been  ruined  by  the  emergence  of  new  forces   of production.  Commenting on this, the National Commission on  Backward-Areas Development  (1980)  says,  "In  a number of areas  new  industrial  and  mining complexes,  many  major  irrigation  projects  were  located  in  the  tribal  areas resulting in the submergence of extensive lands belonging to the tribals".
	Also  in  the operations of denudation of forest on a  massive  scale  tribal labour  had  been used to a great extent to clear off the forest area  which  was  a method  of  the  land lords to alienate the tribals from the  forests.   This  further widened  the gap between the tribal landless and landed gentry of  the  non-tribal communities.
	Commenting   on  the  problem  of  land  alienation  in  tribal  areas,   the Committee  on  Plan Projects, Planning Commission, presented a  report  on  the Tribal  Development  Programmes  in 1969.  The committee  noticed  that  tribal lands  in  many areas passed into the hands of non-tribals, the  legal  prohibitions against  such  transfers  notwithstanding.   Sample  studies  in  Andhra  Pradesh, Orissa and some other States have shown that transfers have taken place on large scale  without  the permission of the collector or other  competent  authorities  as required by law. The  loopholes were exploited by the money lenders and  others and they continue to circumvent the legal provisions by entering into 'benami' or other   clandestine   transactions  with  the  native  tribals.   The   impotency   of legislation  to  arrest this growing menace to the economic  advancement  of  the tribal in such a situation is thus obvious.

Forms of Land Alienation :-
	The   first   and   foremost  is  the  manipulation  of   land   records.    The unsatisfactory  state  of  land  records  contributed a lot  to  the  problem  of  land alienation.   The  tribals  were never legally recognized as  owners  of  the  lands which they cultivated.
	The  second form of land alienation is reported to have taken place due  to 'benami'  transfers.   The report of the study team of the Union  Home  Ministry (May  1975) pointed out that large scale transfers of ownership of  the  Adivasis' lands   are   being  allowed  to  go  out  of  hands  through  illegal   and   benami transactions,  collusive civil proceedings etc., in which land remains to be in  the names of the original owners who are reduced to the level of share croppers.
	Another  form of land alienation is related to the leasing or mortgaging  of the  land.  To raise loans for various needs the tribals have to give their  land  as mortgage to the local moneylenders or to the rich farmers.
	Encroachment  is  another form of dispossessing the tribals of  their  lands and this is done by the new entrants in all the places where there were no  proper land  records.   Bribing the local Patwari for manipulating the date of  settlement of land disputes, ante-dating etc., are resorted to claim the tribal lands.
	Concubinage or marital alliance is another form to circumvent the law and grab tribal lands at no cost at all.
	Fictitious  adoption of the non-tribals by the tribal families is also  another method to snatch the lands of  the tribals.
	Also  the  slackness  in  the implementation  of  the  restrictive  provisions encourages the non-tribals to occupy the tribal lands.	Lands alienation which takes place in various ways has assumed  alarming proportion  threatening  the  right  to life of the  tribal  population.   Though  the problem  lies  elsewhere,  it  is  being  unfortunately  always  interpreted  as  the handiwork  of certain individuals like the moneylender, traders, land  lords,  etc, without    understanding   the   class   connection   of   these   individuals.   The unsystematic  land records of the pre-colonial and colonial periods was  followed by the present State.  There was collection of 'taxes - (a strange phenomenon for the natives and it was the beginning process of alienation) in the tribal areas.
	In  the  name of protecting the interest of the tribals  stringent  laws  were enacted  by  the  government  but  the  non-tribals  found  the  loopholes  to  their advantage.   This double edged nature of State policy in one of the facets  of  the existing   contradictions  in  the  Indian  Tribal  Society.   The  process  of   land alienation  is  not  an accidental one, but it has arisen  because  of  the  concerted efforts  of  the  antagonistic class interest that are operating  in  the  tribal  areas.  This  is  not  just migration of the non-tribals into tribal areas  rather  there  is  a history behind this migration and the State has supported the migrant  non-tribals to the settle down in the tribal lands.
	However,  being the natural owners of forests and its adjoining  lands  the tribals are being deprived of their rights to own them.  They have been relegated from  their  earlier  'self-reliant' status to a 'dependent' one.   Coupled  with  the exploitation  by the non-tribals, the State legislations also proved  detrimental  to their  interests.   Therefore to understand the root causes of  the  land  alienation process   of  the  tribal  communities  its  relationship  with  the  changes   in   the socio-economic structures have to be understood properly.

