People's Democracy

Towards An All India Tribal Demands Day, November 18

Kumar Shiralkar

THE CPI(M) has given a call to observe November 18 as an All India Demands Day to press the UPA government to place the Scheduled Tribes (Recognition of Forest Rights) Bill 2005 in the coming winter session of parliament with appropriate amendments, undoing the "historical injustice" faced by crores of tribals in India since the colonial period. 

The CPI(M) and the Left have been demanding that the Scheduled Tribes (Recognition of Forest Rights) Bill 2005 be placed in the parliament without any delay. The Common Minimum Programme of the UPA government states, "UPA government will immediately review the overall strategy and programmes for the development of tribal areas to plug loopholes and to work out more viable livelihood strategies." Prime minister Mr Manmohan Singh promised to implement this pledge in his Independence Day speach. But the bill was not placed in parliament during monsoon season, due to pressure from anti-tribal conservationist lobby of the forest landlords. Recently, when the PM called a meeting to discuss the bill, the ministry of environment and forests (MoEF) came with a new draft which dilutes the provisions made for tribals’ rights. We have to resist such dangerous moves and press for presentation of the bill, incorporating appropriate amendments suggested by the CPI(M) and the Left.

THE STATE OF TRIBAL PEOPLE

There are 26 states with 187 tribal districts in which 8.5 crore tribals (8.20 per cent of the country's total population), consisting of approximately about 1.6 crore tribal families, are residing. The male and female ST populations are 4.31 crore and 4.19 crore respectively. At present only 9 states, namely Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Chhattisgarh, Orissa and Rajasthan, have scheduled areas notified. Out of 8.5 crore tribals, 5 crore are staying in these scheduled areas in 9 states.

The NSS estimates show 47 per cent make a living from wage employment as rural labour. Of the 46 per cent rural tribal households who earn a major share of their livelihood from self-employment, 44 per cent derive their livelihood from farming and hardly 2 per cent have access to non-agricultural self-employment. Other occupations like hunting and food gathering are insignificant. Tribals’ lands are generally slopy, at places rocky, with a thin soil cover and without irrigation facilities. Often it is less fertile. Most of the tribal groups occupy hilly and plateau tracts where soils are usually of poor quality and run-off rate rainfall is usually high. A large majority of them cannot afford modern inputs and technology. These factors converge to low productivity in tribal areas.

This picture indicates the prime importance of land for tribals --- directly as cultivators and indirectly as agricultural labourers. Land is their mainstay.

To meet the demand for land to tribals, the central question is of an effective implementation of land reforms and of ensuring distribution of surplus land among the landless adivasi families. About 5 lakh tribal families have benefited by the surplus land distribution under the Left Front government of West Bengal. In Tripura, almost all the alienated land has been restored to tribals under the Left Front government. In addition, more tribal families have benefited due to land reform measures.

One may look at the following data, as on March 31, 2002, given by the directorate of land reforms, ministry of rural development:

Area distributed to total beneficiaries: 53.90 lakh acres.

Area allotted to ST beneficiaries: 7.79 lakh acres.

Total number of beneficiaries: 56.47 lakhs.

Number of ST beneficiaries: 8.30 lakhs.

NEW POLICY FOSTERS LAND ALIENATION

The fifth and sixth schedules of the constitution prohibit the transfer of land from tribal to non-tribal people in order to prevent the alienation of tribal lands. The Supreme Court has also prevented such transfers. But large-scale transfer of tribal land is going on. This alienation of tribal land has taken a long sweep since the liberalisation policies were adopted by the successive governments. The moves to amend the fifth schedule and structure forest management projects in order to include the interests of large private firms like the Indian Tobacco Company in Andhra Pradesh brings this issue to the top of the agenda. The Jindals procured tribal land trough benami transactions in Chhattisgadh for their steel plant. The Sahara Housing Limited grabbed 3760 acres, in Rune in Maharashtra for a tourism project, part of which is the forestland belonging to tribals.

Notwithstanding the laws for restoration of alienated lands to tribals for decades, the poor implementation of these laws, legal loopholes and the corrupt nexus of rural rich and bureaucrats have deprived the adivasis from proper restoration, and illegal transfer of their land continues. The number of cases of alienated tribal land in Indian courts is 3,75,164, covering about 8,55,282 acres. Of these, the cases disposed are 3,17,643; those decided in favour of tribals are 1,62,650 and those in which land was restored to tribals are 1,58,297, covering 4,33,133 acres. The cases pending in courts are 57,521 covering 1,43,961 acres. It shows that courts disposed half the cases in favour of non-tribal, influential rural rich, depriving 1,54,993 tribal families. These non-tribal moneylenders still possess 5,07,454 acres of the grabbed land.

