The Hindu : Govt. reneging on promises to tribals

Online edition of India's National Newspaper
Thursday, May 29, 2003

Southern States

Southern States - Kerala-Thiruvananthapuram

Govt. reneging on promises to tribals

By Roy Mathew

THIRUVANANTHAPURAM MAY 28. The Government is reneging on its promises to the tribals, even as it is preparing for a fresh round of talks with the Adivasi Gothra Maha Sabha leaders, C.K. Janu, and M. Geethanandan, early next month.

The Minister for Welfare of Scheduled and Backward Communities, M.A. Kuttappan, told mediapersons on Monday that it would be impractical to declare tribal areas including land being distributed by the Government to the tribals now as scheduled areas.

Declaration of scheduled areas was part of the understanding reached between the tribal leaders and the Government following their agitation in 2001. However, the Government later maintained that it was not an agreement but only a Government decision. Dr. Kuttappan now maintains that it would not be possible to constitute a scheduled area in the State as tribals did not have a majority in any of the blocks or taluks of the State. He maintained silence when asked whether the Government had not considered this factor before making this promise in 2001.

In fact, the lack of majority in larger areas need not be an impediment to the declaration of scheduled areas as even hamlets could be declared a scheduled area.

The proposal for declaration of scheduled areas has a long history. After the constitution of the State, proposals had been mooted for declaring 1,064 square miles as scheduled area. At that time, the majority of the population in these areas were tribals. However, the demographic situation changed as settlers encroached into tribal lands. In Attappady, for example, tribals constituted 63 per cent of the population in 1961. This has now come down to less than 40 per cent. The Government is backtracking on the declaration of scheduled areas under pressure from the migrant population.

Declaration of scheduled areas for protection of the territorial rights of tribals is something mandated by international conventions and the Constitution. The Panchayats (Extension to Scheduled Areas) Act, 1996, has special provision for this purpose. The Bhuria Committee, set up by the Centre, had recommended that the tribal sub-plan areas and other tribal pockets in the State be declared scheduled areas. Hamlets could be declared a scheduled areas and boundaries could be altered on ethnic lines for this purpose.

As per the understanding with the tribals, the Government was to enact legislation to give effect to the provisions of the Panchayat Act in the State and to protect the cultural heritage of the tribals. Now, it is saying that it would legislate to punish those who usurp tribal lands. However, the Government's sincerity is in doubt as it had not cared to implement the law banning transfer of tribal land and mandating restoration of alienated lands.

In 2001, the Government had promised land to landless tribals and tribals with marginal land holdings. However, during the last one-and-a-half years, only 2,237.5 acres was distributed to just 1,352 families. This does not come to even 10 per cent of the requirement. For all practical purposes, the Government has backtracked on providing land to marginal holders. There is little chance of most of the others also getting the land in the near future.

The State Government has sought Central clearance for distribution of about 30,000 acres (12,196 hectares) of vested forests to tribals. Though two members of the Forest Advisory Committee was expected to arrive here to inspect the land in question, this visit is likely to be delayed. Moreover, the Centre has put forward some conditions which may, in effect, lead to the loss of more forests.

The Ministry of Environment and Forest stipulated in their letter dated May 13 that around 11,000 hectares of ecologically fragile land including some restored vested forest taken over by the Government through an Ordinance two years ago should be used for compensatory afforestation. Such lands are to be brought above 0.4 density in 10 years.

However, these are lands taken over by the Government on the ground that they were ecologically sensitive. The Forest Department carried out afforestation usually by cutting down the trees or at least the undergrowth. Thus, it could lead to more ecological damage. However, some of the area taken over by the Government is actually not forested land.

Even if the Government undertakes afforestation in these areas only, they would have to be restored to their original owners ultimately as they are likely to challenge the grounds for takeover of the land. Moreover, there is a move to dilute the legislation under which the land was taken over.

It is worth noting that the vested forests the Government is seeking to divert is nearly equal to the tribal lands alienated after 1982 over which complaints had been filed by the tribals. The Government had been refusing to restore these lands, exceeding 9,900 hectares. It is also reluctant to initiate measures to take over Government land in the possession of influential persons and plantations.

Precious forests are proposed to be diverted and public money spent on compensatory afforestation in order to help the illegal occupants of Government lands.

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