Property under socialism

Tensions over the right to property and distribution of land have resulted in a large number of legislations and judgments. But historical analyses of their impact on law and society are few and far between. Read more

Courtesy: The Hindu

Prem Mardi vs Union of India :- Did the Court fail the tribes and adivasis?

It is the duty of all people who love our country to see that no harm is done to the Scheduled Tribes and that they are given all help to bring them up in economic and social status, since they have been victimized for thousands of years by terrible oppression and atrocities. The mentality of our country towards the tribal’s must change, and they must be given respect they deserve as the original inhabitants of India” – Supreme Court of India, in Kailas vs State of Maharashtra (2011) 1 SCC 793. Read more

Courtesy: livelaw.in

Of mines, minerals and tribal rights

Tribal and indigenous communities across the world have been asserting their rights to the mineral wealth often found under the land they own or possess or have traditional rights to. They have been historically denied even a share of that huge wealth, leave alone legal rights of ownership. Read more

Courtesy: The Hindu

Andhra’s Samatha verdict model in new law for landless

RANCHI: The state government is framing an anti-displacement law that would be based on some features of the Samatha judgment of 1997. The judgment was passed by the Supreme Court in 1997 on a petition filed by an Andhra Pradesh-based social organization of the tribal people, Samatha, against the state government for restricting transfer of government land to non-tribal people for mining and industrial purposes in the areas under Schedule V of the Constitution. Read more

Courtesy: The Times of India

Supreme Court ruling on Orissa mining case could set precedent

New Delhi: Weeks after it halted Vedanta Alumina Ltd’s mining project in Orissa, the Supreme Court will soon weigh in on the issue in what many see as a possible precedent-setting decision.

Acting on the court’s own directions, Vedanta’s associate company, Sterlite Industries India Ltd, has filed a fresh application. Meanwhile, a review petition has also been filed by Oriya tribal activist Siddarth Nayak, a party to the previous proceedings, seeking a review of the court’s order. Read more

Courtesy: live mint

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