The "Declaration" of the CPI(M)’s All India Tribal Convention at Ranchi says, "Adivasis have a traditional and organic link with the forest and its produce. The Forest Act and its latest version, the Forest Conservation (Amendment) Act, 1988 treat the adivasis as encroachers and interlopers in the forest instead of being the integral part of it. The disappearance of the forest and the degeneration of the green cover are not due to tribals, but due to the corrupt nexus of the contractors-mafias-forest officials-ruling class politicians and as inexorable feature of capitalist development.

"The deprivation of access to the forest and its produce, the tyrannical rule of the forest guards-bureaucratic nexus has deprived the tribals of their food, habitat, traditional way of life with serious social and cultural consequences."

ERRONEOUS THINKING

Tribals have been living in forests since ages, both having a mutual symbiotic relationship. Yet, an erroneous view prevails that such tribals must be regarded as encroachers. All the Forest Acts and Wildlife Acts of 1927, 1972, 1980 etc looked upon them as outside poachers and encroachers, and the threat of eviction consistently looms large before them. Insecurity of tenure and fear of eviction from these lands and forests makes them a vulnerable lot.

Nevertheless, state governments took steps after independence to make allotment of forestlands to tribals in occupation for some generations. The process was continuing when the Forest (Conservation) Act of October 1980 halted it abruptly. Entirely laudatory in its objective to check further depletion of forest cover, the act left in the lurch such tribal families whose occupation had not been regularised. To it, "encroachers" mean people who were residing in designated reserved forest and protected areas after 1980 and whose holdings were not regularised till then. The uncertainty lasted for a decade, till the MoEF issued comprehensive orders in 1990 to regularise the cases of eligible occupants, settle disputed claims over forestland arising out of forest settlement, settle disputes regarding pattas/leases/grants involving forestland, eliminate intermediaries, ensure the payment of fair wages, and convert forest villages into revenue villages, etc.

In 1995, the Supreme Court directed the state governments to decide the people’s claims in the light of these government instructions. But before any significant action could commence, there came a case related to encroachments on extensive forestlands by avaricious planters for quick gains, and the Supreme Court passed orders for clearing the forests forthwith of all encroachments. Unwittingly, the axe fell on the simple, artless, voiceless and defenceless tribals, most of whom have genuine claims. That uncertainty and suspense over the life and liberty of millions of forest dwelling and forest-fringe citizens should continue for decades, is clearly unacceptable in a democratic set-up.

On May 2002, the then NDA government issued an order directing the states to destroy the tribal houses and crops on the so-called “encroachments” in forest areas, in compliance with the Forest Conservation Act of 1980. The Left Front governments of West Bengal and Tripura outright refused to follow this circular. But the bourgeois landlord governments in other states launched a merciless assault on tribals, destroying their houses and crops. Such tribals as were organised under the CPI(M) and the Left fought and succeeded in saving their crops and houses. On February 5, 2004, the government issued orders that recognised “rights of the tribals till 31.12.1993." However, the SC order of February 23, 2004 stayed it. Though the MoEF applied for vacation of this order in July 2004, the case is still pending in the court.

INHUMAN & BAD ECONOMICS

It is estimated that about 15 per cent of the tribals have been evicted from their land due to industrial and developmental projects in the post-independence period, still lacking proper rehabilitation, compensation and jobs. Various unscrupulous methods were adopted to deprive them. Both foreign and Indian monopolies have embarked on penetration in mineral rich tribal areas, following large-scale privatisation and dismantling of public sector. Displacement of tribals is taking place through police brutality and repression. These and non-adherence to the Samta judgement for the fifth schedule areas are some of the features of tribal exploitation due to liberalisation policies.

In addition to the loss of agricultural land and habitats, tribals have also been losing forestland. According to one estimate, while 187 tribal districts in the country span 33.6 per cent of the total geographical area of the country, the forest cover therein constitutes 60 per cent of the country’s total forest. Thus tribal areas provide the bulk of forest cover. There are uncultivable and degraded cultivable lands elsewhere in non-tribal areas, which demand urgent forest cover, both from the production and ecological angles. Pushing the tribals out of forests for further forestry operations therein is not only inhuman but bad economics.

Compared to the total forest area of 6.8 crore hectares, tribals and other poor occupy approximately 2 per cent. Dereserving this area, dispersed in thousands of forest blocks, is therefore no likely to have any adverse effect of the environment. But it will have a salutary impact on the disturbed situation in tribal areas, bringing in long awaited justice, peace and satisfaction.

