However, the tribal population faces the daunting task of obtaining a community certificate to pursue their dreams of better education and employment. In Tamil Nadu, three people, including a woman, have reportedly ended their lives, when their efforts to get a community certificate failed.

Tribals from communities like Kattunaicker, Malakuravan, Kondareddis, Kurumans, and Kanikkarar are struggling to establish their identity. Despite several court orders and government orders (GOs), the administrative mechanism, including the revenue department, inordinately delays the distribution of ST certificates resulting in continuous struggles and tragic incidents.

Challenge Faced During Online Submission

The government of Tamil Nadu has mandated online submission of applications for obtaining community certificates for tribal communities. The Tamil Nadu Tribals Association (TNTA) has urged the state government to keep the option of submitting applications offline open, considering several restrictions, including internet accessibility, faced by tribals across the state.

“The request by us has not been considered by the state government so far. The applications submitted by school and college students are frequently getting rejected when submitted online. Several reasons have been cited, including lack of a proper database, older card-format community certificates not being compatible with the online system, and also due to deliberate rejection by certain officials in the revenue department,” said a TNTA leader.

Intervention of the Human Rights Commission 

In 2021, the Tamil Nadu State Human Rights Commission (SHRC) took up a suo motu case after there were several reports on the sluggish approach of officials in issuing ST certificates. The commissioner of revenue administration had to appear before the SHRC and submit an affidavit promising to conduct meetings with all Revenue Divisional Officers and take measures to expedite the issuance of certificates.

“Despite the promise, major problems in issuing community certificates continue to persist across districts. Velmurugan died after setting himself on fire in front of the Madras High Court two years ago; Periyasami hanged himself in the Thiruthani Revenue Officer’s office; as also Rajeswari from the Panniyandi community in Edappalayam, Thiruvannamalai”, Dilli Babu of TNTA said.

Non-Compliance of Court Orders and GO

For the past decade and a half, the tribal community has faced a significant setback in obtaining ST community certificates. The TNTA accused several Revenue Divisional Officers (RDOs) and Tehsildars of not respecting High Court orders and Tamil Nadu GO.

“The High Court orders and G.O. 104 issued by the state government states that children and blood relatives of parents who already possess ST community certificates should also be issued ST certificates. But, most officials refuse to implement the orders”, Dilli Babu said.

There are allegations of revenue officials in Madurai, Dindigul, Palani, Tirupattur, Mettur, Aruppukottai, Virudhunagar, and Dharmapuri continuing to reject applications for tribal community certificates, forcing applicants to file appeals or subjecting them to further investigation by anthropologists, causing continued harassment.

The Pulayan and Vettaikaran tribes were included in Tamil Nadu’s tribal list till 1974 and in 1975. These two tribal communities were removed from the list, for unknown reasons. The Vettaikaran community was included in Puducherry government’s tribal list in 2016, but the struggle in Tamil Nadu for inclusion continues for several years.

Reservation and Housing Land Pattas

According to the 2011 Census, there are 969,654 tribal people in the state. However, reservation covers 1.04%. The Tamil Nadu government’s new order to provide housing land pattas has come as a relief to the tribal people, who are homeless, landless, and survive on daily wage labour. A speedy assessment should be conducted to provide free housing land pattas to all homeless tribal people, said TNTA.

“What is worse is that the state government has returned unused funds allocated for the welfare of Dalits and tribal people. In the past 10 years, approximately Rs 5,318 crore have been returned without being spent”, Dilli Babu said.

Forest and Land Rights

The Forest Rights Act 2006 (FRA) came into effect in Tamil Nadu from 2016, which ensures land rights to tribal people and traditional forest dwellers living in forest lands. Despite the act being in place for the past several years, only 15,000 applications have been processed, and have led to the disbursal of individual land pattas and community land rights.

“Community certificates are the central point for obtaining education and employment opportunities. Filling backlog vacancies according to reservation quotas and fully implementing the FRA are necessary to protect tribal people from marginalisation and position them as a community with all rights like other social communities”, Dilli Babu told NewsClick.

Courtesy: Newsclick

The post TN: Tribals Demand Better Reservation, Allege Hurdles in Getting ST Certificates appeared first on SabrangIndia.

The association has been urging the state government to expedite measures to fill up the backlog vacancies in state government departments, land titles for the needy, waiving loans availed by tribal women from microfinance companies and infrastructural facilities for schools, healthcare facilities and tribal hostels.

Poor FRA Implementation 

Ever since the FRA was enacted 17 years ago, Tamil Nadu has fared poorly in executing the provisions, aimed at empowering tribals and traditional forest dwellers with regard to their right to land holdings.

Addressing the protesters, state secretary of the Communist Party of India (Marxist) [CPI(M)], P Shanmugam, said, “In the past 17 years, only 15,442 titles were distributed to the tribals as per the FRA, which is not even 1,000 titles per year. This shows the lack of will from the government and the bureaucracy in implementing the Act”.

The TNTA has accused the administration of rejecting the applications without adequate enquiry and pending of applications due to lack of survey processes. The demands of tribals residing in several tribal hamlets, including Kallakurichi Vellimalai, Tirupathur Javathimalai, Tiruvannamalai Javathumalai, Kollimalai, Salem Kalvarayan Malai, have been pending for several years.

“The state government has constituted a committee headed by the chief secretary to implement FRA, but not even a single meeting has been held so far”, Shanmugam alleged.

