DGHC under Deb

Siliguri, Feb. 27: The DGHC will be brought under the north Bengal development department, minister Gautam Deb said today.

He also said his department would extend its expertise to the Gorkhaland Territorial Administration once it was formed and replaced the DGHC. “We don’t want to differentiate between the plains and the hills for development,” Deb said.

The Gorkha Janmukti Morcha appeared surprised at Deb’s announcement. Party general secretary Roshan Giri said: “This is something new. We are striving for self-rule and what is the need to bring the DGHC under some new arrangement?” Courtesy:TheTelegraph.

Chotanagpur Tenancy Act: What next

What is the CNT Act?

The Chotanagpur Tenancy (CNT) Act, enacted in 1908 after the Birsa Movement to govern land issues and prevent land alienation, is supposed to be the Magna Carta for tribals. The blueprint of the act was prepared by John Hoffmann, a missionary social worker. Its operation is effective in North Chotanagpur, South Chotanagpur and Palamau divisions, including areas under various municipalities and notified area committees

What is its key provision on land?

Section 46 of the CNT Act restricts transfer of land belonging to Scheduled Tribes/Scheduled Castes and Backward Classes. However, a tribal may transfer his land through sale, exchange, gift or will to a fellow Scheduled Tribe member and residents of his own police station area. Similarly, SCs and BCs can transfer land to members of their own community within the limits of the district in which the land is located with prior permission of the deputy commissioner.

What is the high court’s latest ruling?

On January 25, Jharkhand High Court asked the state government to follow the CNT Act in its true spirit, making it clear that in addition to tribes, its also applied to those belonging to Scheduled Castes and Scheduled Tribes

Why did the court rule so?

Although the act was followed in respect of tribals — though not in letter and spirit — its provisions for SC/BC remained virtually dormant. These provisions were also challenged in court from time to time with Patna High Court declaring it constitutionally valid in 1996

Fallout

Tribal organisations are opposed to any changes in the law. But, non-tribals want the act amended to relax curbs on sale of land imposed on Scheduled Castes and Backward Classes

Tribals’ stand

Pro-CNT outfits, mostly tribal organisations, have constituted CNT Act Bachao Morcha to ask the state government not to make any changes in the law. They allege past amendments have weakened the Act and created more loopholes for “usurping” tribal land

Anti-CNT lobby

Various non-tribal outfits have come together under Jharkhand Bachao Sangharsha Morcha to pressure the state government into amending the law. They claim some provisions of the act are a stumbling block to development

How has this affected real estate?

The real estate sector, besides suppliers of construction material and labourers, is the worst affected. Since the major chunk of land belongs to backward classes and tribals, it has brought all construction activity to a halt. Banks have stopped disbursing funds and loans for ongoing housing projects

Why are banks running scared?

Under the CNT Act, land belonging to ST/SC/BC can be mortgaged only for five years. So, banks will lose the right to recover loans after five years. Since housing loans are for longer terms, 15 to 20 years, the banks are taking precautionary measures, explained S.K. Singh, the convenor of State Level Bankers Committee, an umbrella organisation of all banks

Financial implications

Approximately, Rs 160 crore has been blocked to around 100 ongoing projects in Ranchi, according to real estate expert Rajesh Mishra

Legal remedies

The state government has two options to defuse the politically surcharged atmosphere.

First, it may review the list of backward classes (Bihar govt, 1962) and identify the extremely backward among them so that they can remain under the purview of the act. The others may be exempt. This may be done by the state government without going to the Assembly.

Second, it may recall the amendment of 1981 by which the act was extended to municipal and notified areas committees. This way, the land available under municipal areas will be free for transfer and exempt from the rigours of the act. Also, since the 1981 amendment does not talk of municipal corporations constituted under a separate 1951 law. So, the CNT Act may not be applicable in municipal corporation areas in Ranchi and Dhanbad

Constitutional position

Legal experts say the CNT Act may be amended by the state legislature on the recommendations of the Tribes Advisory Council (TAC). But the assent of the President will be required since Jharkhand comes under Schedule V of the Constitution.

Also, CNT Act has been listed in the Ninth Schedule of the Constitution, which implies it is beyond judicial review

GTA queries hit Trinamul growth

AVIJIT SINHA

Siliguri, Feb. 22: Trinamul efforts to expand its base in the Terai and the Dooars have been hit badly with party leaders complaining that they were having to face uncomfortable questions on the demand to include some plains mouzas in the new hills set-up.

Although the questions are coming from the common man, the task has been made more difficult by outfits like the Akhil Bharatiya Adivasi Vikas Parishad, which have considerable clout in the tea belt and are opposing the GTA and the territory panel.

