The landmark judgment of the Supreme Court in 1996, Samatha vs State of Andhra Pradesh, is one of the most important judgments protecting the rights of Scheduled Tribes (STs) in India. The judgment held that the Forest Conservation Act, 1980 (FCA) cannot be used to acquire tribal land without the consent of the tribal community.
The case arose from a petition filed by the Samatha Committee, an NGO working for the rights of STs in Andhra Pradesh. The petition challenged the acquisition of tribal land in the Nagarjuna Sagar Project area by the government of Andhra Pradesh under the FCA. The Samatha Committee argued that the acquisition of tribal land without their consent violated the provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and the Fifth Schedule to the Constitution of India.
The Supreme Court agreed with the Samatha Committee and held that the FCA cannot be used to acquire tribal land without the consent of the tribal community. The Court held that the PESA and the Fifth Schedule to the Constitution give STs the right to manage their own affairs and to protect their land and resources. The Court also held that the government must consult with the tribal community before acquiring their land.
The judgment in Samatha vs State of Andhra Pradesh is a landmark judgment that has had a significant impact on the rights of STs in India. The judgment has helped to protect tribal land from acquisition by the government without their consent. It has also helped to strengthen the rights of STs to manage their own affairs and to protect their land and resources.