Denial of Certificates Affecting Education

Several tribal communities are facing the daunting task of getting their ST community certificates, despite a government order in place to facilitate the same. Communities including Kattunayakan, Malaivedan, Malai Kuravan, Kondareddys, Kurumans, are badly affected by the delay in issuing community certificates, especially with regard to education.

The GO 104 was issued, after the intervention of the Madras High Court to ensure the disbursal of ST community certificates to the children of those parents who are in possession of the ST certificates. The TNTA has accused the district officials of withdrawing the certificates issued to the parents. This hampers the prospects of the tribal students who are longing to pursue higher education and those who seek employment as per the existing reservation rules.

Communities Removed From ST list

Another major demand is the inclusion of communities like Malayali, Kurumans, Pulauan, Vettaikaran and Kuravan from Erode district again in the ST list. The members of the community are left in the lurch after they were removed from the list of ST communities 10 years ago.

During the talks held with the secretary of Adi Dravidar and Tribal Welfare after the protest, the government informed TNTA that the recommendation to include the communities back to the ST list has been submitted to the union government.

The government also agreed to hold surveys with the help of the tribal youth to ensure the distribution of lands to tribals in Kollimalai, Kalvarayan Malai, Kallakurichi Vellimalai.

Courtesy: Newsclick

The post TN: Tribals Flay Govt Delay in Clearing FRA Applications, Issuing ST Certificates appeared first on SabrangIndia.

Background of the case

The land in question originally belonged to Chuchrung, who passed it down to his two sons, Mardan and Puni Ram. Both sons inherited the property jointly. Mardan and his wife died in 1951, leaving behind three daughters—Jagmati, Tilobai, and Nanhibai—while Puni Ram passed away in 1960. The plaintiffs, descendants of Puni Ram, claimed exclusive ownership of the property, arguing that since Mardan died in 1951—before the HSA, 1956, came into force—his daughters could not inherit the property under the then-prevailing customary laws or Hindu law. According to their argument, Mardan’s share reverted to his brother Puni Ram. Conversely, the defendants, representing Mardan’s daughters and their descendants, argued that Sawara customs should govern the inheritance and that they had a rightful claim to the property.

The Act, which granted inheritance rights to daughters, came into effect in 1956, years after Mardan’s death. Prior to its enactment, Hindu law and customary practices often excluded women from inheriting property. The trial and appellate courts relied on the argument that the Sawara tribe had adopted Hindu customs and principles, thereby disqualifying Mardan’s daughters from inheriting under the legal framework of that time.

However, the High Court rejected this interpretation, pointing out that Section 2(2) of the HSA, 1956, explicitly excludes Scheduled Tribes unless specifically notified by the government. The High Court emphasised that tribal customs—not Hindu law—should govern the inheritance in this case. However, it allowed the property to the daughters on the basis of justice, equity and good conscience.

Supreme Court’s judgment

The Supreme Court upheld the High Court’s ruling, reaffirming that the HSA, 1956, did not apply to Scheduled Tribes unless expressly notified. However, recognising the principles of justice, equity, and good conscience, the Court allowed Mardan’s daughters and their descendants a share of the property. This balanced approach acknowledged the need to respect tribal customs while addressing the broader issue of gender inequality in inheritance rights.

The judgment underlined that denying Mardan’s daughters any claim to the property solely because of the timing of their father’s death and the non-applicability of statutory law would perpetuate unfairness. By invoking equitable principles, the Court ensured that the daughters were not left entirely dispossessed, setting a precedent for similar disputes involving tribal customs and gender justice.

Evolution of Women’s Property Rights The case reflects India’s broader struggle to establish gender equality in property rights. Historically, women were excluded from inheritance under patriarchal customs and laws.

• Before Independence: Women’s property rights were dictated by customary laws, which heavily favoured male heirs. Women had little to no economic independence.
• Hindu Women’s Right to Property Act, 1937: This marked a step forward by granting limited inheritance rights to Hindu widows, although these rights were often subordinate to those of male relatives.
• Hindu Succession Act, 1956: The Act aimed to eliminate gender-based discrimination, granting women absolute ownership under Section 14. However, loopholes allowed fathers to disinherit daughters by relinquishing their shares.
• Hindu Succession (Amendment) Act, 2005: This amendment ensured equal rights for daughters in ancestral property, placing them on par with sons. The landmark case of Vineeta Sharma vs. Rakesh Sharma (2020) [(2020) 9 SCC 1] further reinforced these rights. In this case, the Court ruled that daughters have equal coparcenary rights in Hindu joint family property by virtue of their birth, irrespective of whether their father was alive when the Hindu Succession (Amendment) Act, 2005, came into effect. This judgment clarified that the 2005 amendment is retroactive, applying to daughters born before or after its enactment, thereby ensuring they possess the same rights and liabilities as sons in ancestral property.

Challenges for tribal (Adivasi) women

Despite advancements in statutory law, tribal women often remain excluded from inheritance due to customary practices. Section 2(2) of the HSA, 1956, preserves tribal autonomy by excluding Scheduled Tribes from its ambit unless specifically notified. While this protects cultural traditions, it often entrenches gender inequality.

Why the case matters

The case of Tirith Kumar vs. Daduram highlights the importance of interpreting laws in context. The timing of Mardan’s death and the inapplicability of the HSA, 1956, raised questions about how inheritance rights should be determined for Scheduled Tribes. By invoking equitable principles, the Supreme Court ensured that the daughters were not left entirely without a claim, setting a significant precedent for future cases involving tribal communities. The court reiterated a suggestion/recommendation made in Kamla Neti v. LAO[(2023) 3 SCC 528] to the Central Government in which it directed to examine the issue of survivorship rights for female tribals and consider amending the Hindu Succession Act to withdraw the exemptions that make it inapplicable to Scheduled Tribes.