Case Study of Mayurbhanj District in Orissa :-
	Orissa  occupies a special position in the tribal map of India.  In the  State the  Scheduled Tribes Constitute 22.21%.  There are 62 different types of  tribes in the State.  Mayurbhanj is one of the most tribally dominated districts, lying  at the  Northern  border  of  Orissa.  This district was formed in  1949  out  of  the ex-State  of  Mayurbhanj.  The percentage of Scheduled Tribes in the  district  in nearly  58.56%.  The district is extremely important from  anthropological  point of  view.   It is inhabited by almost all the important tribes found  in  the  eastern region  of  India through it is a fact that only a few of them have  a  concentrated settlement  here e.g. the Santals, Hos, Bhunyas, Bhumijas, Bathuris  and  Gonds etc.   The  basic tribal population of the district is therefore formed by  these  six principal tribes.
	As  it  has  happened  in other tribal parts of this  country,  the  tribals  of Mayurbhanj  are  also not spared off.  Land alienation is rampart  here.   Due  to poor   economic  conditions  and  illiteracy  the  tribes  have  not  been  able   to understand  the vicious circle thrown by their non-tribal exploiters.   The  Tribal Research  Bureau  conducted  surveys  and  studies  to  analyze  the  relationship between  the  tribals  and  non-tribals who settled down  in  tribal  areas  e.g.  an untouchable  caste,  Dom  and Pano, the first non-tribals to  settle  down  on  the hills,  live in intimate relationship with the Kandhas and Saoras of South  Orissa.  Similarly milkmen oilman and others live with  the Juangs and Paudi Bhunyas of North  Orissa.   Many  researchers  put this relationship of  the  tribals  with  the non-tribals  as  parasitism  but sometimes a symbiotic relationship is  also  found between them.	Indebtedness among the tribals is a chronic malady.  Schemes by the State Government  have been bogged down in bureaucratic red-tapism.   According  to the Tribal Research Bureau the original purpose of these schemes is lost sight of. The  two  major  steps by the Govt. of Orissa to prevent  land  alienation  of  the tribals are,
(i)	Orissa   Scheduled  Areas  Transfer  of  Immovable  Property   (by   STs) Regulation,  1956,  provides  for  the control and  check  of  the  transfers made by the scheduled tribes to the non-scheduled tribes in the  Scheduled Areas.
(ii)	Also  outside  the  Scheduled Areas, alienation of  land  of  the  scheduled tribes has been restricted under Orissa Land Reformed Act, 1960.
	Though  Mayurbhanj possesses enormous forest wealth,  the tribal  people have no freedom to enjoy its benefits.  Even for making agricultural  implements they  have to seek permission of the authorities.  Permission to cut fire  wood  is available on payment of a stipulated amount. Sardari system of collection of land revenue  gave enough scope for the feudal practices to survive.  In  the  Colonial revenue    administration    Sardars,   Tehsildars   and   Lakrajdars    were    the intermediaries.   Notwithstanding  various  welfare measures  introduced  by  the Colonial  Government,  there  seemed  to  be  a  deep-seated  unrest  among  the peasants of Mayurbhanj which provided congenial atmosphere for the growth  of Prajamandal Movement during 1930s and 40s.
	The  tribal  composition of Mayurbhanj is another important aspect  of  its history.  The tension between the tribals and non-tribals often resulted in  violent outburst  leading  to direct intervention by the Govt.   The Kol  insurrection  and the  Bamanghaty  disturbances were instances which speak of  tribal's  refusal  to accept a alien system.
	However,  in  order  to  understand  the  present  tribal  problem  of   land alienation  in  Mayurbhanj  a  general background of  the  land  structure  of  the district  is to be analyzed starting from the pre-colonial phase.  Also  an  analysis is to be made to understand the changing pattern of the land structure in Orissa's plains  and  its  effect  over the neighboring forest regions that  lead  to  the  fast depeasantisation of the tribal communities.  As this depeasantisation has emerged as  a  criteria  of  the  class antagonisms, its effects are  to  be  examined  in  the district.   Above  all,  the failures of State Govt.'s policy and the  result  of  such failures are to be found out.
	However,  there  is  an  imperative to project  the  land  alienation  of  the tribals  as human rights violation and to bring to attention of the  government  as well  as  non-government  agencies.  Nowadays the awareness  of  human  rights brings  about a certain awakening and often generates courage of tribals to  stand up  for their own rights.  As far as the concept of tribal rights are concerned  the challenges  are  to make the tribals aware of judicial systems,  prepare  them  for political   participation,   create   opportunity  for  equality,   prepare   them   for self-governance to guarantee rights to traditional natural resources, provide them land rights etc.
	Also  the Tribal - Sab-Plan, the Bhuria Committee Recommendations,  the Constritution's  73rd  and 74th Amendments etc., are the  recent  endeavours  by the State to remove socio-economic backwardness of the tribal population and  to integrate them into the national mainstream of development and progress.  .lh8.8

