Indians can now buy land in J and K, but why not in NE ?

    29-Oct-2020
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Guwahati, Oct 28
On a day when the Union Government paved the way for Indians outside of Jammu and Kashmir to purchase land in the Union Territory by amending several laws a year after the abrogation of Articles 370 and 35A of the Constitution, a major part of the North East still continues to be under the Sixth Schedule of the Constitution.
Non-tribal people and outsiders can’t buy any land under Sixth Schedule areas and there are different Statewise provisions in the North East.
The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram under Article 244 of the Indian Constitution.
On the other hand, Mizoram and Nagaland (excluding Dimapur) are protected by Article 371G and 371A of the Indian Constitution and ownership rights of land are reserved for indigenous people and there are Inner Line Permit (ILP) provisions in many States of the region.
The Sixth Schedule within the Constitution of India allows Autonomous District Councils (ADCs) to make laws forbidding outsiders from buying tribal land.
The provisions under Articles 371A for Nagaland and Article 371G for Mizoram have given special powers to reject any new Acts of Parliament unless accepted through a resolution passed by the State’s legislative Assembly and protect the ownership of their land, customs and religion.
Inner Line Permit (ILP) is applicable in Mizoram, Nagaland and Arunachal Pradesh under the Bengal Eastern Frontier Regulation of 1873, by which citizens from the other parts of India have to take permits to enter these States to check influx and outsiders can’t buy land in the Sixth Schedule and other tribal areas such as in the hills of Manipur.
Meghalaya Deputy Chief Minister Prestone Tynsong said that, in Meghalaya, there are Sixth Schedule and non-Sixth Schedule areas.
“In the non-Sixth Schedule areas including parts of State capital Shillong and some plains area of Garo Hills area and there are some provisions for the non-tribal people to buy land, but some conditions will be applicable,” Tynsong said.
In Assam, there are various areas are under Sixth Schedule areas and many areas fall under the tribal belt where non-tribal people can’t buy land. There are three Autonomous Councils under Sixth Schedule of the Indian Constitution - Bodoland Territorial Council, Dima Hasao Autonomous District Council and Karbi Anglong Autonomous District Council.
Apart from these, Assam has 17 tribal belts and 30 blocks in the districts of Tinsukia, Sonitpur, Nagaon, Morigaon, Lakhimpur, Kamrup, Kamrup (Metro), Goalpara, Dhemaji, Darrang, Bongaigaon and four districts under the Bodoland Territorial Council (BTC) where non-tribals have been barred from buying land. But there have been many allegations made by different tribal bodies of the State that a large portion of land under the tribal belt and blocks has been encroached and purchased by non-tribals by using forged documents.
In 2019, the Assam Government had adopted a new land policy by aiming to safeguard the interest of the indigenous people of the State. Since Independence, Assam has had four land policies in 1958, 1968, 1972 and 1989.