While judicial interventions address some inequities, systemic reforms are necessary. Extending the provisions of the HSA, 2005, to Scheduled Tribes could provide a more inclusive framework for property rights. However, such reforms must balance the need for gender equality with the preservation of tribal autonomy and cultural identity.

The judgement of the Supreme Court may be read here

(The author is part of the organisations legal research team)

Related:

A right half won, evolution of women’s right to property under the Hindu Succession Act

Will a “Uniform Civil Code” abolish the Hindu Undivided Family (HUF) and coparcenary rights over ancestral property for Hindu males?

“Anniversary Tribute: Think Hindu Widows’ Remarriage, Think Vidyasagar”

The post Supreme Court: Does the Hindu Succession Act, 1956 apply to the Sawara tribe? appeared first on SabrangIndia.

The incident:

On the fateful day of January 2, 2006, tribal villagers from the Kalinga Nagar area assembled to protest the construction of a boundary wall for the Tata Steel plant. The locals, who had lived on the land for generations, had already been displaced by the project, but were yet to receive proper rehabilitation or compensation. As the villagers gathered in protest, demanding justice and the halt of construction on their ancestral land, the local government, led by a coalition of the Biju Janata Dal (BJD) and Bharatiya Janata Party (BJP), dispatched hundreds of police officers to secure the site.[1]

When the levelling machine was doing its work, the protestors wanted to enter the rope cordon and stop the machine; the police tried to stop them. So, there arose a situation where there was pushing and pulling from both sides. In their attempt to scare the protesters, Police used teargas shells, and rubber bullets. When ‘peaceful’ means failed to disperse the crowd, police resorted to live ammunition. All this was done in quick succession. The tribals, some armed with bows and arrows, fought back in self-defence. But their resistance was met with a brutal crackdown. Twelve tribal villagers, including women and children, were shot dead by police. A 13-year-old boy and three women were among those killed.[2] This massacre triggered widespread protests and solidarity across the region. The tribal villagers, who had lost their loved ones in the police firing, were joined in solidarity by steel workers, many of whom worked at the Jindal and Mesco steel plants located in the Kalinga Nagar industrial zone. In an act of defiance against the authorities and in support of the oppressed villagers, the steel workers at both Jindal and Mesco plants went on strike.[3]

Inquiry commission and its failures:

In response to the nationwide outcry over the Kalinga Nagar massacre, the state government initially constituted the Justice A.S. Naidu Commission to investigate the police firing and the subsequent deaths. However, in May 2007, the Supreme Court intervened, ruling that a sitting high court judge could not head an inquiry commission, leading to the dissolution of the Naidu Commission. Subsequently, in January 2008, the Justice R.K. Patra Commission was formed to continue the investigation. However, in a turn of events, the commission was abruptly dissolved after Justice Patra was appointed as the Lokpal. The inquiry was once again shifted, and the Justice P.K. Mohanty Commission was given the responsibility of continuing the probe into the tragic incident. The commission, headed by Justice Pradyumna Kumar Mohanty, took almost a decade to submit its report.[4] Yet, despite the chilling evidence of excessive police violence, no meaningful action was taken against the police officers or government officials responsible for the deaths.

The Justice P.K. Mohanty Commission Report, tabled in the Odisha Assembly after two years of its submission, offered a controversial justification for the tragic Kalinga Nagar police firing. According to the Commission’s findings, the Executive Magistrate had no choice but to authorize live firing on the “riotous mob” due to the failure of all other deterrent measures. The report states, “In my considered opinion, there was no option for the Executive Magistrate than to pass orders for opening of live firing on the riotous mob when all deterrent measures i.e. firing of Tear Gas shells, Stinger shells, Stun shells and then firing of Rubber 88 bullets and the firing to air failed to scare away and disperse the mob.”[5] This explanation was met with criticism, as many argue that the use of lethal force was excessive and unjustified, particularly given the nature of the protest and the presence of unarmed tribal villagers. The injuries sustained by the victims were telling many were shot in the face at close range, raising serious questions about the use of force. If the goal was to deter the protesters, why did the police target their faces, a vulnerable area far above the waistline? This suggests that the police were not merely trying to disperse the crowd, but were deliberately aiming to kill.[6] While the inquiry report on the Kalinga Nagar massacre acknowledged that the expressions of discontent by the tribal communities regarding the acquisition of their land were “peaceful and democratic,” it failed to address the critical issue that fuelled the unrest: the administration’s and elected representatives’ handling of the matter, particularly concerning the lack of adequate compensation and rehabilitation for the displaced people.[7]

Dehumanized after death:

The tragedy did not end with the killings. After the victims were shot, their bodies were further dehumanized. The disfigurement of the bodies occurred shortly after the massacre, when authorities had reportedly removed the palms in an attempt to collect fingerprint evidence for identification purposes. The palms of five of the deceased were severed to ascertain their fingerprints, as their faces had been disfigured due to close-range gunfire. This brutal act, which was later condemned by the Odisha Human Rights Commission,[8] added to the humiliation and pain experienced by the grieving families. However, years later, when the palms were returned to the families of the deceased victims, they were met with refusal. The victims’ relatives demanded a DNA test to confirm the identities of their loved ones, rejecting the returned palms. Once the DNA results verified their authenticity, the community accepted the confirmation. The preserved palms were then carefully stored in a medical box at the club, where they remained until they were later found to thrown down near the memorial dedicated to the victims. This act had sparked outrage and renewed trauma among the local tribal communities, many of whom view the treatment of the victims’ bodies as an added layer of disrespect and dehumanization.[9]