Survey of Literature :-
	Land Alienation in Tribal Areas
	B. Janardhan Rao,
	Kakatiya School of Public Administration, Warangal 
	(A.P), India, November, 1987.

	This  book  written by B. Janardhan Rao in based on empirical  studies  of tribal  areas in Andhra Pradesh, particularly of Warangal district.  Very aptly  he discusses  the  concept  of alienation in the beginning.   Starting  from  Hegel  to Marx he points out the structural functionalist approach to it.  Then he  gradually proceeds  to examine the existing land laws and administrative  arrangements  of Andhra  Pradesh Govt., as far as the tribal areas are concerned.  The process  of depeasantisation has also been highlighted.  He identified the agents who reign in the regime of exploitation in tribal areas.
	Though he has pointed out the causes of land alienation yet he fails to give possible  solutions  to  prevent  it.  Moreover, he has not  dealt  with  the  bigger aspect  of  human  rights  violation  of the tribal population  as  a  result  of  land alienation.
Encroached and Enslaved
Philip Viegas,
Indian Social Institute, New Delhi, 1991
	This  book  deals with the land alienation of the tribals and  its  impact  on their  socio-economic structures.  Starting from agrarian changes, the author  has properly  delt  with the extent of land alienation and the processes that lead  it  to happen.   As  far as sampling is concerned he has taken four  districts  of  Orissa namely Ganjam, Dhenkanal, Koraput and Phulbani.  For this empirical study  he took  assistance  from the local NGOs operating in these areas.  It  is  significant that he has given suggestions towards a people's solution to the problem.
	However,  this study is more of an anthropological in nature and does  not deal  with tribal people's rights as such.  It hardly associates the  land  alienation problem with other socio-economic issues.  The question of rights and privileges of the tribes are also not fairly dealt with.

Objective of the Study :-
	As  the basis of the study is land alienation in Tribal areas, the focus  will be  on  its causes and the processes that lead to it.  There shall be an  analysis  of indigenous  and  tribal peoples rights at the international level, especially  at  the United  Nations  Organization.  There shall be an endeavour to  relate  the  tribal peoples' basic rights to the human rights discourse.  At the national level,  policy announcements,  statements,  documents highlighting  government  policies  with respect  to forests and prevention of land alienation is to be analysed.   However, particular focus will be on the policies of Govt. of Orissa towards the prevention of   encroachment   in  tribal  lands.   Starting  from  the   conceptual   level   of 'alienation'  to  the  land  rights  of  the tribals  are  to  be  given  importance.   A general  background  of the land structure of Mayurbhanj district,  starting  from the pre-colonial phase is to be examined to find out the discrepancies against  the tribal population.  The changing pattern of land structure in plains and its impact on the tribal lands is to be highlighted.  Also the process of land alienation which leads to depeasantisation among the tribals is to be examined with its causes  and effects.   However, throughout the study there shall be an attempt to  project  the process  of  land  alienation among tribals as violation of land  rights  as  part  of tribal people's rights.

