Supreme Court partly upholds tribal law

New Delhi: The Supreme Court, while partly upholding the Kerala Restriction on Transfer by and Restoration of Lands to the Scheduled Tribes Act, 1999, has said the legislation is more beneficial to the tribal people than the 1975 law that was repealed.

A Bench of Justice S.B. Sinha and Justice Mukundakam Sharma partly allowed the appeals filed by the Kerala government against a judgment of the Kerala High Court dated August 24, 2000, to the extent that the 1999 Act repealed the 1975 law relating to agriculture land. However, the Bench held that the State admittedly had no legislative competence to enact legislation in relation to non-agriculture land. While enacting the 1999 Act, the State could not have disadvantaged the persons who held non-agriculture land, having enacted the 1975 Act, and thus could not have repealed a portion thereof. “We, therefore, are of the opinion that to that extent the 1975 Act would continue to be applied.”

Writing the judgment, Justice Sinha said: “The 1999 Act, if given a holistic view, is more beneficial to the members of the Scheduled Tribes than the 1975 Act. If the State contemplated a legislative policy for grant of more benefits to a vast section of people, taking care of not only restoration of land but also those who have not transferred any land at all or otherwise landless, the statute by no stretch of imagination can be treated to be an arbitrary and an unreasonable one.”

“Furthermore, we have noticed that the members of the Scheduled Tribes are educated and we can safely presume that most of them are serving various institutions. We are satisfied that the Legislature of Kerala kept in view the necessity of protecting the interest of the small landholders who were in possession and enjoyment of property which had belonged to the tribal community and at the same time ensured that the tribal people are not thrown out of their land and rendered homeless.”

The Bench said: “Keeping in view the promises made by the 1999 Act, it is obligatory on the part of the State to provide the land meant for the members of the Scheduled Tribes. If they do not have sufficient land, they may have to take recourse to the acquisition proceedings, but we are clear that the State will fulfil its legislative promise failing which the persons aggrieved will be entitled to take recourse to such remedies which are available to them in law.”

Source: The Hindu

Tribals block highway in Darjeeling against Gorkha agitation

Tribals blocked a highway here on Saturday to protest against the frequent strikes called by the Gorkha Janmukti Morcha (GJM), an organisation demanding a separate state called Gorkhaland.

Activists of Akhil Bharatiya Adivasi Vikas Parishad (ABAVP - a tribal group), imposed a daylong road blockade as soon as the GJM suspended the road blockade in their strongholds uphill for 12 hours in their ongoing agitation for Gorkhaland.

The tribals said the GJM agitation disrupted normal life in the Terai region and demanded arrest of the culprits, allegedly belonging to GJM, who killed one of the tribal supporters.

"We want immediate arrest of culprits belonging to GJM who killed our supporter recently. Also we are very much bothered about the frequent strikes called by the GJM. They can carry out their strike in Darjeeling, Kurseong and Kalimpong in any way they like. But in Terai they cannot do anything. This should be immediately stopped," said Rajesh Toppo, Secretary, ABAVP.

Earlier, the GJM, called a halt to project work of the National Hydroelectric power Corporation (NHPC) at Kalijhora.

The GJM says that the closure of the project is part of their movement and a way to put pressure on the Central Government, which they allege, does not pay heed to their demands.

The tripartite talks involving the West Bengal Government and the GJM is scheduled to be held in New Delhi on August 11.

Earlier, the Centre had proposed to hold the talks on August 24, but the GJM wanted it to be preponed.

The last tripartite meeting between the three sides took place on December 29 last year where it was decided to take forward the talks after the Lok Sabha polls.

Source: Sify

Toy making empowers Koraput tribal ladies of Orissa

By Manoj Kumar Das

Tribal ladies in Koraput district of Orissa are engaged in the art of making toys from paper pulp, which helps them to earn their livelihood. A self-help group is engaged in training them in the art. In the past days it was found the tribal ladies relaxing at their homes after lunchtime. Looking forward to financial independence, they can gain some amount of living and which made them to start themselves engaging in toy making profitable business. Tribals found expressing happiness over the fact that they are now able to help their family financially. Now days they are planning to increase their productivity to increase their earnings. It is found the tribals instead of relaxing in the day time after lunch are engaging their time in toy making.

“We have created birds, trees and other things from paper pulp. An artist taught us to make toys from paper pulp and now we are making toys ourselves. We plan to invest some money so that we can purchase more paper pulp to make more dolls,” said Premika, a tribal women engaged in making toys.

