State Land Alienation Laws and Customary Rights: Conflict and Convergence in Tribal Panchayats of Western Madhya Pradesh

ABSTRACT The tribal communities in the west of Madhya Pradesh have for long kept their unique systems of customary land ownership and resource management, which were inherently linked to their social and cultural identities. But, the introduction of modern statutory land laws and state regulatory frameworks has, in many cases, led to conflicts between traditional norms and formal legal provisions. This paper, through the lens of Panchayati Raj Institutions and Gram Sabhas and their roles in mediating tensions, confronts the conflict and convergence between state land alienation laws and tribal customary land rights. Yet, the state, imposed land alienation laws are in contradiction with these traditional practices, leading to legal and administrative issues. The paper blends an analysis of the legislative provisions of the Madhya Pradesh Land Revenue Code, 1959, and the Forest Rights Act, 2006, with first, hand information from the districts of Jhabua, Alirajpur, and Dhar. The findings depict the scenario where, despite the legal frameworks that strictly prohibit the transfer of tribal land to non, tribals, the situation on the ground is quite different due to poor enforcement and the limited recognition of customary tenures, thus making it possible for indirect alienation to occur. Empowerment of the Gram Sabhas leads to more robust protection of the community land. Summing up, the article posits that safeguarding tribal lands is more than a mere exercise of the law it is about harmonizing all the law, formal and customary, as well as ensuring participatory governance and long, term tribal land security. Keywords: Tribal Communities, Madhya Pradesh, Land Alienation, Forest Rights Act , Customary System, Convergence, Panchayat governance.