Illegal Encroachment, Eviction Drives, and Indigenous Land Rights

Himangshu Ranjan Bhuyan

(hrbhuyancolumnist@gmail.com)

Illegal encroachment has been regarded as a highly complex and sensitive issue in Assam. The  roots of this problem are multifaceted, encompassing historical, social, economic, and political factors that have collectively contributed to its growing complexity. At the core of this issue lies the question of land ownership rights stemming from illegal migration, which has caused deep discontent among the various indigenous communities of the state. This migration trend has led to an increase in illegal occupation of government land, forest land, and tribal belt land, directly impacting the livelihoods of local communities. Assam’s economy is primarily agrarian, with land serving as the fundamental basis of rural life. Illegal encroachment has endangered this foundation, thereby affecting the economic security of local populations. Furthermore, this issue has raised concerns about the cultural identity of Assam’s indigenous communities. For indigenous groups, land is not merely a source of livelihood but is deeply intertwined with their heritage, culture, and identity. Illegal encroachment has disrupted this cultural connection, leading to a form of existential crisis. In response, the government has recently undertaken stringent measures through eviction drives, which have enabled land reclamation in some cases. However, the humanitarian and social consequences of these actions have given rise to new challenges. These circumstances have not only fuelled dissatisfaction but also heightened the potential for conflict between different communities. The question of indigenous land rights has become an inseparable part of this issue.

The problem of illegal encroachment is not new to Assam. For decades, incidents of illegal occupation of land have occurred due to various reasons, including economic vulnerability, excessive population pressure, land scarcity, and the impact of migration trends. A significant factor contributing to the rise in illegal land occupation is illegal migration, particularly from border areas, leading to the occupation of government land, forest land, and tribal belt land. This migration trend began historically during British rule and continued post-independence, with significant impacts from migration from erstwhile East Bengal and later Bangladesh, profoundly affecting Assam’s demographic structure. As a result, illegal occupation of government and indigenous ancestral lands has increased, directly impacting local livelihoods. Given that Assam’s economy is predominantly agriculture-based, with land forming the core of rural life, illegal encroachment has jeopardized the economic security of local communities. Additionally, this issue has raised questions about Assam’s cultural identity. Land is not just a source of sustenance for indigenous communities, it is deeply connected to their heritage, culture, and identity. Illegal encroachment has indirectly affected this cultural bond, creating an existential crisis among local communities and increasing the potential for social unrest and inter-community conflict. Addressing this issue through legal measures alone is unlikely to yield comprehensive results. A holistic approach is required, balancing migration control, rehabilitation policies, and the protection of indigenous rights. Given the complexity of the issue, coordination among local communities, the government, and social organizations is essential to pave the way for a sustainable solution. By resolving illegal encroachment, it is possible to ensure Assam’s social and economic stability while safeguarding the cultural identity of indigenous communities. Government initiatives, coupled with local community cooperation, are crucial. Raising awareness among locals and establishing clear documentation of land ownership could be vital steps toward resolving this issue. Furthermore, analysing the root causes of illegal migration—such as economic vulnerability, population pressure, and land scarcity—can help understand the depth of the problem. Long-term policies addressing these factors are necessary to ensure the protection of indigenous rights and the state’s social and economic stability.

To address illegal encroachment, the government has recently adopted stringent measures through eviction drives aimed at reclaiming government, forest, and tribal belt lands from illegal occupants. These operations, conducted across various districts of Assam, have successfully reclaimed significant amounts of land, demonstrating the government’s firm resolve. However, the humanitarian consequences of these drives have added complexity to the process. Many families have lost their homes due to evictions, and the question of their rehabilitation remains uncertain. These operations involve coordinated efforts by local administration, the forest department, and law enforcement agencies. However, in border areas, resistance from neighbouring states has occasionally disrupted these efforts, highlighting the interstate dimension of the issue. Incidents of tension among local communities during evictions underscore the social implications of the process. While the government’s efforts to reclaim land are commendable, addressing the humanitarian aspects is equally important. Adequate rehabilitation measures for affected families are necessary, as the lack of sufficient arrangements has left many in distress, fueling dissatisfaction with government policies and increasing the risk of social unrest. In some cases, rehabilitation measures have been implemented, but their adequacy remains questionable. These drives have not only facilitated land reclamation but also enabled planning for public purposes.

The issue of indigenous land rights is a critical and sensitive matter for Assam. Tribal belts and blocks were established specifically to protect the traditional lifestyles and land rights of indigenous communities. The Assam Land and Revenue Regulation Act, 1886, under Section 165(1), clearly stipulates that anyone illegally occupying tribal belt or block land is liable to immediate eviction. Through this law, the government has sought to protect indigenous land rights, but its implementation faces numerous challenges. Illegal migration has led to encroachments even in these belts and blocks, creating fears among indigenous communities about losing their rights. While government eviction drives have achieved some success in land reclamation, the social and humanitarian consequences have complicated the process. Inadequate rehabilitation arrangements have left many families helpless, fostering dissatisfaction with government policies and increasing the potential for social unrest. To protect indigenous land rights, the government must enforce laws strictly while maintaining coordination with local communities. Raising awareness and ensuring clear documentation of land ownership are critical steps to safeguard indigenous rights and ensure the state’s social stability.

The issue of land encroachment due to illegal migration is a sensitive and complex challenge for Assam. This migration trend, spanning decades, has significantly altered the state’s demographic structure and land ownership patterns. Illegal migrants have occupied government, forest, and tribal belt lands, creating fears among locals about losing their rights. To address this, the government has implemented legal measures, such as Rule 18(2) of the Assam Land and Revenue Regulation Act, which mandates the eviction of illegal occupants from government land. However, implementing these laws is challenging due to the economic vulnerabilities of illegal occupants, making rehabilitation a critical issue. While eviction drives have been effective in reclaiming land, the lack of focus on humanitarian aspects has added complexity. A balanced approach, involving strict migration control, adequate rehabilitation, and protection of indigenous rights, is necessary. These efforts have achieved some success in land reclamation but have also created new challenges. The government’s recent eviction drives across various districts have had a widespread impact, reclaiming significant land but displacing many families. Insufficient rehabilitation measures have further complicated the situation, with tensions among local communities highlighting the social consequences.

The government’s role in protecting indigenous land rights is paramount. Tribal belts and blocks in Assam are deeply tied to the lifestyle and culture of indigenous communities. Illegal encroachments in these areas have impacted their rights, creating an existential crisis. The government have taken various legal and administrative measures, but their implementation often faces obstacles. The Assam Land Policy, under Clause 6.2, mandates reserving 5 to 15 bighas of land per village for environmental purposes, free from encroachment. However, in practice, such policies are often violated. Government measures have achieved some success in protecting indigenous rights, but social consequences have complicated the process.

In conclusion, addressing the issue of land encroachment due to illegal migration requires a comprehensive approach. Eviction drives alone cannot fully resolve the problem due to the associated humanitarian consequences. The government must adopt strict migration control policies, enforce laws rigorously, and raise awareness among local communities to protect indigenous land rights. Coordination among local communities, the government, and social organizations is essential for a sustainable solution. By resolving this issue, it is possible to ensure the protection of indigenous rights and the social and economic stability of Assam.