The toys highlight the tribal art and culture. A lot of these toys are sold in exhibitions and fairs. It is also found the tribal hand made toys are capturing the Koraput and being a profitable business.

Migrant tribals fuelling Naxalism in Sambalpur

SAMBALPUR: Even though Naxals made their presence felt in the district with the brutal murder of former sarpanch of Tampergarh, Kader Singh, on January 23, 2003, a closer look reveals that the red rebels made inroads into the district in the mid ’80s when tribals from Jharkhand began trooping into the district.

The tribals from Jharkhand began reaching the area in batches through Gurundia block in Sundargarh and made the forests in Jujomura, Naktiduel, Rairakhol and Kuchinda blocks in the district their home. Being forest dependent communities, they cleared the forests and set up habitations there.

Their settlement was formalised when they were issued record of rights (RoR) of the forest land in early ’90s by the then RDC (NR). The settlement of the tribals from across the border helped the Naxals from Jharkhand spread their tentacles because of cultural and linguistic affinity. And soon some of the top Naxal leaders remarried girls from these hamlets to win the confidence of the innocent tribals. With this their effort to raise ‘peoples militia’ got a fillip, experts said.

Such hamlets, inhabited by tribals from across the border, have sprung up in Tampersingha, Meghpal, Jarabaga, Burda, Gariakhaman, Dangapita, Sahajbahal, Katasahi, Patharburda in Jujomura block. Similarly in Rairakhol block some hamlets have been noticed in Hemamura, Beldihi, Pradhanpali, Patakhaman, Hindol, Panchloi, Jamunali, Dangapathar, Girdihikhaman, Goverdhanpur, Sagajuri, Sunamudi and Satyanandpali.

The areas have witnessed a spate of Naxal violences in recent times. The last encounter with the Naxals, which saw sub-inspector Narsingh Mahakud falling to Naxal bullets, took place in Katasahi under Jujomura block.

While three persons were killed in cold blood and four injured by the Naxals in Burda way back on May 27, 2005, four personnel were mowed down by Naxals in Tampersingha and Banjaritikra villages under Meghpal gram panchayat in separate incidents on July 7, 2005.

Another person was hacked to death on the same day in Larabira under Chamunda gram panchayat. Likewise Arjun Dehuri of Talab was killed and his body traced from Makarchuan forest in Gariakhaman on August 9, 2007. While involvement of the tribals from across the border in Naxal activities is yet to be established, sources in police said Naxals enjoy their tacit support and hospitality during their movement in the forests.

Source: Express Buzz

Recruit more tribals in defence: CM to Antony

BHUBANESWAR: Chief Minister Naveen Patnaik today demanded creation of more job opportunities in the armed forces for tribal youths.

In a letter to Defence Minister AK Antony, Naveen said that more opportunities for jobs should be created to bring the tribal youths to the mainstream of society.

He suggested that more recruitment rallies of the Army should be organised in the tribal-dominated districts of the State.

Taking into account the physical attributes of the tribal youths, Naveen demanded that eligibility criteria on width of chest and height should also be relaxed.

Besides creating more employment opportunities for the tribal youths, this will help in the improvement of their socio-economic status, he said.

Road to end tribals’ woes

Coimbatore: Two thousand four hundred tribal people living in 600 houses and 13 tribal hamlets in and around Gopinari along the Kerala border in Periyanaickenpalayam range may have their long-pending demand met when the administration lays a 2.5-km stretch road connecting Singuli with Anaikatti.

District Collector P. Umanath, District Forest Officer I. Anwardeen and Range Officer N. Panneerselvam met the tribals on Friday and inspected the area where the road needs to be relaid. At present tribals living in Gopinari, Melbhavi, Alankandy, Alankandypudur, Kattasalai, Pattisalai, Colonypudur, Singuli, Moonukuttai, Arakadavu, Kuliyur, Kaaliyur and Senguttai have to travel 13 km to reach a hospital at Anaikatti run by a tribal welfare trust. They have to enter Kerala and then re-enter Tamil Nadu as the existing route passes through Kerala and cross two check posts to get emergency medical help.

The tribals have been demanding that the mud road between Singuli and Anaikatti be made a pucca road so that they could easily reach the hospital without entering Kerala. The new road will reduce the distance to 6 km.

Dr. Umanath inspected the area and as the proposed route was out of the reserve forest boundary, he has asked the Block Development Officer to prepare a proposal for laying a 2 to 2.5-km long road which will end the tribals’ ordeal.