The poverty of development:

The fears and concerns voiced by the tribal communities of Kalinga Nagar have tragically become a harsh reality, as the plight of the displaced people continues to worsen. The land acquisition for the Kalinga Nagar steel plant, which led to the 2006 police firing that claimed the lives of 13 tribal individuals, was supposed to bring development and prosperity to the region. However, nearly two decades later, the displaced people remain trapped in a cycle of poverty and deprivation, with little to show for the promises made by the government and corporate entities.  While Odisha is rich in natural resources, including about 30% of India’s iron ore and 24% of its coal reserves, the wealth extracted from these resources has not benefited the state’s impoverished tribal communities. The construction of steel plants, including the Kalinga Nagar complex, has displaced thousands of tribal people who remain among the poorest in India, with little to no access to the economic opportunities promised by industrialization.[10] Despite being home to a wealth of minerals, Kalinga Nagar and the surrounding districts have seen little improvement in the living conditions of the displaced people. Villages in the area are riddled with poor infrastructure, lack of sanitation, pollution, and inadequate housing. The authorities, who are supposed to ensure the well-being of the local population, have shown a disturbing reluctance to address the suffering of the displaced families.

A nation’s failure to address systemic injustice:

The Kalinga Nagar massacre remains a tragic chapter in India’s history, symbolizing the dehumanization of marginalized communities, the unchecked power of corporates, and the violence of state repression. Nineteen years later, the families of the victims continue to mourn the loss of their loved ones, with little to show for the countless protests and calls for justice that have echoed through the region.[11] The tribal villagers, who were promised rehabilitation in exchange for the land given to Tata Steel, were left in limbo. The compensation and rehabilitation packages were either delayed or inadequate. Despite the acquisition of the land for over a decade, the affected people had not been properly resettled or compensated. This resulted in heightened tensions and an increasingly hostile environment between the people and the state. The discontent among the villagers was deep, and it could have been addressed through a more transparent, humane approach from both the government and the corporates. Instead, the state chose violence as a means of resolving the issue. The failure of the authorities to ensure the dignity and rights of the tribal communities led directly to the Kalinga Nagar massacre.

The question still remains unanswered that why did the state prioritize the interests of a powerful corporation over the lives of its own citizens? Why did Tata Steel, a company that prides itself on its social responsibility and nationalist image, remain untouched by the consequences of the killings? And why, despite an inquiry and widespread outrage, has no one been held accountable for the deaths of 13 innocent people? As we remember the victims of Kalinga Nagar, we must ask these questions and continue to fight for justice, not just for those who lost their lives, but for the countless other marginalized communities whose voices are silenced in the name of development and profit.

[1] https://www.downtoearth.org.in/urbanisation/tribals-observe-13th-anniversary-of-kalinga-nagar-firing-62658

[2] https://www.wsws.org/en/articles/2006/01/oris-j17.html

[3] https://www.wsws.org/en/articles/2006/01/oris-j17.html

[4] https://www.newsclick.in/kalinganagar-police-firing-2006-killed-13-tribals-was-justified-says-enquiry-commission

[5] https://www.newsclick.in/kalinganagar-police-firing-2006-killed-13-tribals-was-justified-says-enquiry-commission

[6] https://www.hindustantimes.com/india-news/chopped-palms-of-five-tribals-killed-found-scattered-in-odisha-club/story-BIm7V4GXABCZpOAWaPzvgO.html

[7] https://www.newsclick.in/kalinganagar-police-firing-2006-killed-13-tribals-was-justified-says-enquiry-commission

[8] https://www.hindustantimes.com/india-news/chopped-palms-of-five-tribals-killed-found-scattered-in-odisha-club/story-BIm7V4GXABCZpOAWaPzvgO.html

[9] https://www.indiatoday.in/india/story/10-chopped-palms-recovered-in-odisha-1391510-2018-11-19

[10] https://www.newsclick.in/kalinganagar-police-firing-2006-killed-13-tribals-was-justified-says-enquiry-commission

[11] https://www.newindianexpress.com/states/odisha/2023/Jan/03/tribals-offer-tributes-to-kalinga-nagar-victims-2534260.html

Related:

15 years on, memories of the Kalinganagar massacre still haunt

The post Remembering the Kalinga Nagar Massacre: A tragic reminder of a 19-year struggle for justice after the brutal police firing on tribal protestors appeared first on SabrangIndia.

Most Sahariya hamlets tend to be located away from the main village settlement, often on hilly land, reflecting the marginalized state of the community. In Mathurapur village too the Sahariya settlement is located some distance away and even their paths have been encroached upon by others, making the approach even more difficult.

All except a very few families are landless. Only a few families have received the benefit of PM Awas scheme for housing. To get their houses constructed under this scheme, the beneficiary families had to put in some of their own contribution too, and for this they had to borrow at the high interest rate of 5% per month.

A pipeline for water has been installed here but people here have not yet started receiving water in their taps. Hence the community here is still depending entirely on two hand pumps for their water needs. In heat wave conditions these hand pumps are unable to maintain the same water yield as before, adding to the woes of people.

Hardly any employment has become available to people under NREGA or rural employment guarantee law in recent times.

Under these conditions there is no other alternative to migrate for a few weeks to various places wherever employment becomes available, in crop harvesting or any other work. However as several women here explained, conditions at these work sites can be extremely difficult as they have just a few polythene sheets, or pannies as they call them, to try to somehow obtain protection from extreme hot or cold weather, or from rains.

