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Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void?
Third Schedule
Fifth Schedule
Ninth Schedule
Twelfth Schedule
Indian Constitution provides autonomy to tribal areas in matters of governance under the Fifth and Sixth Schedules. Based on Fifth Schedule the transfer of tribal land to private parties for mining was held null and void by courts.
The framework for protection of the rights of tribal and indigenous people is further strengthened by the Recognition of Forest Rights Act, 2006 which protects the individual and community rights of tribal people in forest areas and their right to free and prior informed consent in event of their displacement and resettlement.
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