NEW DELHI: The National Human Rights Commission (NHRC) has issued notices to the Secretary of the Ministry of Tourism and the Administrator/Chief Secretary of the Union Territory of Lakshadweep regarding the displacement of approximately 50,000 people living across various islands in the territory.
The NHRC's action follows a petition by civil rights advocate, human rights activist, and Supreme Court lawyer Radhakanta Tripathy.
Tripathy has drawn the NHRC's attention to alleged actions and atrocities by the Lakshadweep Administration against Scheduled Tribes, who are also members of minority communities and have lived on the islands of Kavaratti, Androth, Minicoy, Kalpeni, and Agatti for over a century.
The petitioner has alleged that the Collector of Lakshadweep issued an order reclaiming 575 hectares of land from 19,522 SC/ST natives, violating existing provisions and neglecting the residents' human rights.
Most Lakshadweep residents are descendants of migrants from the Malabar Coast of southwest India who arrived before the 7th century and later converted to Islam. Although Islam is the predominant religion, elements of the original Hindu migrants' social structure, including a matrilineal kinship system and caste-like social groups, remain.
Tripathy’s plea notes that land was allocated by the Malabar Collector during British rule between 1865 and 1930.
Although the lease expired 59 years ago, no tribal land has been reclaimed by the government without compensation.
Tripathy also highlighted that the Island Development Agency, chaired by the Union Home Minister, approved a proposal for tourism development on these five islands to grant occupancy rights to Scheduled Tribe populations. This was notified on March 18, 2020.
However, the second regulation issued on October 25, 2023, is said to contradict the objectives of Article 240 of the Indian Constitution and is deemed unconstitutional.
The Supreme Court has previously ruled that occupancy rights cannot be revoked under the Land Revenue and Tenancy Regulations (LRT) of 1965.
Seeking NHRC intervention, Tripathy has called for a comprehensive and sustainable development approach to address the issue.
The NHRC has also directed the relevant authorities to take action and submit a report on the issues raised by the complainant within four weeks.