Tribals constitute 8.14 percent of the total population and 15 percent of the total area of the country.They are dispersed spatially in north-western,western,southern,central and north-eastern parts of India.The Indian constitution protects the tribals through the fifth and sixth schedules guaranteeing them special rights and privileges.The fifth schedule mandates the creation of Tribal Advisory Council(TAC) that look after tribal interests and advises the governor when necessary.Similarly the sixth schedule confers legislative and executive powers on autonomous regional councils and autonomous district councils in the states of Tripura,Assam.Meghalaya and Mizoram.
Despite numerous constitutional and executive safeguards,there is gross violation of the rights of tribals.The UPA government had constituted Xaxa committee to look into the issue of tribal rights.Its report is in the public domain now.The report explicitly mentions that the absence of state accountability and responsibility is the core issue that contributes to the plight of the tribals.That said,it is the responsibility of the government to ensure that the tribals have uninterrupted access to forest produce and their land rights are protected.But,in reality,the government either remains indifferent or uses state machinery to initiate steps against the interests of the tribals.
It is often found that the government notifies rural area as an urban area to exclude it from the purview of Panchayat Extension to Scheduled Areas(PESA,which extends to fifth schedule areas) act.Further,in scheduled areas,tribal lands cannot be transferred to non-tribes.Yet,at times,Cabinet Committee on Investment(CCI) takes hasty decisions which negates the approval of Gram Sabha.The Tribal Advisory Council(TAC) has largely become a bureaucratic body with government members in it.Such a body would likely take steps promoting the interests of the state and industrialists.
It was quite unfortunate that the state police registered FIR against the tribal leaders who voiced against the proposed project,as in the case of POSCO project..Rather than suppressing them through force,the government needs to engage them in dialogue while ensuring them confidence,reassurance,rehabilitation and most importantly compensation.The government is serious about amending the land bill,2013 which bypasses consent and Social Impact Assessment(SIA) on certain category of projects.It is of utmost importance to take into consideration the rights of the tribals on their land and forest while invoking the clause of 'eminent domain'for developmental purposes.
The Xaxa committee had recommended setting up of 'cells' in order for the governor to properly carry out duties of the post vis-a-vis protection of tribes.This itself points to the situation where the Governor seems to have failed in carrying out his constitutional role.The Andhra pradesh model is worth emulating where the tribal cooperatives are actively engaged in mining activities.A progressive step would be to return the land to the owners when the mines get exhausted.This would require certain legislative measures like the amendment of coal bearing areas act,1957.The government could use the unused land for the rehabilitation of tribals instead of selling it off.
Land problems apart,the government should tale steps facilitating the education of tribal children.The school infrastructure as well as capacity building measures should be strengthened.If at all,the tribal children needs to be shifted to schools in mainstream areas,adequate attention on native language of the tribes is essential.Finally,a functioning and corruption-free state and local administration for the effective delivery of public services holds the key to tribal welfare.Article 21 of the Indian constitution guarantees right to life and personal liberty.The suspension of this fundamental right in tribal areas does not augur well for a evolving democratic nation like India.
Despite numerous constitutional and executive safeguards,there is gross violation of the rights of tribals.The UPA government had constituted Xaxa committee to look into the issue of tribal rights.Its report is in the public domain now.The report explicitly mentions that the absence of state accountability and responsibility is the core issue that contributes to the plight of the tribals.That said,it is the responsibility of the government to ensure that the tribals have uninterrupted access to forest produce and their land rights are protected.But,in reality,the government either remains indifferent or uses state machinery to initiate steps against the interests of the tribals.It is often found that the government notifies rural area as an urban area to exclude it from the purview of Panchayat Extension to Scheduled Areas(PESA,which extends to fifth schedule areas) act.Further,in scheduled areas,tribal lands cannot be transferred to non-tribes.Yet,at times,Cabinet Committee on Investment(CCI) takes hasty decisions which negates the approval of Gram Sabha.The Tribal Advisory Council(TAC) has largely become a bureaucratic body with government members in it.Such a body would likely take steps promoting the interests of the state and industrialists.
It was quite unfortunate that the state police registered FIR against the tribal leaders who voiced against the proposed project,as in the case of POSCO project..Rather than suppressing them through force,the government needs to engage them in dialogue while ensuring them confidence,reassurance,rehabilitation and most importantly compensation.The government is serious about amending the land bill,2013 which bypasses consent and Social Impact Assessment(SIA) on certain category of projects.It is of utmost importance to take into consideration the rights of the tribals on their land and forest while invoking the clause of 'eminent domain'for developmental purposes.
The Xaxa committee had recommended setting up of 'cells' in order for the governor to properly carry out duties of the post vis-a-vis protection of tribes.This itself points to the situation where the Governor seems to have failed in carrying out his constitutional role.The Andhra pradesh model is worth emulating where the tribal cooperatives are actively engaged in mining activities.A progressive step would be to return the land to the owners when the mines get exhausted.This would require certain legislative measures like the amendment of coal bearing areas act,1957.The government could use the unused land for the rehabilitation of tribals instead of selling it off.
Land problems apart,the government should tale steps facilitating the education of tribal children.The school infrastructure as well as capacity building measures should be strengthened.If at all,the tribal children needs to be shifted to schools in mainstream areas,adequate attention on native language of the tribes is essential.Finally,a functioning and corruption-free state and local administration for the effective delivery of public services holds the key to tribal welfare.Article 21 of the Indian constitution guarantees right to life and personal liberty.The suspension of this fundamental right in tribal areas does not augur well for a evolving democratic nation like India.
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