In another Sahariya hamlet of Semariya village women complained bitterly that sometimes the wages which has been agreed upon are not paid fully and sometimes they are even sent back without wages being paid at all.

As they are in a vulnerable condition at new places, they cannot resist such exploitative practices, they said. If the labour department intervenes in such cases promptly when complaints are made then they can hope to get some relief.

They are able to get the ration under the public distribution system, which is a big relief, but find it difficult to get the nutritious food from anganwadis, they said.

Apart from other familiar problems faced by anganwadis, this settlement also faces a special problem of excessive exposure to low-hanging high tension electricity wires, a constant source of hazard and danger.

Some time back when electric wires fell, five houses of the community were burnt as a result of this. Although some officials visited the village to make some inquiries, they have still not received any compensation for this loss, although due to their poverty and vulnerability they should have received this compensation payment very promptly. In addition they say that a protective cover below the wires should be provided to avoid such accidents in future.

Hardly any employment has become available to people under NREGA or rural employment guarantee law in recent times

While emphasizing all these problems the women of these two villages also stated with one voice that there is urgency of checking liquor consumption and addiction among male members of the community as hard earned meager income of the community, to which women also contribute a lot, is being wasted on liquor instead of improving nutrition or health or providing for better education of children.

Liquor consumption and the resulting domestic violence has a very adverse impact on children too, they said. In addition, the habit of chewing guthka is spreading very fast, adding further to health problems.

Women said with one voice that while better livelihood opportunities and welfare schemes are certainly needed, in addition social reform to reduce liquor and intoxicant consumption is a must for providing genuine relief as well as sustainable development opportunities to people.

Parmarth, a voluntary organization, has been trying to help these communities in various ways. As Gaurav Pandey, a senior member of  Parmarth’s team explains, most of the involvement is in the context of educational and water issues, but in addition the organization also tries to help in locating some employment opportunities closer to home so that dependence on migrant labour can be reduced.

However, he agrees that much more needs to be done to increase the sustainable development opportunities for the Sahariya community.

Dalip Verma, another member of Parmarth’s team more involved with Semariya settlement, says that he intends to seriously pursue the issue of getting the compensation payment for the Sahariya community’s houses burnt by high tension wires in the Sahariya hamlet of Semariya village. If this compensation payment can be arranged, it will be a welcome case of justice delayed but not denied.

*Honorary convener, Campaign to Save Earth Now. Books: “Man over Machine”, ”A Day in 2071” and “Navjeevan”

Courtesy: CounterView

The post Jhansi tribals had to borrow at 5% per month to build houses under PM Awas appeared first on SabrangIndia.

On March 4, when Kalpana Soren became active in politics, Hemant Soren’s wife had tears in her eyes. When she met eNewsroom on May 4, after two months, she was full of confidence. With a smile on her face and a green dot on her forehead, she was presenting the picture of an ’empowered woman’.

38-year-old Kalpana Soren has studied engineering and MBA, she can speak in four languages ​​– Hindi, English, Oriya and Bengali. In the last 60 days of being active in politics, it was visible that she is learning fast all aspects of politics. Answering the most complex questions of journalists and spending maximum time among her voters. Read her interview.

eNewsroom: Seeing and talking to you gives a glimpse of an empowered woman, how much role does the Soren family have in your empowerment? And also share your political experience so far.

Kalpana Soren: The hard work that Baba (Shibu Soren) has done over the years and the amount of time Hemant ji has spent to know the people of Jharkhand, they have taught me that you should always live with dignity and confidence. Because attempts will be made to crush you, as it was done with Baba and is being done with Hemant ji. He told me that if you are fearless and you want to do what you say, you have to be confident in it. These are the most important things in his love and education.

As far as my experience in politics in the last two months is concerned, everyone is working hard and I am also doing it. Everything is a first for me, everything is new. There is nothing tailor-made for me. I am learning. I will try to do the best I can. And to fulfill the expectations people have of me.

eNewsroom: Do you think that tribal leadership is not allowed to flourish in the country, first Shibu Soren had to go to jail when he was a minister and now Hemant Soren who came to power with a majority but landed in jail?

Kalpana Soren: When our country had not even dreamt of independence, all our revolutionaries like Baba Tilka Manjhi, Birsa Munda, Sidho Kanho, Phulo and Jhanno had taken up arms against the British. When they took up arms, they used to live in the forest. It is a matter of thinking, how is your upbringing? Whether you know how to bow or not. And what your DNA says. I always say that the DNA of the tribal is such that it cannot accept bowing down before anyone. So when Baba Tilka Manjhi did not bow down, Guruji did not and Hemant ji did not bow down, then I always felt that an attempt was being made to suppress the tribals. But I know that Adivasi is a seed on which no matter how much soil you put on it, it will emerge as a plant and when it bears fruit, it will give more seeds.

As far as tribal leadership in the country is concerned, the time will soon come when the country will get some tribal leadership.

eNewsroom: Since many women, as well as women voters of the Gandey assembly, are watching and listening to you attentively, would you like to say something to them?

Kalpana Soren: I appeal to the women of Gandey to give me a chance. I have left my home and family and want to make Gandey my home. Want to work for you. And I want to work not just for mothers and sisters but for all human beings.

The post Empowered and Engaged: Kalpana Soren’s Political Resilience appeared first on SabrangIndia.

The BJP government has put its foot forward with increasing the budget for scheduled tribes from Rs 4,295.94 crore in 2023-2022 to Rs 12,461.88 crores in 2023-24.