Hypotheses:-
1.	The  concept  of  'alienation'  is  fundamentally  a  particular  relation   of property.
2.	Land  alienation is not a mere 'structuralist-legalist' phenomenon rather  it is related to the existing socio-economic order.
3.	Land  alienation  gradually  leads  to depeasantisation  of  the  tribals  and hence violates their basic rights to life.
4.	The dynamics of tribal land problem is related with the ownership  pattern in adjoining plain lands.
5.	The  relationship of non-tribals with that of tribals is not of symbiosis  but of parasitism.
6.	Increasing   industrialization   in   the   tribal   belt   have   led   to    their impoverishment, displacement, alienation and violation of their rights.
7.	Unscrupulous  forest  policy  has led to pauperisation  and  violent  unrest among the tribal population.
8.	Decentralized  developmental process involving voluntary agencies at  the grass  root  level have made the tribals increasingly aware of  their  rights and privileges.

Tentative Chapterisation :-
1.	Emergence  of  human  rights as a global movement  and  indigenous  and tribal rights as a part of it.
2.	Alienation as a concept.
3.	Demographic profile of the tribes in Orissa.
4.	Land Alienation among the tribals in Mayaurbanj district.
5.	Govt. of Orissa's policies on Forest and Tribal Lands.
6.	Effects   of   land   alienation   and   depeasantisation   among   tribals   in Mayurbhanj.
7.	Industrialization and its effects on tribal people's rights.
8.	Conclusion.

Methodology :-
	The   present   study  of  land  alienation  and  tribal  people's   rights   in Mayurbhanj, Orissa is both explorative and analytical.  It is sought to  construct, through the analysis of primary and secondary data, the history of land alienation in  the  district and the reasons thereby.  The documents of  government  policies would  be analysed to find out the loopholes.  Proper sampling shall be done  in the  district  to verify the extent of land alienation.   Indepth  sample  interviews, questionnaire  and  field study in Mayurbhanj itself would provide  primary  data on which  this  whole research is based.  Published  works  by  eminent  authors shall also be consulted during the research.

SELECTED BIBLIOGRAPHY

Primary Sources

1.	Annual Reports of the NHRC, 1993-94 & 1994-95.

2.	Civil Rights : Past and Present, Calcutta, APDR, Publication (1986).

3.	District Gazeteer, Mayurbhanj Orissa, 1996.

4.	Documents of State Minority Commission, Orissa.

5.	NHRC Documents,  A  Guide  to the Protection  of  Human  Rights  Act, 1993.

6.	Workshop paper,   Indigenous   and  Tribal  Rights  in   the   Asia/Pacific Region.  Minority Rights Group, 1996, New Delhi.

7.	Govt. of Orissa's,  "The Orissa Scheduled Areas Transfer  of  Immovable Property (by STs) Regulation Act, 1956," and "Orissa  Land Reforms Act, 1960."

8.	Documents of Tribal Research Bureau on Orissa. 

9.	Documents of PUCL  &  PUDR  on  Human  Rights  Violation  in  Tribal areas.

Secondary Sources

Books

1.	Agarwal, R.S.   -  Human  Rights  in  the  Modern  World,  New   Delhi, Chetana Publication (1974).

2.	Bailey, F.G. - Tribe Caste and Nation : A Study of Political Activity  and Political   Changes   in   Highland   Orissa.    University    of Manchester Publication, Manchester (1971).

3.	Bardhan, A.B.,   The   Tribal   Problems   in   India.   Communist    Party Publication, Ajay Bhavan, New Delhi, 1973.

4.	Basu, D.D. - Human  Rights in Constitutional Law, New  Delhi,  Prentise Hall of India Private Limited (1994).
5.	Baxi, Upendra,   In-Human   wrongs  and  Human  Rights,   Har   Anand Publication, New Delhi (1994).

6.	_____ (ed)   The   Rights   to  be  Human,   New   Delhi,   Lancers International (1987).

7.	Bentham, David  (ed)  -  Politics and  Human  Rights,  Oxford  Blackwell Publication (1995).

8.	Bobbio, Norberto,  -  The Age of Rights, Polity Press  Cambridge,  U.K. (1996).

9.	Casser, Antari  -  Human Rights in Changing World,  Temple  University Press, Philadelphia (1990).

10.	Desai, A.R., Repression   and   Resistance  in   India,   Bombay   Popular Publication (1990).

11.	_____, Violation  of Democratic Rights in India,  Bombay,  Popular Publication (1986).