Source: The Hindu

Tribal students given free books, but no teachers to teach

Ranchi: Tribal students in Jharkhand had been given books free of cost in two academic years, but the books remained untouched as there was no qualified teacher to teach them in tribal languages.

The government had in 2003 decided to introduce tribal languages for class I to V and printed books on the basis of manuscripts prepared by the Tribal Welfare Research Institute (TWRI) and distributed them among the students in 2004-05 and 2007-08 on non-returnable basis.

But the students could not utilise the books printed in five different tribal languages in the absence of qualified teachers to teach the languages, the Comptroller and Auditor General of India (CAG) pointed out in its report ending March 31, 2008.

Printing and distribution of books worth Rs 1.05 crore without the support teaching staff nor making the languages a part of the syllabus resulted in the wasteful expenditure, the report said.

Failure to appoint teachers for teaching tribal languages in particular scripts prior to free distribution of the books defeated the very purpose of promoting education in tribal languages, observed the CAG report.

Similarly, the National Programme for Nutritional Support to Primary Education, commonly known as Mid-day Meals (MDM) also suffered due to inflated enrollment figures, lack of infrastructural facilities, under-utilisation and Mismanagement of funds, according to the CAG report.

Revealing that Cooking fund of Rs 21.92 crore remained unutilised, the report said during the period 2004-08 lifting of food grains against the allotment was short by 24 per cent.

Twelve per cent to 34 percent children were not covered under MDM---this was despite inflated reporting of enrollment and expenditure reported on non-existent Education Guarantee Scheme and Alternative and Innovative Education, the report concluded.

Similarly, the National Programme for Nutritional Support to Primary Education, commonly known as Mid-day Meals (MDM) also suffered due to inflated enrollment figures, lack of infrastructural facilities, under-utilisation and Mismanagement of funds, according to the CAG report.

Revealing that Cooking fund of Rs 21.92 crore remained unutilised, the report said during the period 2004-08 lifting of food grains against the allotment was short by 24 per cent.

Twelve per cent to 34 percent children were not covered under MDM---this was despite inflated reporting of enrollment and expenditure reported on non-existent Education Guarantee Scheme and Alternative and Innovative Education, the report concluded.

Source: Zee News

Enhanced Allocations for Several Tribal Welfare Schemes

In the Budget proposals presented in the Lok Sabha for the year 2009-10, the allocations in respect of the Ministry of Tribal Affairs has been increased from Rs. 1984.16 crore (Revised Estimates of the previous financial year) to Rs. 3220.11 crore. In percentage terms, this indicates an increase of over 60 % over the previous year’s allocations.

There has been a marked increase in allocation for several schemes of the Ministry of Tribal Affairs. For instance, allocation for the Schemes of Post Metric Scholarship, Book Bank and Upgradation of Merit of ST students has been enhanced from Rs. 194.90 crore (Revised Estimates – R.E.) to Rs. 217.85 crore. Similarly, the allocation for the scheme for Ashram Schools in Tribal Sub-Plan Areas has been increased from Rs. 30 crore (R.E.) to Rs. 41 crore.

The highest increase however is proposed under Central Assistance for State Plans under which Assistance for schemes under proviso (i) to Article 275 (1) of the Constitution has been enhanced from Rs. 392 crore (R.E.) to Rs. 1000 crore. Under this provision, grants are given to 22 TSP (Tribal Sub Plan) States and four Tribal Majority States for creating critical infrastructural projects in the Tribal Areas for the Welfare of STs and for raising the level of administration of Scheduled Areas in those States to that of the rest of the State, with a view to bringing them at par with the developed areas.

Source: Ministry of Tribal Affairs

Odisha moves to control tribal stir for land rights

Bhubaneswar/Malkangiri: In its efforts to cope with the growing agitation by tribal people in the backward districts of the state and prevent clashes between and tribal and non-tribal people, Odisha government has started initiating a series of measures to implement the laws pertaining to land rights in scheduled areas.

The efforts were aimed at preventing faceoff between tribals and non-tribals in the backward regions and also check the growth of the Maoists in the regions that were witnessing agitation by tribal people for land rights.

In districts such as Malkangiri, Rayagada, Koraput, Nawrangpur and Gajapati, the administration has started taking steps to resolve various types of land disputes, including the cases where land belonging to tribal families had been taken away by non-tribal people.

In Malkangiri district, the administration has decided to start a campaign from Monday to circulate a form among the tribal people and collect information about land rights.