Amidst other steps, the government has also allocated about Rs 24,000 crores towards the Pradhan Mantri Particularly Vulnerable Tribal Groups (PM PVTG) mission. The BJP also highlights the appointment of Droupadi Murmu as the first tribal President. Congress on the other hand has released in its manifesto and it has promised to protect the Jal, Jangal, Zameen of the Adivasi. Furthermore, it has also stated that the party will repeal all the amendments made to the Forest Conservation Act (2023). The amendments were criticised and saw heavy protests as they are seen to be diluting the historic rights granted to tribal communities by the Forest Rights Act 2006.

The run up to the elections in Madhya Pradesh, Rajasthan and Chhattisgarh were seen by many to be indicative of the fate of the BJP in these states as well as its hold on the tribal community in the coming Lok Sabha elections. Each of these states has a sizable population of Scheduled Tribes. Madhya Pradesh has 21%, Chhattisgarh has 30 %, and Rajasthan has 13 %, according to the 2011 Census. Many of these poll-bound states saw hate speech against Muslims and tribals during the run-up to the election, particularly in Chhattisgarh and Rajasthan. The BJP was reportedly campaigning heavily in tribal belts during the elections, invoking the name of Birsa Munda. In Rajasthan, where over 5697 villages have been designated as Scheduled Area, there were several hate speeches invoking Mughals, the hijab and so forth. In Pipalda, where Scheduled Tribes comprise about 22% of the population, UP CM Yogi Adityanath visited and gave a speech decrying the Mughals. However, while BJP was victorious in the Rajasthan assembly elections, tribals in the state have not been too happy. This has led to new parties to gain ground in the state. The Bharat Adivasi Party is one such example that fills this gap between the aspirations of the people and the political representation. The party won one assembly seat in the 2018 assembly elections and then later won 3 seats in the 2023 elections. Interestingly, the party also gained grounds in Madhya Pradesh’s Ratlam district and won a seat there as well. The party was reportedly founded by Rajkumar Roat, member of the Bhil tribe, who won the Chorasi seat in Rajasthan by a margin of over 69000 votes. The BJP won 22 out of 47 of the reserved seats for Scheduled Tribes in Madhya Pradesh, while Congress won 20. In Chattisgarh, it seemed there was more emphasis on taking up the bogey of Rohingyas as people who will take the/your land. The state also saw a visit by Assam CM Himanta Biswa Sarma. BJP won 17 of 29 reserved seats for Scheduled Tribes in the state in 2023.

Related:

Will they, or won’t they? Making a case for Adivasi (tribal) rights during the 2024 Indian elections

With less than two weeks for polling, how concerned are national parties on land and forest rights for Adivasis?

The case for forest rights in the republic of India: why should the BJP be worried?

The post Tribal leaders emerge, as national parties find it difficult to win trust appeared first on SabrangIndia.

What is more, corruption and payment of commissions has been avoided in this particular village, although it is a common practice elsewhere. In the case of most of the households here, almost all of the house construction (leaving aside plastering) has been completed. If several of them have not yet moved in, it is because an auspicious worship considered important in their culture is still awaited. They too will move in soon.

However, even at the peak of this success a few very troubling questions have been left behind. Even without plastering and whitewashing and some finishing touches, the government funds were not adequate for the house and as these are really very poor people with no savings and with precarious livelihoods, they had no option but to borrow the remaining money at a high rate of interest from private moneylenders.

The result is that they have the new house but have to return a high sum on weekly basis which may be very difficult to pay particularly during the lean season of livelihood opportunities. The lenders have stated clearly that they have to return the loan instalments in time no matter what the compulsions of borrowers are.

Villagers gave this breakdown of the minimal expenditure for the two room house constructed under this scheme (in Rs):

7000 bricks — 42,000

Sic quintal iron bars — 36,000

Two trolley stones (gitti) — 6000

70 sacks of cement — 22,000

Five trolleys of sand — 15,000

Doors etc. — 10,000

Mason –12,000

Plastering — 25,000

Whitewashing, misc, labour other than mason, interest payment in the course of house construction as government funds are released in instalments, money spent when overcharged etc. If toilets and washrooms are to be constructed, these too need funds. There are no toilets in this village yet.

Keeping in view all these aspects and inflation, what these villagers need is about Rs 2 lakh for a housing unit, and not Rs 1.20 lakh in three instalments (each instalment paid after certain work has been completed).

In this particular village, bribes have not been given or taken in the housing scheme, the villagers said. However, elsewhere when bribes are common, the situation becomes even more difficult for the really poor households selected under this scheme.

In this village, bribes have not been given or taken in the housing scheme. However, elsewhere the bribes are common

Another question relates to the unskilled work done by the beneficiary household members. They are supposed to be paid for this and have been told the likely sum is Rs 18,000 or so, but they have not received this yet. The scheme of Rs 12,000 for toilet construction has also not reached this village yet, and regarding this it is often stated that this amount should be increased keeping in view real expenses needed for proper construction in inflationary times.

In Dafai in some cases old kutcha houses were demolished when new ones were constructed, but in some cases these were not. I saw a new house which has been beautifully integrated with the old dwelling. This family has constructed the new house in such a way that both can be used together and are almost attached to each other with a little open space in between.

As the lady who gracefully showed me around her home said happily: “In the winter and rain I like to live in the new pucca house but in the hot weather which exists during most of the year actually I still like to live in the old mud dwelling.”

This is also a reminder of how the old kutcha house also has its uses, all the more so in times of climate change, so the best situation in many villages may be for beneficiaries of this scheme to retain both the new and the old house.