12.	Dube, S.C. & Ratna  Murdia  (ed) - Land Alienation  and  Restoration  in Tribal  Communities in India, Himalaya  Publishing  House, Bombay, 1977.

13.	Dworkin, R. - Taking  Rights Seriously (New imp)  London,  Duckwouth (1978).

14.	Gadgil, D.R. -  Human Rights in Multi-national Society, Poona,  Gokhale Institute of Politics and Economics (1986).

15.	Gupta, Vinay. K. - (ed.) Perspective in Human Rights, New Delhi, Vikas Publication House Private Limited (1996).

16.	Iyer, V.R. Krishna - Human Rights and the Law, Indore, Vedal Wadhawa (1984).

17.	Kothari, Rajani   -   State   Against  Democracy,  In   Search   of   Human Governance Delhi, Ajanta Publication (1988).

18.	Kothari, Smitu   &   Harsh,   Sethi   -   (ed)   Rethinking   Human   Rights Challenges  for  Theory of Action, New York,  Delhi,  New Horizons Press (1989).
19.	Kymlicka, Will   (ed.)   -   The  Rights  of   Minority   Cultures,   Oxford University Press, Oxford (1995).

20.	Madsen, Stig. Toft - State Society and Human Rights in South Asia,  Qun Manohar Publication, New Delhi (1996).

21.	Mohapatra, Sitakanta - Modernisation and Ritual : Identity and Change  in Santal Society, Oxford University Press, Delhi, 1986.

22.	Pandey, Ajit, K.  - Kinship and Tribal Polity A Comparative Study of  the Mundas  and  Oraons  of Bihar,  Rawat  Publication,  Jaipur (1989).

23.	Patel, M.L. - Changing    Land   Problem   of   Tribal   India,    Progress Publishers, Bhopal, 1979.

24.	Praharaj, D.M.  -   Tribal  Movements and Political Hisotry  in  India,  A Case Study from Orissa 1803-1949,  Iter-India-Publications, New Delhi, 1988.

25.	Rao, Janardhan. B. - Land Alienation in Tribal Areas, Kakatiya School of Public Administration, Wanamgal (A.P.), India, 1987.

26.	Roy Burman, B.K.  - Indigenous & Tribal Peoples : Gathering,  Mist  and New Horizon, Mittal Publishers, New Delhi, 1994.

27.	Shastri, S.S. (ed.)  -  Human  Rights  Perspectives  &  Challenges,   New Delhi, Lancers Books (1994).

28.	Singh, K.S. (ed.)  -  The  Tribal  Situation  in  India,  Indian  Institute   of Advanced Studies, Shimla, 1990.

29.	Singh, Nagendra  -  Human Rights & the Future  Mankind  Delhi,  Vanity Books (1981).

30.	Mendelsohn, Oliven  &  Upendra Baxi, The Rights  of  the  Sub-ordinated Peoples (ed.), Oxford University Press, Bombay, 1994.

31.	Veigas, Philip -  Encroached  and enslaved : Alienation  of  Tribal  Lands and its Dynamics, Indian Social Institute, New Delhi (1991).

32.	Vidyarthi, L.P.   (ed.),   Tribal   Development   and   its   Administration, Concept Publishing Company, New Delhi.
Articles

1.	Balagopal, K, "What is Socialist Freedom"? EPW, April, 16, (1992).

2.	Bana, J., "Western  Education  and  Rise of  New  Identity:  Mundas  and Oraons of Chotanagpur," EPW, April (1997).

3.	Banerjee, Tarun, Girijan Movement in Srikakulam, 1967-70, Society  and Change, Vol.1, No.4, July-September, 1980.

4.	Baxi, Upendra, "Sins of Commissions," Seminar, May, 1993.

5.	Bhagwati, P.N. "Dimension of Human Rights," Mainstream, March,  15, 1986.

6.	Bhowmick, P.K.,  "Tribes in the changing circumstances of  India,"  Man of India, March (1991).

7.	Chakravarthy, Nikhil,   "Human   Rights,   Basic   issues"    Mainstream, October, 1992.

8.	Chaudhari, Kaliyan,  Indebtedness Among Tribals, EPW, Vol.X,  No.47, November, 1975.

9.	Chiriyankandatta,   James,   'Human   Rights   in   India:   Concepts   and Contexts,' Contemporary South Asia, Vol.2, No.3, 1993.