Once the administration gathers data on the grievances of tribal families, particularly those who were landless and or whose land had been taken over by non-tribal people, immediate steps would be taken to solve the issues in question, according a senior administration official.

Thousands of landless families had settled over government land of various categories, including forest land, in Malkangiri and other districts. These people were facing harassment at the hands of the staff of different government departments from time to time.

The state government has also approached the High Court seeking vacation of stay on the implementation of the Forest Rights Act. Once the court vacates the stay, it is believed that the government will be able to grant land right to over 20000 families in Narayanpatna Block of Koraput district alone.

Meanwhile, the tribal agitation for land rights in Narayanpatna has started spreading to other parts of the district with tribal people forcibly cultivating the land belonging to non-tribals. Such incidents have already taken place in Narayanpatna, Bandhugaon and Palur areas of Koraput.

The state government that had been sleeping over the frequent demand of tribal people for land rights for the past several years when the situation went out of its control in Narayanpatna recently.

Source: KalingaTimes

Orissa tribal girl makes it to J-8 meet

The tribal dominated backward Orissa district of Koraput, which had always remained in news for wrong reasons like acute poverty and increasing naxal activities, is in the spotlight now for a completely different reason now, thanks to the achievement of a teenaged tribal girl from a remote village in the district.

Sixteen-year-old Sanjukta Pangi, from Karanjaguda village under Pottangi block, one of the poorest in the country, has been selected to represent India in the J8 (Junior 8) international youth summit, which is currently being held in Italy along with the G8 conclave.

In fact, Pangi, daughter of a small time farmer, has already left for Rome, the capital of Italy, to attend the prestigious conference. Accompanying her for guidance is an official from the district. At the international submit, the young tribal girl will rub shoulders with 56 youth representatives from G8 member countries such as the United States, UK, Russia, Japan, Italy, Germany, France and Canada besides six other countries –– India, China, Brazil, Egypt, Mexico and South Africa.

They will discuss the impact of climate change on the lives of children and young people. If Koraput district officials are to be believed, Pangi, a plus two student at a local college, will be speaking on the impact of climatic change on the lives of the poor tribals in the backward Orissa district.

Pangi, who was selected for the important international youth conclave through a programme conducted by the UNICEF, however, will not be the sole representative from India. She will be accompanied by two other young delegates from Tamil Nadu and Uttar Pradesh.

Source: Deccan Herald

Rs 40 crore for SC/ST development lapsed

Thiruvananthapuram: The Adivasi Maha Sabha (AMS) state committee has said that the State Government has lapsed over Rs 40 crore allotted for SC/ST development in the State during 2008-09.

Addressing a news conference here on Friday, AMS state president Mohan Thriveni and secretary S.Babu said that the LDF Government had curtailed the size of the Plan Fund. They said that by stopping the Bharath Darshan programme, the tribal students had been denied an opportunity to tour the country.

The LDF Government also stopped conducting the youth festival of tribal students, they said. A request for information on the surrender statement furnished by the SC/ST Development Director was turned down by the State Information Officer, they said. The AMS office-bearers alleged that the LDF Government had not included any new project for tribals in the State Budget after it came to power.

The demand for providing medical identity card for tribals was rejected citing the heavy costs involved in it. The Government has not initiated any steps to construct a permanent building for the Post-Matric Hostel in the capital.

The CBSE school at Njaraneeli has not been completed. They said that the Union Government had sanctioned Rs 25 lakh to improve the quality of education of the students. But, this fund was diverted for erecting fencing at the Model School at Kulathupuzha.

When a complaint was raised, instead of probing the corruption involved in it, an inquiry was ordered against the complainant, they said.

While 80,500 tribal families wait for title deeds under the Forest Rights Act, the Government is blocking the project citing lack of fund and staff, they said.

Source: Express News Service

Koraput Tribals launch sanitation drive

Koraput (Orissa): Tribals in Orissa’s Koraput District have launched a sanitation drive to keep their villages clean and hygienic.

‘Sanjog’, a government run programme, was organised jointly by Panchayat Raj department, women and child department, health department and education department at the block level.

Villagers themselves decided to take up the cause of maintaining cleanliness and building toilets.

‘Earlier, tribals were not able to understand how to use toilets and how to clean hands with soap after using them. I tried explaining all these things to them. Now they have understood. Whatever government has done for them it is very good. I am very happy. Now they don’t go out in the open, they visit toilets only,’ said Sabita Pujari, Village Sarpanch.