CPI(M)’S STAND

The CPI(M) opposes the policy drive of imperialist globalisation and privatisation to hand over large tracts of land to the multinationals. But the MoEF, which attacks and evicts adivasis mercilessly, has regularised the illegal diversion of 1,224 hectares of forestland to 17 mining companies in Orissa during the last 5 years. In contrast, in the entire state of Orissa, the total area “encroachment” by poor tribals, regularised since October 1980, comes to a grand 29 hectares!

Thus the historic injustice continues. The only way to ensure justice to the tribals is to pass the ST Bill 2005 immediately. While welcoming the introduction of the bill we demand that the following amendments be incorporated in the proposed bill.

1) The cut-off date of October 25, 1980 for recognising the rights of tribals dwelling in forests is contradictory to the very objective and purpose mentioned in the bill’s preamble. This injustice continued even after 1980. The date was not laid down by any logical law but by the 1990 guidelines. Therefore, those tribal families who are cultivating the forestland for their bonafide livelihood needs must be vested with rights over their lands even though they might have occupied the land after October 25, 1980. The cut-off date should be based only on the main criterion of genuine livelihood needs of tribal family till the act comes in force. If the 1980 deadline is not removed from the proposed bill, it will pave the way for huge evictions of the tribal people. Rather than distinguishing between pre-1980 and post-1980 "encroachments," the proposed bill must distinguish between livelihood needs and encroachments for commercial purposes. Each should have a different set of guidelines and the FCA 1980 amended accordingly. Large non-tribal landholdings of benami encroachments should be summarily evicted. The process by which the date is decided is important. In any case the decision making has to be democratic, giving rights to the tribal people in tune with the existing ground level factual data. The 2001 census can be the cut-off date.

UNJUST CEILING

2) The landholding limit of 2.5 hectares per family is unscientific, unjust and discriminative. It does not take into account the any quality of land, the rainfall, the crop pattern, the environmental conditions and the geological situations. Why the tribals should have a ceiling limit of 2.5 hectares when the limit for non-adivasis’ agricultural lands is more than this? Tribal families in many areas are joint families and cultivate their lands jointly. Some of the tribal families have more than 15 members. The provision of vesting rights of forestland by giving joint pattas to the male and female members of a family is a progressive step. But the same rights on minor forest produce should also be included for women members also. The bill does not give the clear-cut definition of nuclear family. This will create confusion. So this 2.5 hectare ceiling limit must be removed and land should be regularised for every existing real tribal family on “as is where is” basis.

3) The bill recognises Gram Sabha as one of the authorities for recognising and vesting of such rights to tribals. The Draft Rules, Chapter IV, says that "Gram Sabha shall be the village assembly - - - at the village level." But the tribal families residing in interior hilly areas are living scattered and their Gram Panchayats are also joint Gram Panchayats consisting of many villages, with padas (hamlets) spread over large inaccessible areas. So pada (small habitation) and not the village must be the unit of authority.

4) The written land records with the Forest Department are faulty, inaccurate and inadequate. In many cases there is no written proof or evidence with tribal families. The Scheduled Areas and Scheduled Tribes Commission recommends: "To facilitate and expedite the solution of the so-called encroachments, the procedure adopted by the government of Maharashtra in the revenue and forest departments Decision No. Sankirn 2002/372/J-1 dated 10 October 2002  - - - for regularisation of "encroachments" on forest lands, are commended for adoption - - -." To verify claims for regularisation of "encroachments" on forestlands, the affidavit of the claimant tribal family should be taken as evidence and the ground level factual data should be taken as final proof. Similarly, all settlements, whether recorded or not, should be included under the bill’s scope if they are found within a designated forest area till the date the proposed act comes into effect.

5) The lands occupied by tribal families, or allotted by the forest department itself previously but forcefully snatched again by the forest department or Forest Development Corporation for plantations, should also be covered under this bill.

COMMUNITY PROPERTY RIGHTS

6) A section 2(I) should be introduced to define "community property right" as forest areas under the jurisdiction of Gram Panchayats or autonomous district councils under the sixth schedule, or forestlands referred to as community forests in specific states like Orissa, Himachal and others. It will also refer to "village forests" under section 28 of the Indian Forest Act 1927, and "community reserves" defined under section 36 C of Wildlife Protection Act, 2002.

7) Section 15 should be amended to make clear that, once notified, this act shall prevail in case it comes into conflict with other acts.