10.	Dash, Tapan, R.,  "Inequality  in  Educatonal Development  of  Tribes  in Orissa"  Journal of educational Planning  &  Administration, January (1991).

11.	Dogra, Bharat  -  "Tribal Discontent : Timely Warning," EPW,  April  17 (1990).

12.	Ghosh, G.K., "Lodha   Tribes  of  Mayurbhanj  A  Case  Study,"   Khadi Gramodyog, August (1990).

13.	Haragopal G. &  K. Balagopal, "The state and Civil  Liberties  movement in  India on the last decade of the Twentieth century.   Paper presented    as   the   international   Workshop    on    "State Democracy and Social Movement," Delhi (1992).

14.	Howard, E. Rhoda,    "Cultural    Absolution   and    the    Nostalgia    to Community,"   Human   Rights  Quarterly,   Vol.15,   No.2 (1993).

15.	Human Rights: "Politics of Accountability," Seminar New Delhi,  No.405 (1993).

16.	Khanna, G.N. "Universal   Declaration   of   Human   Rights   and   Some Recenet  Policy Measures in India," Social  Action,  Vol.40, Jan-March (1990).

17.	Kothari, Rajni,   "Human  Rights  in  Search  of  Theory,  in   Rethinking Human   Rights   :  Challenges  of   Theory   and   Action," Lokayan, New Delhi, 1989.

18.	Kothari, Smitu,  "The  Human  Rights  Movement  in  India:  A   Critical Overview," Social Action, Vol.40, Jan-March (1990).

19.	Kulkarni, S.D.  - Alienation of Adivasi Lands - Govt. not  Serions  EPW, Vol.IX, No.35, August 31, 1974.

20.	Mohapatra, L.K.    -   "Development   for   Whom?   :   Developing    the Dispossessed Tribals," Social Action, July-Sep. (1991).

21.	Mohapatra, Shyam  Sunder  -  "Santals  in  a  Changing  World  :   Socio, Cultural   Study   of  the  Santals  of   Mayurbanj,   Orissa," Folklore, January (1991).

22.	Mukhoty, Govinda,   "Protection   of   Human  Rights   Act,   1993:   An Analysis,"  Mainstream, December 18,  Vol.XXXII,  No.5, 1993.

23.	Panda, P., "ICDS  in  Tribal  Orissa: A Case  Study,"  Indian  Journal  of Social Work, October (1990).

24.	Parasuraman, S,  "Economic  Rights  :  Development,  displacement   and Modernization, CHRI Workshop, New Delhi (1996).

25.	Rao, B.J., "Tribal  Struggles  in  India:  Organising  for  Change.   CHRI Workshop, New Delhi (1996).

26.	Rao, P., Venkata - "Liberalisation and STs: emerging Challenge,"  Indian Journal of Public Administration, July-Sep. (1996).
27.	Ray. Ashwini,  K. "Civil Rights Movements & Social Struggle in  India," EPW, Vol.20, No.28, July (1986).

28.	Reddy, B.R., "Language  and  Ethnic  Identity : A case  Study  of  Kondh Tribes," Asian Studies, April (1986).

29.	Roy, Biren, "In Defence of Human Rights,": EPW, February 8 (1997).

30.	_____, "Tribal Problem in India" Mainstream, January 20 (1990).

31.	Roy, Himanshu, "Tribal Society in Tranisition," Teaching Politics (1990).

32.	Sorabjee, Soli,   J,  "State  of  Human  Rights,"  Social  Action,   Vol.40, Jan-March (1990).

33.	Tarkunde, V.M,  "Human  Rights Commission :  A  welcome  proposal," Human   Rights   Year  Book,  Published   by   International Institute of Human Rights Society, 1993.

34.	____, "Philosophical   Background   of   Human   Rights,"    Radical Humanist, 52(10) Jan, (1989).

35.	Thakur, Ramesh,  "Human  Rights, Amnesty International and  the  UN," Journal of Peace Research, Vol.31 (1994).

36.	Tyagi, Yogesh.  K. "Human Rights in India; An Overview"  International Studies, Vol.29, No.2, April-June (1992).