An awareness rally was organised to educate villagers how to use toilets built for their convenience.

Also, they were educated to wash their hands with soap after going to the toilet or before meals and children were taught to keep their school premises clean.

‘The objective of the programme is to provide water and sanitation facilities to improve the quality of life of rural people of the Koraput district. We have done number of activities. The first was to provide individual toilets at the village level to all households and to cover all school toilets,’ said Sankali Biswal, District Programme Coordinator.

Earlier, poor hygiene and lack of sanitation were causing diarrhoea among children and adults in the region.

Source: SindhToday

Neglect fired up tribals in Kandhamal: report

By Subhashish Mohanty

Bhubaneshwar: People's anger at a district administration that was indifferent to their plight caused the riots in Orissa's Kandhamal district last year, a judicial commission investigating the violence has said. The report was submitted on Wednesday.

The Orissa government ordered the probe after violence erupted after the murder of the VHP senior leader Swami Laxmanananda Saraswati on August 23, 2008 by suspected Maoists. Former Lok Pal Justice SC Mohapatra was heading the panel.

"Sources of the violence were rooted in land disputes, conversion and re-conversion and fake certificate issues," said Justice Mohapatra in his interim report on the violence which claimed 43 lives and damaged many houses and churches. He did not elaborate on the conversions and reconversions issue.

However, the report also cited how continued the exploitation of tribals and land-grabbing prodded the people of the area. "The riots also happened because the SC/STs suspected 'Pano' dalits of capturing their land by fraud," Justice Mohapatra said.

The tribals were aggrieved when they found out that non-tribals were taking away their jobs by giving false caste certificates. Even though the local administration was aware of this, it did nothing to stop the fraud. The fake certificates were a major factor because it created discontent among the Kandha tribals who constitute 52 per cent of Kandhamal's population.The Commission is silent on the role of the VHP in the violence, though the final report is expected to contain something on this. The report, however, came down heavily on the police for doing nothing to stop the violence.

Justice Mohapatra, who submitted the interim report on July 1, said the government should take steps immediately to take remedial measures. "It will take at least two years to complete inquiry, but the interim report will help the government intervene immediately," he said

Source: DNA

State still indifferent to tribals' woes

By Arnab Ganguly

Amlasole: In 2004, starvation deaths of five Sabars in Amlasole village had hit national headlines. But the state government had scoffed at the reports, describing them as "media hype". Later, it had said that the "deaths were due to malnutrition, not starvation".

Five years down the line, Amlasole is still paying for the state government's arrogance and complacency. And this apathy towards the village, 240 km from Kolkata, continues even after the state government has burnt its fingers over the Maoist siege of Jangalmahal.

Far from reaching out to Amlasole's villagers, the West Midnapur district administration has asked them to traverse the 25-km distance to Belpahari if they want to collect their entitlement of 6 kg of free rice per family. But travelling that distance is something the poverty-stricken tribals can ill afford. So, Amlasole residents held a meeting in the village on Wednesday to urge the BDO to set up a rice distribution centre in neighbouring Kakrajhor, 3 km away.

Moreover, even the word that free rice is being distributed hasn't reached all villagers. Among them are Muna Sabar, her husband Banamali and their five children. "I was down with fever for the past four or five days. But we are in the dark about rice being distributed free," said Muna. The family has ration cards, but is forced to survive on a diet of spinach and other vegetables sans cereals. "How can we buy rice that costs Rs 14-16 a kg. My husband barely earns Rs 40-50 a day, picking leaves and doing other odd jobs," she said.

Menoka Mandi, too, had a similar tale of woe. "I didn't know rice was being distributed free. No one told us," she said.

Though fellow Amlasole resident Gurcharan Munda had heard the BDO's message about distribution of free rice from Belpahari, he just didn't find it worth undertaking the journey. The only way to reach Belpahari from Amlasole is to hitch a ride on a trekker, paying Rs 15 for a one-way trip. "More than one person from each family has to go to carry so much rice back home. Besides paying Rs 30 per head for a round trip, there are attendant costs on meals and tea at Belpahari. The cost of the journey simply makes it uneconomical to collect the free rice," said Munda.

Amlasole isn't the only village the state needs to reach out to if it is to win the hearts of the people in Jangalmahal. Tales of neglect could also be heard from Simulpal, where Shibai Mura said: "I went all the way to Belpahari on Wednesday to collect rice, but was told that the authorities had stopped distribution. I returned empty handed."

Source: The Times Of India