“So far, we have opened units on only 45 tea estates in the Dooars (out of the 160-odd gardens) and are yet to focus on the Terai. In course of our campaign at the grassroots-level, we are facing uncomfortable questions. In that case, we have to steer our discussions and limit it to only tea. But questions are cropping up, specially on the GTA and on the Morcha demand,” said Joachim Buxla, the president of the Trinamul Tea Plantation Workers’ Union.

The Gorkha Janmukti Morcha has been demanding that some of the plains mouzas be brought under the Gorkhaland Territorial Administration. The Trinamul government has formed a committee to look into the demand, which has invited widespread protests from the Dooars and the Terai. The inclusion of Morcha members in the committee has also drawn criticism.

“There is no denying that questions are being tossed at us on the relevance of forming a territory committee. In such cases, we urge the people to keep faith in the chief minister and highlight the plans that she has for the Dooars and Terai,” Buxla said.

Other Trinamul trade union leaders said they were having to live with “political uneasiness” in a region where tea gardens are major vote banks.

“People are asking us why the government is not simply announcing that no new area will be made part of the GTA instead of forming a committee. We have no reply to this. Also, we have no answer to why four Morcha representatives, and none from the Dooars and the Terai, are on the panel. This is having a negative effect on our plans to expand our base in the brew belts. We are apprehensive that the CPM and Citu, which had lost base after the emergence of Parishad and Trinamul ahead of the Assembly polls, might make a comeback,” the leader said.

He said while CPM leaders were always speaking on the committee and the GTA, Trinamul was being forced to be silent.

Buxla, too, admitted that government intervention was needed to gain people’s confidence. “Being a member of the North Bengal Development Council, I had tried to provide some feedback about the common man’s aspirations to the government,” he said. “There is no doubt that government intervention is required to gain the confidence of the brew belt.”

CM annuls Koda’s hush-hush MoUs

AMIT GUPTA

Ranchi, Feb. 21: As many as 15 MoUs signed with private companies during 2006 and 2008, pledging investments to the tune of Rs 80,000 crore to set up power plants, have been cancelled as the Arjun Munda government feels the companies were merely sitting on their proposals with an eye on the state’s mineral resources.

All the 15 agreements were signed during the tenure of former chief minister Madhu Koda, who is now in jail fighting corruption charges. Of these, 10 MoUs to set up power plants were inked secretively between December 21 and December 29, 2006, quite unlike the well-publicised, high-profile signing ceremonies Munda held during his earlier stint as chief minister.

Jharkhand witnessed a spate of MoUs in 2006-07 after an advertisement was published by the Union coal ministry which had put 38 coal blocks on offer for captive coal mining by companies engaged in power generation and production of iron, steel and cement.

Five of these coal blocks were in Jharkhand and these were later allotted to some of those investors.

According to sources in the government, Munda okayed a recommendation from the state energy department not to extend the MoUs with non-serious players yesterday. These companies included the likes of Reliance Energy and Aditya Birla Company Ltd

“Although the file is yet to come back to us, we are expecting tough action on the part of the chief minister,” said V.K. Mishra, deputy secretary in the state energy department.

The chief minister’s decision follows a recommendation to cancel the MoUs by a high-powered committee on the power sector chaired by energy secretary V.K. Singh.

Industry secretary A.P. Singh, who was one of the members of the committee, said that a couple of companies whose MoUs were cancelled were allotted resources like coal block and water.

“As the companies were allotted coal blocks after signing an MoU with the state government, the government may always approach the Centre for its cancellation as there has been no progress in the projects concerned. The state shall not allow frivolous companies to sit over resources,” Singh asserted.

Munda has also made it clear time and again that he would write to the Centre for cancellation of coal blocks allotted to a couple of companies on grounds of captive use in the state.

 

Woman held in fake caste certificate case

BERHAMPUR: Police arrested a woman on Saturday on charges of furnishing fake caste certificate to contest for the post of sarpanch in 2007 at Kirikuti gram panchayat in Kandhamal district. The accused was identified as Puspanajli Pradhan, police said on Sunday.

Kandhamal district welfare officer (DWO) had lodged an FIR against her after state level scrutiny committee ( SLSC) confirmed she produced a bogus scheduled tribe certificate in the run-up to the polls, police said.

Pradhan’s arrest came close on the heels of police nabbing a samiti member Manjushree Pradhan on similar charges in the district recently. Manjushree was arrested on February 8 for allegedly producing a fake certificate to win as samiti member of Tikabali gram panchayat.

It may be mentioned here that the Kue Samaj Samanyaya Samiti (KSSS), a tribal outfit in the district, has been demanding action against people getting government benefits by producing fake tribal certificates since the past five years.

Even though KSSS had identified as many as 976 people from Kandhamal district, who have been getting benefits by producing fake certificates, the government has taken action against only a few offenders, the tribal leaders alleged.

