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"How to marry a tribal and get trees," was the headline
of a Bhopal based story that appeared in the Indian Express
of January 23, 1997. Based on a secret document by the Bastar collector,
Mr Rajgopal Naidu, to the Madhya Pradesh Chief Minister, the report
showed how large tracts of forest land in Madhya Pradesh were being
denuded by bureaucrats and forest mafia who were exploiting the
tribals in the area.
Indigenous forest dwellers have malik makbuja or tribal ownership
rights over forest trees. So government officials, timber traders
and politicians, working closely, found various ways of grabbing
trees or even whole forests for themselves.
One method was to marry tribal girls, get written permission from
them to chop trees and clear vast tracks of jungle. Subsequently,
many of these girls were abandoned.
"There are innumerable tribal women in Bastar who have technically
more than a million rupees in their bank accounts and yet they live
below the poverty line," said the Express correspondent.
The report pointed to the active involvement of Mr Naidu's senior
and the Commissioner of the Division. Land belonging to scheduled
castes and tribes can only be sold to those belonging to the same
groups. But a revenue inspector had bought forestland in which there
were trees worth Rs 7.5 million in the name of his wife. Since he
was from the Revenue Department, he made a fresh map in which the
land was not shown as tribal land, and chopped down the trees. An
inquiry was ordered, but the Commissioner gave him the go-ahead
while the case was pending in the lower courts.
The story was sensational not only because it highlighted the dubious
manner in which large tracts of invaluable teak and sal forests
were being cut illegally; it also revealed the large-scale exploitation
of illiterate and poor tribals and scheduled castes by the upper
crust of society. Three NGOs working for rights of tribals and forest
dwellers took up the case and it was brought to the Supreme Court.
The corrupt Commissioner was transferred, two Revenue Department
officials dismissed from service and another suspended.
A week later, Mr Naidu too was transferred, but he finally received
recognition for his courage in exposing the links between people
in the government and the timber mafia. The honest government officials,
some committed NGOs and the media had worked collectively to expose
the corrupt system and the devious manner in which the tribals were
being exploited.
Tribals, the indigenous people or forest dwellers, as well as the
Dalits or scheduled castes, continue to be second class citizens
in India. This is despite the government's efforts to eradicate
the centuries of discrimination against them by reserving a quota
of government jobs and seats in educational institutes.
There are 636 scheduled tribes, each with their own distinct culture
and customs, constituting a population of more than 80 million and
accounting for over eight per cent of the Indian population. Some
of these tribes are primitive, and have remained isolated from any
form of development.
Four of the tribes who live in the Andaman Islands in the Indian
Ocean, south east of the Indian mainland, are on the verge of extinction.
The Great Andamanese, the Jarawa, Onge and Sentinelese have lived
and flourished in these islands for 20,000 years. About 150 years
ago, they had an estimated population between them of at least 5,000.
Today, the population of the four communities is not more than 500,
though the total population of the islands is about 4 lakhs.
The population of the Onge is down to a hundred, the Great Andamanese
just 30. And a trunk road cuts through the Jarawa forest homes,
bringing in development that is proving disastrous for the tribe.
As people from the mainland harvest the exquisite timber of the
islands, the tribal communities are being systematically alienated
from their forests and their land. The migrants from the mainland
brought with them infections and diseases to which a large number
of tribals have succumbed. The debate on whether these indigenous
people should be brought into the national mainstream or allowed
to stay in their primitive state continues.
Tribals living in other parts of the country, most of them in Madhya
Pradesh, Maharashtra, Orissa, Bihar and Gujarat, are not being driven
to extinction like the tribes of the Andamans but they are being
pushed out of their shrinking forest homes. Large numbers have been
displaced because of dam construction and other development projects
in forest areas.
One of the major objections of the Narmada Bachao Andolan (Save
the Narmada movement) to the construction of a series of dams on
the Narmada River is that thousands of tribals would be displaced
in the states of Maharashtra, Gujarat and Madhya Pradesh. The number
of people displaced increases with the height of the dam.
Agitation against the dam has been going on for about 15 years,
and it is because of the efforts of tribal activists like Medha
Patkar that land-for-land compensation was agreed to by the Central
Government. However, the Madhya Pradesh chief minister has gone
on record to say that his state does not have sufficient land to
give the 41,450 families who will be displaced in Madhya Pradesh
alone.
The case has been fought through the courts and finally the Supreme
Court of India has permitted the height of the dam to be raised.
The forested tribal hinterlands are also the areas where there
is a rich reserve of minerals. According to the fifth schedule of
the Constitution, tribal land cannot be leased out to non-tribals
or to private companies for mining and industrial operations, but
with the government's thrust on economic development, there is constant
pressure to mine the homes of the tribals. But movements like the
Narmada Bachao Andolan, Jan Vikas Andolan and NGOs like Ekta Parishad
and the National Committee for Protection of Natural Resources maintain
a check on government and private sector greed.
Yet it would be unfair to say the government has not made efforts
for development of tribals. Special provisions have been made in
the Indian Constitution for the protection and development of scheduled
tribes. Promotion of educational and economic interests, protection
from social injustice and exploitation are enshrined in various
articles of tribal laws. Tribal land cannot be bought or sold except
by the tribals. There is a National Commission at the centre
to protect the interests of the scheduled tribes and since 1997,
100 residential schools for tribals have been set up. To encourage
education of tribal girls, hostels have been established. Under
the government's five-year plans they are being constantly renovated
or expanded.