8) “The forest right of a person who has committed an offence shall be derecognised." This penal provision of derecognition against holders of forest rights is quite harsh and unjust. No act, including the Indian Penal Code, gives power to any authority to derecognise the rights of any person committing an offence. Why, then, must the tribals be punished by such action? So this provision must be removed. There are many other provisions to punish a guilty person.

9) A new section should be introduced on the state’s responsibility towards forest dwellers, with the following provisions. The central government shall be responsible for protection of all forest rights vested in forest dwelling tribals from benami transactions by corporate houses, big landholders and powerful land grabbers within and outside the village. In order to meet the obligation under 5 A(1) the centre must delegate powers to the state level monitoring committees. All big developmental projects must have the prior consent of the Gram Sabha before they are given approval of the central advisory committee. The centre must have an obligation to ensure that all forest right holders have access to basic amenities and inputs required for sustainable land and forest use. It must be liable to pay adequate compensation and ensure a satisfactory relocation package for those tribals and other poor people who are evicted once the procedure of verification and settlement is over under Section 4(7) of this act.

10) The bill must clarify the Gram Sabha’s powers. Forests are considered state property under the IFA 1927. On what basis will a Gram Sabha get the authority to administer such an area unless the act is amended? The PESA 1996 includes only 'minor forest produce' as a subject under the control of the Gram Sabha and not "forest areas." The government needs also to decide how it will treat the sixth schedule areas. A section needs to be introduced on the powers and authority of  district councils by reviewing the sixth schedule provisions.

11) The bill vests in the tribal people the right to collect, utilise or transfer minor forest produce. This means tribals can sell this produce for their bonafide livelihood needs. The proposed legislation should contain some provision to protect them tribal people from exploitation by vested interests like traders, contractors, industrialists and land mafias.

12) The proposed bill covers only forest dwelling scheduled tribes, excluding those  living outside but intrinsically dependent on forests for their livelihood. As many as a third of the scheduled tribes and landless labourers are dependent on forests for subsistence; forests also provide them important supplementary occupations. Thus the proposed act, as it stands today, will not only create new conflicts in the process of settlement of rights but also pave the way for more benami transactions between those who are eligible for rights and those who are not. To avoid this, the bill needs some provision in this regard also. It is necessary to cover traditional forest dwellers under the act but have strict separate definitions so as to evict the real non-tribal encroachers who have illegally occupied the tribal land for commercial purposes.

WHY THE CPI(M) CAMPAIGN

The CMP of the UPA government pledges to "provide for full equality of opportunity, particularly in education and employment for scheduled castes and tribes.” The commitment of the state to provide basic amenities to all tribal people needs to be reiterated. The government cannot shirk its responsibly for the minimum tasks in tribal areas and for making adequate fund allocations for education, health facilities and civil amenities.

The recent judgement of the Ranchi High Court refusing to make any distinction between the scheduled and non-scheduled Areas is very dangerous, anti-tribal and against the constitution. The CPI(M) has filed an appeal against this judgement, in the interests of all adivasis in 5th scheduled areas covering nine states.

The bourgeois and semi-feudal values in society have led to a degradation of the status of the women. Landlords, mafias, contractors and forest guards subject them to sexual harassment at workplaces. The CPI(M) campaign proposes to take up these issues too in order to fight against the exploitation of tribal women.

The tribals are faced with the threat of losing their identity as they are losing their languages and culture. Successive central governments have ignored the tribal languages. Bureaucratic controlled items of tribal culture are presented as folk cultures. But we have to preserve and encourage the positive aspects of tribal culture, particularly their collective and egalitarian ethos. However, there must also be a fight from within the community against retrograde practices like witch hunting, depriving women of land, polygamy etc.

The imperialists are taking advantage of the present situation to forge separatist and ethnic-based conflicts. Only by strengthening the federal decentralised set-up with genuine autonomy for minority groups can we fulfil the diverse aspirations of the tribal mass regarding their identity, language and culture.

The RSS and its several outfits, who are endangering the unity and integrity of the country, have stepped up their activities in tribal areas. They are trying to divide the tribals between Christians and non-Christians, and to impose Brahminical caste divided Hindutva on tribals. They do not recognise the tribals as adivasis. To them they are 'Vanvasis' which confines the tribal people solely to the forests and negates their history. The RSS and its saffron affiliates are thus against the secular and democratic ethos of this country.

We have to preserve the unity of all tribals and forge unity among the tribal and non-tribal toiling sections. Struggles against feudal and bourgeois economic exploitation must be integrated with the struggles being waged by tribals and other socially oppressed sections. Only this can build real unity of the people and usher into a new era for the country’s unity and integrity.