However, the new loans are truly troubling. One lady told me that her family has to pay Rs 840 per week for the next two years, while another lady said that she has to pay back Rs 1200 per week. They both said that the private moneylenders have stated very clearly that they are going to be very strict in taking back their loans in time.

Hence, there is a strong case for raising these payments and for ensuring early payment of the wages due for the household’s contributed labour. It will be helpful also to ensure that toilets and washrooms are provided wherever these do not exist. 

*Honorary convener, Campaign to Save the Earth Now. Recent books: “Protecting Earth for Children”, “Man over Machine” and “India’s Quest for Sustainable Farming and Healthy Food”

Courtesy: CounterView

The post Not livable in summer, Chitrakut PM-Awas houses ‘push’ tribals in moneylender trap appeared first on SabrangIndia.

The LTA provides for the establishment, administration and management of a system of title registration of immovable properties. The LTA 2023 will replace the judicial courts in the dispensation of land justice through Civil Courts with an executive system to determine land titles and ownership. Lawyers representing several Bar Associations in the State are strongly opposing the LTA tooth and nail.

This Act has been enacted in utter disregard to tribal land rights enshrined in the Land Transfer Regulations 1 of 70 promulgated under Fifth Schedule to the Constitution which prohibits transfer of land situated in the Scheduled Area in favor of non-tribals. The object of this Regulation is to regulate the transfers of the land in the Scheduled Area.

In fact, as per the Land Transfer Regulations 1 of 78 and 1989 Rules, permission is required from the Collector to even register the permissible land transactions among tribals in the Scheduled Area. The provisions of LTA are against these rules.

The LTA enables the land titling officers to prepare record of titles on the basis of existing land related information, notify such records and provide conclusive title to these notified entries. This process of registration of land titles will negate the tribal land rights. Land records in the Scheduled Area do not reflect the actual position on the ground.

The notification issued under the Act with the entries of land parcels and names of the certificate holders will give clean chit to the transfer properties of the tribals to another unless there are any pending disputes or are covered by any court orders.

The separate procedure prescribed for registration of transfer application is guided by the LTA. Aggrieved by the order of the title registration officer, and there after the appellate authority who is the land titling appellate officer, only the second appeal lies with the HC.

Under a conclusive land titling system, land records have to designate actual ownership which is impossible in tribal areas. Because, under the provisions of Land Transfer Regulations 1 of 70, if any non-tribal is in possession of the property in the Agency Tracts, it is presumed that he or his predecessors acquired the same through a transfer made to him by a member of Schedule Tribe which is prohibited. The tribals are defacto the de jure owners of the land situated in the Scheduled Area.

The constitutional validity of the provisions of LTR was upheld by the Supreme Court in P Ramireddy vs State of Andhra Pradesh in 1988. After noticing the provisions of the Fifth Schedule to the Constitution, the Supreme Court in Samata Vs State of AP in 1997, was of the view that the State Government stood prohibited from transferring Government land in a Scheduled Area to a non-tribal person.

The past experience showed that the non-tribals who infiltrated the Scheduled Area had appropriated the tribal lands through clandestine and dubious transactions and in violation of tribal protective Land Transfer Regulations. The unscrupulous non-tribals also obtained settlement pattas over tribals lands fraudulently in collusion with the corrupt officials.

Now such existing land deeds will help non-tribals to seek legitimization of their illegal land holdings through LTA. LTA enables the authorities to decide the ownership over immovable properties on the basis of current possession which is questionable under the LTR.

The LTA affirms that the title recorded in the register of titles will be considered as proof of the marketable title of the title holders though there is a clear prohibition on marketing the immovable properties by non-tribals or tribals in favor of non-tribals in Scheduled Area.

Moreover a Full Bench of High Court of AP in 1993, observed in V.Somalamma Vs Dy. Collector, Tribal Welfare that all laws made applicable to the Scheduled Areas “indicate an anxiety to safeguard the interest of the tribals in the Scheduled Areas and to see that the land in the Scheduled Areas should be in possession of tribals only”.

The High Court of Andhra Pradesh held in Pathipati Rangamma Vs Agent to the Government at Khammam District (2010(4) ALD 769) that the transfer, if found in contravention of the provisions of Land Transfer Regulations 1 of 70, will not be saved by virtue of validation under the provisions of Record of Rights Act 1971.

As per Panchayat Extension to Scheduled Area Rules 2011, all the land transfers shall be placed before the PESA notified Gram Sabha for its review in order to ensure correct land entries in record of rights.

Till now, non-tribals who infiltrated Scheduled Area would appropriate tribal lands through clandestine, dubious transactions 

There is an express embargo on the Civil Courts on entertaining any proceedings on matters covered by the LTA. The Agency Courts are specially empowered to adjudicate civil matters arising from the Scheduled Area under Andhra Pradesh Agency Rules 1924. The Supreme Court upheld the functioning of these courts in determination of civil matters in the Scheduled Area in 2012.

Therefore the Land Titling Act cannot oust the jurisdiction of Agency Courts in determining the legal title over the immovable properties situated in the Scheduled Area. Under the LTA, High Court has revision and appellate jurisdiction over the matters dealt by executive authorities.

As per Section 64 of the Land Titling Act, individuals are liable for the punishments extending to six months imprisonment or fine up to fifty thousand or with both, for furnishing false information or concealment of information. But there is no such penalty provision under the LTA when recording land titles in favor of ineligible individuals by the title registration officer and land titling appellate authority.