Tribal crafts and their traditional weaves are being propagated
in a big way. A special shop in the heart of New Delhi sells exclusive
tribal crafts. With the help of trained designers, tribal weaves
and handmade fabrics are being promoted.
But the ground reality is that money and status continue to elude
them. Literacy levels of the tribals are still very low - for men
about 29 per cent and for women 18 per cent. Tribals work as cultivators
and agricultural labour and according to the reports of the Planning
Commission, 52 per cent of the rural and 41 per cent of the urban
tribal population lives below poverty-line. That means they earn
less than Rs 11,000 in a year, barely US $28. Some of the tribals
in the poorer regions of Orissa still survive on roots and berries.
Because of poor health facilities in the tribal pockets in which
they live, malaria is a major killer.
There is a 7.5 per cent reservation in jobs for the tribals, but
only 3.5 per cent of the posts have been filled. Tribals are missing
in the higher echelons of administration. Fifty-two years after
Independence, the tribals continue to be marginalised, which is
why in October 1999, a full-fledged Ministry for Tribal Affairs
was established at the Centre.
Tribal representation in Parliament is sizeable - 41 members in
the Lok Sabha and 11 in the Rajya Sabha - but they have remained
largely voiceless. Though reservation for SC and ST was initially
meant to last 10 years, it was extended decade after decade because
there has been poor implementation of the various laws and measures
for their educational, social and economic advancement.
Since the early nineties, a group of tribal rights activists has
come together under the leadership of the well known writer, Mahashweta
Devi, to fight for the rights of some 60 million denotified tribals
who are treated as criminals. They are routinely picked up by the
police for questioning and beaten up. Many of them die in police
custody.
This traditional bias against these tribes, a legacy of British
rule, persists despite more than 50 years of government efforts
to bring all tribals and other backward communities to parity with
the more privileged members of society.
In 1871, the British passed the Criminal Tribes Act. It
notified about 150 tribes as "criminal" and gave the police
wide powers to deal with members of these tribes. They could restrict
their movements and insist they report at police stations regularly.
Independent India repealed the Act in 1952. That is why they are
called denotified tribes (DNTs).
That term is rarely used, however. They are nearly always referred
to as criminals. And it is this view, more than anything else, that
defines the ways the DNTs live today, says Dilip D'Souza, who studied
and wrote extensively on denotified tribes under a fellowship awarded
to him by the National Foundation for India.
Some 150 years ago, a large number of these tribal communities
were nomadic. They were considered useful, honourable people by
settled societies with whom they came into contact. Many of them
were petty traders who used to carry their wares on the backs of
their cattle and sold or bartered goods, which ranged from honey,
grain and rice to herbal medicines, in the villages through which
they passed. Most nomadic people were also craftsmen, making and
selling baskets, mats, brooms or earthen utensils.
But the media has been particularly insensitive to the plight of
these tribals who continue to be treated and referred to as criminals.
"Haryana to flush out criminal tribes" was the headline
in the Indian Express of February 27, 1999, followed by "Bansilal
orders crackdown on criminal tribes." The Tribune News Service
on September 9, 1999, reported "48 Pardhi robbers from Guna
held." The Express News Service of November 6, 1999,
reported "Stone age robbers: Pardhis know no mercy."
Dr Meena Radhakrishnan, a social anthropologist at the Nehru Memorial
Museum, says the spectre of the so-called criminal tribes has begun
to haunt the middle class readers of newspapers in Delhi. There
has been a marked increase in news stories which claim that a gruesome
murder of an elderly couple was committed by a group of Sansis who
robbed them of all their valuables. Or that a woman living alone
was brutally done to death in the dead of night by a group of Pardhis.
Television programmes on the tribes put fear in the minds of viewers,
and the words "criminal tribes" have become synonymous
with criminality of a mindless, violent kind. Radhakrishnan says
the terror being fanned in the public mind has led to lynching of
hapless Sansis or Pardhis, with no protest from others.
Most members of these tribes live in dismal conditions - often
on the outskirts of a city - and are extremely poor. Even the educated
members of these communities, who form the first generation of office
goers or professionals, are looked upon suspiciously and insulted.
In 1998, after two custodial deaths of members of these tribes,
Budhan Saber of Purulia District of West Bengal and Pinky Hari Kale
of Satara District of Maharashtra, activists filed writ petitions
in the Kolkota and Mumbai high courts respectively. They also informed
the National Human Rights Commission (NHRC) about the two deaths.
Their efforts resulted in compensation being awarded to the families.
The NHRC directed compensation be paid for the death of Kale and
the Kolkota high court awarded compensation to the widow of Budhan
Saber.
"While compensation is welcome and may act as a deterrent,
the really revealing thing about these cases is what they say about
attitudes towards DNTs," says Dilip D'Souza.
In February 2000, the NHRC recommended repeal of the Habitual Offenders
Act, which had virtually replaced the Criminal Tribes Act after
Independence. The Habitual Offenders Act has terrorised the tribes,
for under its purview members of their communities are summarily
picked up whenever there is unexplained crime.
Dr G N Devy, the secretary for the Denotified and Nomadic Tribes
Rights Action Group, who is documenting tribal literature, says
"None of the brave fights of the tribals against the British
has ever been treated as part of the national struggle for freedom.
From the Bihar uprising of 1778 to Lakshman Naik's revolt in Orissa
in 1942, the tribals of India repeatedly rebelled against the British
in the North East, Bengal, Bihar, Madhya Pradesh, Maharashtra, Gujarat
and Andhra Pradesh. In fact, the British had to accede to the demands
of the Bhils and the Naiks after their revolt in 1809 and 1838."
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