Innovate to teach tribal culture to urban children: Filmmaker

PUNE: Documentary filmmaker Krishnendu Bose on Monday said that the concept of conservation through community and children’s participation can be far more effective if efforts were made to preserve tribal culture and heritage.

Addressing a news conference, Bose, who was conferred the ‘Vasundhara Mitra’ award at the Vasundhara International Film Festival, on Monday, said, “Entire knowledge banks on the tribal way of life are being gradually wiped out due to ineffective policies and an unsuitable pedagogic approach that force an urban perspective on tribal issues.”

Bose has made award-winning documentaries like ‘Tiger – The Death Chronicles’ – on the crisis of tiger deaths – ‘Harvesting Hunger’- a film on the politics of food in India – and ‘Jardhar Diary’ – on community conservation in a village in Garhwal Himalayas – among others. All these films have been the result of a partnership with communities and tribals in different parts of the country. “We are using some participatory tools for school children and helping them learn and make short films on different environmental issues. We began a non-profit trust, ECO Trust, under which such a pilot project was implemented with 200 underprivileged school children in Delhi last year. They made 10 short films of one or two minutes each, on different themes like water and trees, chosen and scripted by them. It was an effective experiment because the films were entirely from the children’s perspective,” Bose said.

The next such project will be done at a tribal school, Adharsheela, in Madhya Pradesh, later this year. “My focus has entirely shifted to involving children in the film-making process and to let them bring about their self-awareness into the films they will be making.”

He feels innovative teaching techniques are needed to educate children on tribal people and environment. “Making a subject like environmental science compulsory in schools is a great beginning, but the teaching approach to this subject has been wrong because here experiential learning is largely missing. The same approach is being applied in schools for tribals too. An urbanisation of education is happening.”

For the last 30 years, he has been making socially relevant films to get important messages out to the larger world with the hope of initiating some sort of change. The tribal communities remain close to his heart. “Sadly, all these years, we have not been able to give value to tribal identity, or preserve the whole tribal information and knowledge system as well as culture. Demarcations between tribals and urbanites are blurring because markets are encroaching upon tribal societies. Besides, the tribals too want to reside in cities. There’s nothing wrong in that. But the tribals have been pushed to homogenise themselves with urban society. We have also been telling the government to rehabilitate them, because they are supposedly “primitive.” So the tribal people are made to feel they are inferior,” Bose said.

Lack of unity among experts on wildlife and tribals is another issue. “These experts can never come together and work smoothly because they haven’t recognised the connection between tigers and tribals. Even the existing legislation for tribals, though with good motives, has been politically hijacked. Sadly, middle-class urban sensibilities are also being used to understand tribal way of life,” he said.

But tribal empowerment is apparent. “The Panchayati Raj system decentralised power. Field-level planning system has brought about considerable empowerment among tribals. But if the tribal way of life goes extinct, our nation as a whole, will suffer. Understanding them from the level of equality is needed,” he said.

Bose visits schools in Delhi to conduct awareness and sensitisation programmes on environment and tribals.

Tribals vow to oppose CNT Act amendment

RANCHI: Tribal leaders from across the state announced to protest any move by the state government to amend the Chotanagpur Tenancy (CNT) Act and deprive tribal people of their rights.

The tribal leaders present at the mahapanchayat organized by the CNT Act Suraksha Samiti here on Sunday took vows not to hesitate to launch massive agitation in case the government changes the provision of the act which prevents transfer of land of people from reserved category to those of general category.

Sensing the resentment among hundreds of tribals at the mahapanchayat, former MP Shailendra Mahato said the government was intentionally depriving innocent people of their rights enshrined in the act. The CNT Act came into force in 1908. “The act was framed during the British rule to safeguard the interest of local people and now the state government is trying to make amendments according to the need of influential people. We are not going to accept the amendment that is against the interest of masses,” said Mahato.

Former MLA Surya Singh Besra, who is known for his firebrand image since the times of Jharkhand movement, said they would also challenge the move of the state government in court.

Officials have been depriving innocent people for decades but now the Jharkhand high court has asked the state government to strictly implement the act and protect the people of reserved category. “We will fight any move to bring change from all possible forums including in courts and safeguard the interest of innocent people,” said Besra. It was also decided that awareness programmes would be organized by holding rallies and meetings to garner support of like-minded people.

‘Govt responsible for poor condition of the evicted’

JAMSHEDPUR: The National Land Reforms Council (NLRC) has held mineral-rich states with tribal population, especially the Jharkhand government, largely responsible for displacement of landowners in the post-economic liberalization period.