However, the model Land Titling Act circulated by Niti Ayog, union of India to the States provides a penal provision to the officers appointed under the Act for causing harm to the property affecting the interest of persons willfully.

The power to remove the difficulties in implementing the provisions of LTA is limited to only two years; the State even cannot exercise its power under the Act later, which is unconstitutional and arbitrary.

Though the Government claims that the LTA would reduce the land dispute litigations, but in fact it would foreclose the voice of tribals. Land titling would also help registration and regularization of land rights that arise from informal family settlements, unregistered deeds etc. LTA will increase landlessness and loss of land amongst tribals promoting land alienation in a large manner.

The Act helps to ‘change the status of preexisting rights in land one way or other through its institutional mechanism. This results in the LTA further deteriorating the situation by legalizing illegal land holdings held by non-tribals triggering further dispossession of tribals. LTA also deciselvely crosses the path of the Article 244 Fifth Schedule as alo the SC and ST (Prevention of Atrocities) Act 1989.

All these indicate the urgent need to incorporate special provisions in the Land Titling Act to provide concrete safeguards to ensure that it actually secures tribal’s tenure rights against dispossession by non-tribals and business bodies.

Courtesy: CounterView

The post New Andhra law to hasten land alienation of tribal farmers, ‘legitimise’ illegal holdings appeared first on SabrangIndia.

“We have learnt that both the tribal activists — Chandra Mohan Mardi, a native of Peterwar block in Bokaro district, and Kanhuram Tuddu, a native of Sonua block in West Singhbhum district — were taken into preventive detention by the respective district police on Monday late night from their residences. Two other activists, Prithvi Murmu and Vikram Hembrom, have also been detained by Bagbera police in Jamshedpur,” announced Adivasi Sengel Abhiyan national president and former BJP MP of Mayurbhanj (in Odisha) Salkhan Murmu to the media.

Modi is scheduled to visit Ulihatu in Khunti district on Wednesday to pay respect to revered tribal icon Birsa Munda. Adivasi (tribal) activists had threatened self-immolation if Modi during his visit to Ulihatu did not make an announcement on the long-standing demand of a separate Sarna religion code, the indigenous faith of Jharkand adivasis..

“Notwithstanding such excesses by the police against tribal activists, one of our women activist Premshila Murmu, also a resident of Sonua in West Singhbhum district, has threatened to self-immolate herself near the Birsa Munda statue in Sakchi, Jamshedpur, on Wednesday afternoon if the Prime Minister fails to make any announcement on Sarna dharma code,” Murmu added.

Shockingly however, later in the evening, Premshila was also taken into preventive custody by Parsudih police. Murmu also stated that he along with his wife (Sumitra) would undertake a fast between 10am and 1pm near the Sakchi roundabout in protest against the delay in the announcement of the Sarna code. Adivasi activists will also stage protests near statues, busts or photos of Birsa Munda at different district headquarters in Jharkhand on November 15, his birth anniversary, demanding the announcement of the Sarna code.

Bokaro superintendent of police, Alok Priyadarshi said the tribal activist (Mardi) has been taken under preventive detention and would be released on Wednesday. “Since he had threatened self-immolation, which is illegal, the police have placed him under preventive detention and would release him on Wednesday evening,” Priyadarshi said.

Adivasis (tribals) in Jharkhand, a majority of whom are Sarna followers and nature worshipers, have been agitating consistently for a separate religious identity in India for decades and in recent years have staged agitations in Delhi and other parts of the country.

Adivasis argue argue that the implementation of a separate Sarna religious code in census surveys would allow the tribals to be identified as followers of the Sarna faith. Tribal organisations have claimed that with Centre dropping the “Others” option from the religion column for the next census, Sarna adherents will be forced to either skip the column or declare themselves members of one of the six specified religions — Hindu, Muslim, Christian, Buddhist, Jain and Sikh.

Sabrangindia has done this in-depth analysis of the long tradition behind the Sarna faith in 2020. This may be read here.

This 2020 report had explained how, for years, tribal communities in the state asked for a separate ‘Sarna’ religion code in Census and other administrative forms. Their demand for a distinct religious identity has intensified recently in anticipation of the Census 2021. Various Adivasi parties including the Jharkhand Mukti Morcha (JMM) – current ruling party – supported indigenous groups by observing demonstrations and writing letters to Chief Minister Hemant Soren.

“Adi-dharma [Adivasi dharma] was practised much before sanatan dharma. Yet, their demand for a separate religion is denied, in turn denying their identity. Adivasis are forcefully converted to other religions. What kind of existence can one have if they don’t have an identity,” asked JMM General Secretary Supriyo Bhattacharya.

Sarna is a place of worship as well as a naturalist religion practised among Adivasi communities. Unlike Hindu rituals wherein people worship idols, adivasis who adhere to Sarna as a religion worship natural elements such as the sal tree or Mother Earth. This belief system is considered Hinduised due to certain similarities between the two faiths. However, adivasis claim that its blind grouping into Hinduism has adversely affected their population count.

A brief analysis of Census records shows that the Adivasi population has reduced from 38.03 percent of the state population in 1931 to 26.02 percent of the state population in 2011. This showed that the tribal population in Jharkhand had reduced by 12 percent in eight decades alone. The demographic table of Adivasis in Jharkand can also be seen in the report.

Related:

Sarna code: More than just a political tactic

Sarna code, a possible headache for right-wing supporters?

The post Jharkhand tribal activists agitating for a separate Sarna Code, arrested ahead of PM Modi’s visit appeared first on SabrangIndia.