| |
|
|
Adivasi Community in South India - historically marginalised and forgotten
The context
Adivasi communities have been historically marginalised and oppressed by the
dominant communities and interests that exploit tribal lands, resources, minerals,
and forests. The neo-liberal policies and schemes implemented by the State are
leading to further Marginalisation of tribals. The onslaught on their civil,
political, social, economic, and cultural rights has been continuing without
any halt and these patterns perpetuate extreme form of deprivation in many ways.
Their customary rights over natural resources such as forests, cultural identity,
traditional knowledge including intellectual property rights, cultural heritage and
traditional wisdom have been continuously put at stake due to the current developmental
paradigm of globalisation, liberalization and privatization. Forced eviction and land
alienation –the two critical facets of tribal rights violations have to be addressed with gravity.
The draft National Policy on Tribals- Flawed Fundamentally
Since Independence, for the first time in India’s history, Government has come up with the draft national
policy on Tribals. Even though it is a welcome step, its lacunas and ambiguity in addressing systemic issues
concerning Adivasi should be addressed comprehensively.
The draft national policy does not organically link with any other current policy,
programme &legal formulation and framework and it is largely remain as stand-alone piece.
Many other legal as well as policy frameworks such as 5th and 6th Schedules to the Constitution,
PESA Act, Forest Conservation Act of 1980, the Wild Life Protection Act of 1972 and the Land
Acquisition Act of 1894 are not taken into consideration while framing this policy draft.
As the Asian Centre of Human Rights puts it” harmonization of all the policies and programmes
and laws concerning the indigenous and tribals people’s should be the focus of a national policy.”
Even constitutional rights like the fifth schedule have been denied to tribals of South India except
in Andhra Pradesh. The tribal population in Southern States, despite their demand to declare scheduled
area, has been deprived schedule status for long time. Contrary to Government claims that tribal
populations are diffused in certain states, 4.3 %of tribal population in Karnataka, 1.1% population
in Kerala and 1.0% population in Tamilnadu, is concentrated in specific locations. The notification of
these areas as scheduled area has not been done due to insensitive approach of rulers and bureaucrats.
Even though, 6.3% of tribal populace of Andhra Pradesh has scheduled areas, tribal sub-plan has not been
implemented properly.
Mainstreaming Adivasis
The words ‘assimilation’ and ‘mainstream’ in the draft policy makes us question the ultimate goal of the
former NDA government. We demand to know how the current UPA Government would respond to Adivasi demands for
autonomy rather than assimilation.
Religion
The draft seems to be prepared in a hurry. The draft policy has completely ignored issues that have been
controversial for a long period. One such issue is the religious categorization of Adivasis as Hindus
irrespective of their own affiliation. The draft policy must rectify this.
Women
Another area of critical importance is gender issue. Tribal women and girls suffer multiple
forums of discrimination, exclusion and problems that are neglected by the draft policy.
Rights-Based Approach
The policy fails to refer to human rights. The normative basis of International Human Rights standards,
principles and instruments and their backward linkages to national and domestic legal policy framework
has been neglected. Therefore, the Government fails to implement these international obligations to
protect and promote Adivasi rights.
Child Rights
The policy should address the concerns of Adivasi children’s survival, protection, development
and participation with cultural and gender sensitivity.
Displacement and Land Alienation
The policy sanctions the displacement and land alienation of the tribals by stating that
displacement can be allowed in the name of “public interest.” This paves the way to displace
Indigenous people for every dam, mining, and tourism development that is deemed “in the public interest.”
Already the issue of forced eviction is looming large in the denial of rights in Nagarahole in Karnataka,
and due to the proposed extension of wild life sanctuaries Masinagudi in Nilgiris, Kodaikkanal in Tamilnadu.
Tribal communities of Arraku and Borra caves in Andhra Pradesh are facing innumerable
problems [cultural assault and etc], due to Ecotourism development by the state government.
The Forest Department in Kerala in nexus with tourism department has opened up ecologically
fragile and sensitive areas that would affect Adivasi communities in many ways.
It is to be noted with deep concern that as many as 4.65 lakh cases were registered by
January 1999 on alienation of 9.17 lakh acres of tribal land.
Participation
The so-called mainstream people do the draft policy formation and it doesn’t involve the participation
and appropriate representation of the indigenous people. For a more meaningful policy we should involve
the tribal representatives. This draft policy has failed to do so.
The Administration of tribals certainly needs the involvement of tribal representatives.
The draft policy denies the participation of tribals in their administration.
Education
The draft policy claims that formal education is the key to all-round development and proposes
that pedagogy is to be made relevant to Adivasi. How they are going to do this without informed
participation of Adivasi remains to be seen. Curriculum and pedagogy must be sensitive and relevant
to indigenous values, concepts, knowledge systems and history.
Traditional Knowledge Systems
The draft policy categorically says that transfer of traditional knowledge to non-tribal
areas is going to be the focus. The Government of India is bound by the United Nation’s
Convention on Biological Diversity (CBD), which requires Prior Informed Consent (PIC) and
access and benefit sharing for preservation of traditional knowledge and wisdom of the indigenous
people. But, the Biological Diversity Act 2002 of India fails to protect and promote the rights of
traditional knowledge of tribals. The BDA act should be amended to ban transfer of traditional
knowledge and native wisdom of indigenous people to non-tribal areas if guarantees for benefit
sharing and the right to free, prior and informed consent have not been implemented.
Patenting of indigenous knowledge and culture without PIC and benefit sharing by multinational/domestic
business and other industrial interests must be banned. This knowledge should be recognised as the rights
of communities collectively and without explicit, free and prior consent of the communities, these should not
be patented by any individuals or by the state.
Scheduled Area- Long pending demand
The state should genuinely consider the legitimate demand of Adivasi communities and take steps for
notification of schedule areas in Karnataka, Tamil Nadu and Kerala without delay. Sensitive engagement
of Adivasi communities for enforcement and effective monitoring of the policy should be evolved in a
meaningful participatory way.
Customary laws
The Adivasi communities’ rights to preserve and uphold their customary laws and practices should be
recognised in the draft policy and adequate provisions should be incorporated to operationalise these
concerns in the policy.
Governance Systems
Indigenous governance, administrative and justice delivery systems should be recognised and promoted.
Self-rule is the basis of Adivasi governance system and accordingly systemic changes should be introduced
in legislative, executive and judicial systems.
I hope this Southern Regional Assembly would critically analyze the draft national policy on tribals and
raise concerns of adivasis in a constructive manner that may lead to evolving an alternative framework
L.A.Samy
Convener, PGCI
Southern Regional Assembly on the Draft National Policy on Tribals, 4-5 Sep, 2004,Bangalore
|
|
|
|