Appealing to the states to ensure land and livelihood rights to the landowners, the NLRC has warned the state governments of serious repercussions if land is forcibly taken from its owners in favour of corporate bodies. “The feedback is very discouraging. Several state governments have been insincere in their approach towards effective implementation of rehabilitation and resettlement (R&R) policy. In fact, they favoured the corporate houses at the cost of poor landlosers,” said NLRC member Rajagopal P V.

As part of his country-wide Jan Satyagraha Samwad Yatra to interact with the displaced people, Rajagopal said condition of the landlosers, mostly dalits, nomadics and tribals was poor in Chhattisgarh, Odisha and Jharkhand. “These three are mineral-rich states, where all big names of the corporate world have invested money and have a strong influence on the respective state governments to acquire land without bothering much for the effective rehabilitation of landlosers,” said Rajagopala adding the NLRC constituted by the Prime Minister had been regularly apprising the Union rural development ministry, the nodal ministry of state of affairs.

He said about 45% of the populace including 20% Dalits, 11% nomadics, 8% tribals have largely been affected in the post-economic liberation period owing to rapid industrialization. The NLRC member, who is also the founder president of Ekta Prishad, has travelled about 25,000 km across nine states since October 2 last year as part of his yatra. He will conclude his yatra in Gwalior on October 2. Courtesy:TimesofIndia.

MHA asks Red-hit districts to replicate Balaghat model

Vishwa Mohan-NEW DELHI: Union home ministry has written to district magistrates of naxal-affected districts, which are covered under the Integration Action Plan (IAP) for development activities, to replicate Madhya Pradesh’s Balaghat model. The Balaghat model uses ‘soft’ power to make people aware of the local goings on and instill a sense of pride for something that they have created.

Tribal-dominated Balaghat has recently brought out a newsletter – ‘Jai Johar’ (welcome or mamaste) – that aims to involve locals in creative activities under the “Redeem Self Esteem” programme. The authorities are now toying with the idea of setting up women and youth clubs to integrate the locals with the mainstream.

The newsletter, brought out by the district administration, has carried write-ups of tribal school students about their customs, songs, art and rituals in local Baiga dialect. The exercise aims to give the local community an identity.

It is believed that such activities will help them absorb the benefits of development initiatives which may, otherwise, bring many unintended consequences like accrued income fuelling alcoholism, outsiders cornering the major share of economic upsurge or rise in inequitable social practices particularly against women.

“Sensing the importance of such an initiative, the home ministry has written to all DMs of naxal-affected districts to replicate this model. We, along with development works, need to do a lot of other things simultaneously which may bring a sense of belonging among the locals,” said a home ministry official.

Brainchild of Balaghat DM Vivek Porwal, the newsletter has struck a chord with the tribals, who were earlier exposed to only pamphlets brought out by Maoists, and inclined to believe them as gospel truth – whatever Red Ultras disseminated through their vitriolic writings against the state machinery.

Porwal said, “Discovering that self-esteem is a critical determinant of ability to withstand change, we have convinced local communities that their creativity is good enough to be shared with others. We are also going to use this newsletter as spring board for our next level of ‘regenerating self esteem’ programmes like women and youth clubs under IAP.”

The IAP is being implemented in 60 naxal-affected districts with 100% block grant from the Centre. The allocated funds (Rs 25 crore and Rs 30 crore per district during 2010-11 and 2011-12, respectively) were placed at the disposal of a district-level committee – comprising DM, SP and district forest officer – that identifies and implements the basic development and infrastructure projects. The scheme will be implemented in 18 more districts from the next fiscal (2012-13).

CNT supporters staged a demonstration

DHANBAD : Supporters of the Chotanagpur Tenancy Act (CNT) staged a demonstration at  Randhir Verma Circle near the deputy commissioner’s office, a day after the opponents showed their strength by observing a near-total bandh here.

The demonstration was organized by leaders of the Jharkhand Mukti Morcha and the All Jharkhand Students Union, both allies in the Arjun Munda-led government, and the Marxist Coordination Committee.

The supporters of the parties had come from different parts of the district and were carrying traditional tribal arms like lathis and spears. They marched on various parts of the town, including Shramik Chauk, Rangatand, Bank More Saraidhela and ended at Randhir Verma Circle in the heart of the town.

Kansari Mandal, Samir Tuddu, Khedu Mahto, all leaders of the JMM and the Ajsu, demanded strict enforcement of the act and pleaded for extending the benefits of the legislation to the members of the backward castes in Jharkhand. “The people from adjoining states, particularly Bihar, were cheating the locals by purchasing their land at cheaper rates and depriving the Jharkhandis of their genuine rights on the land,” one of them said.

They alleged the big builders and developers were grabbing the land of the people of the state and constructing houses and industrial plots for the outsiders. The land grabbers, they demanded, should be punished and evicted from the land occupied from the tribals and OBCs.