While the JMM chief and Leader of Opposition Hemant Soren announced holding of a three-day “fight to finish” statewide agitation against the amendments, AJSU, ally of the ruling BJP made it clear that it was not a party to the move to 'tamper' with Chotanagpur Tenancy (CNT) Act and Santhal Pargana Tenancy (SPT) Act. AJSU chief Sudesh Mahto said that a legislature party meeting would be held within a couple of days to decide on their strategy.

The way the things are taking a shape, it is explicit that move of the Raghubar government to amendment the Acts will backfire on the government and the BJP. Opposition leader Babulal Marandi said that the state government had become adamant and wasn't paying heed to public sentiments. The two Acts bar selling of land belonging to state’s tribal and indigenous people — including members of the scheduled caste (SC) and other backward class (OBC) to “outsiders.” Tribal constitute 26 per cent of the state’s population.

Before JMM MLAs Joba Manjhi (Manoharpur) and Dipak Birua (Chaibasa) quit the 19-member council an AJSU MLA had put in his papers in the first week of November from the council further widening fault lines within the ruling NDA. Vikas Kumar Munda (Tamar) quit a day after the council, headed by Das, ratified the proposed amendments to the two acts.

Undeniably the BJP government in Jharkhand was pursuing a divisive policy by bringing amendments to the century-old land tenancy acts. He opposition allege that the TAC was being misused to push the government's selective agenda and help the industrialists and big business acquire tribal land in the state. The council in fact was formed to protect the constitutional interests of tribals. But the recent move of the chief minister makes it explicit that the government was treating it as a pocket institution to further the business interest of the BJP’s friends.

The amendment is likely to be placed on the table of the state assembly during the ongoing winter session of the house. Nevertheless the Assembly is not empowered to pass any amendment in the CNT and SPT acts. Meanwhile the AJSU chief Sudesh conveyed to the chief minister that that any amendment was not acceptable. They are also opposed to the local residents' policy.

The state Congress president Sukhdeo Bhagat has meanwhile has come out with a suggestion to the vexed issue that instead of transferring land under CNT and SPT Acts from farm to non-farm use, land should be mortgaged in banks for up to 30 years to secure loans for the tribal owner to do business.

For land under CNT Act, Bhagat proposed redefining the domain of revenue thanas, because a tribal land-owner can transfer his land to another tribal in the same revenue thana. In 1908, when the CNT Act came, there were three revenue thanas, which have stayed the same on paper even now.

According to opposition parties, the land rate compensation given to villagers this time was much less than the 2013 land acquisition provisions. The opposition has also alleged that the state government proposal to form land banks was a mechanism to evict poor people living on government land.

The apex body of the Santhal community, the Lau Vir Baisi at a meeting held a couple of months back at Bhognadig in Sahibgunj district had resolved not to allow holding of any government function as a mark of protest against the government’s amendment move. Bhognadig was the cradle of Santhal Hool (rebellion) of 1850s. In a decree it asked people from the community not to let government organise any function at Bhognadig Panchayat and to prevent MPs, MLAs and minister from taking part in such events. Millions of tribals have been displaced by various planned development schemes since independence. Adivasis make up just 8 per cent of population, but they account for more than 8.54 million (40 per cent) of the displaced persons of all projects and of those only 2.12 million (24.8 per cent) tribals could be resettled, so far. Due to rapid industrialisation in tribal areas, 3.13 lakh people have been displaced due to mining operations, and a total of 13.3 lakh tribals have been displaced from their ancestral lands.

Poor economic conditions, usurpation of their land by outsider landlords, lack of employment opportunities, displacement and poverty are forcing adivasi men and women to migrate to urban areas or to areas where there is work. Earlier only men migrated to urban centers but in recent years large scale migration of single women is taking place from all regions.

In the globalization period, the state has signed 74 MoUs with different companies, which include mining and steel plants by ArcelorMittal, Bhushan Power & Steel, Jindal Steel, and thermal power plant and dam by ECSC. The execution of these projects will result in displacement of thousands of tribals and diversion of rich agricultural land and forestland for non-agricultural purposes. As these tribal areas are designated as ‘scheduled areas’ under the Constitution, the Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996 The Constitution (73rd Amendment) Act, 1992, commonly known as PESA Act is applicable; besides several special laws like Chhotanagpur Tenancy Act, 1908 and the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 also apply. The prior consultation of Gram Sabha is necessary under the PESA Act for acquiring tribal land. (IPA Service)