Skip to main content

I have consistently raised tribal rights issues. If this makes me a ‘Desh Drohi’ then so be it: Fr Stan Swamy

By Our Representative
Father Stan Swamy, a well-known Jesuit tribal rights activist of Jharkhand, has been listed as one of the 20 activities who have accused of committing sedition for supporting the adivasi Pathalgadi movement.
An open letter by him strongly refuting the charge:
During the past two decades, I have identified myself with the Adivasi people and their struggle for a life of dignity and self-respect. As a writer, I have tried to analyse the different issues they are facing. In this process, I have clearly expressed dissent with several policies, laws enacted by the government in the light of the Indian Constitution. I have questioned the validity, legality, justness of several steps taken by the government and the ruling class.
As for the Pathalgadi issue, I have asked the question “Why are Adivasis doing this?” I believe they have been exploited and oppressed beyond tolerance. The rich minerals which are excavated in their land have enriched outsider industrialists and businessmen and impoverished the Adivasi people to the extent there are starvation deaths taking place.
They have had no share in what is produced. Also, the laws and policies enacted for their wellbeing are deliberately left unimplemented. So they have reached a situation where they realised ‘enough is enough’ and are seeking to re-invent their identity by empowering their Gram Sabhas through Pathalgadis. Their action is understandable.
Some questions that I have raised are as follows:
1. I have questioned the non-implementation of the Fifth Schedule of the Constitution [Indian Constitution, Article 244(1)] clearly stipulates that a Tribes Advisory Council (TAC) composed solely of members from the Adivasi community who will advise the Governor of the State about any and everything concerning the protection, well-being and development of the Adivasi people in the State. The Governor is the constitutional custodian of the Adivasi people and he/she can make laws on his/her own and can annul any other law enacted by the parliament or state assembly always keeping in mind the welfare of the Adivasi people.
Whereas the reality is that in none of the States during all these nearly seven decades has any State Governor ever used his/her constitutional discretionary power to reach out to the Adivasi people proffering the excuse that they have to work in harmony with the elected government of the State. The meeting of the TAC takes place rarely, and it is convened by and presided over by the Chief Minister of the State and is controlled by the ruling party. TAC has thus been reduced to a toothless body. Verily a constitutional fraud meted out to the Adivasi people.
2) I have questioned why the Panchayats (Extension to Scheduled Areas) Act [PESA], 1996 [No:40 of 1996] have been neatly ignored which for the first time recognized the fact the Adivasi communities in India have had a rich social and cultural tradition of self-governance through the Gram Sabha.
Whereas the reality is this Act of the parliament has deliberately been left unimplemented in all the nine states. It means the capitalist ruling class does not want the Adivasi people to self-govern themselves.
Father Stan Swamy
3) I have questioned the silence of the government on Samatha Judgment, 1997 of the Supreme Court [Civil Appeal Nos:4601-2 of 1997] which came as a huge relief to the Adivasi communities in Scheduled Areas. It came at a time when consequent to the policy of globalization, liberalization, marketisation, privatisation national and international corporate houses started to invade particularly the Adivasi areas in central India to mine the mineral riches. The government machinery gave its full cooperation to these companies. Any resistance by the Adivasi people was put down with an iron hand. The judgment was meant to provide some significant safeguards for the Adivasis to control the excavation of minerals in their lands and to help develop themselves economically.
Whereas the reality is the state has ignored this verdict of the highest court. Several cases have been filed by affected communities but the ‘law of eminent domain’ of the colonial rulers are invoked to alienate Adivasi land and to loot the rich mineral resources.
4) I have questioned the half-hearted action of government on Forest Rights Act, 2006: [Act of Parliament No:2 of 2007] jal, jangal, jamin, as we know, are the basis of the economic life of the Adivasi people. Of particular importance is their traditional rights in the forest have been infringed upon systematically over the decades. At long last, the government came to the realization that a historic injustice has been done to the Adivasi and other traditional forest-dwellers. To correct this anomaly, it enacted this Act.
Whereas the reality is far from desirable. From 2006 to 2011 of its operation, about 30 lakh applications were made all over the country for title-deeds, of which 11 lakhs were approved but 14 lakhs were rejected and five lakhs were pending. Of late the Jharkhand government is trying to bypass the Gram Sabha in the process of acquiring forest land for industrial set up.
5) I have questioned the inaction of the government to carry out the SC order ‘Owner of the land is also the owner of sub-soil minerals’. [SC: Civil Appeal No 4549 of 2000] wherein it has said “we are of the opinion that there is nothing in the law which declares that all mineral wealth sub-soil rights vest in the State, on the other hand, the ownership of sub-soil/mineral wealth should normally follow the ownership of the land, unless the owner of the land is deprived of the same by some valid process.”
The rich minerals in their lands are being looted by the government and private companies. The Supreme Court has declared 214 out of the 219 Coal-Blocks in the country illegal and ordered their closure and levied a fine on them for their illegal mining. But the Central & State Governments have found a way out by re-allotting these illegal mines through auction to make it look legal!
6) I have questioned the reasons why SC observation is being ignored that ‘Mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence. [SC: Criminal Appeal No: 889 of 2007]. The court rejected the doctrine of 'guilt by association'.
It is common knowledge that many young men and women are held in prison on the suspicion of being “helpers of Naxalites”. After arresting them other penal clauses are added on. It is an easy label that can be put on anyone whom the police want to catch. It does not require any proof or witness. Supreme Court says even membership in a banned organisation does not make a person a criminal. How far removed are the law and order forces from the judiciary!
7) I have questioned the recently enacted Amendment to the Land Acquisition Act, 2013 by Jharkhand government which sound a death-knell for the Adivasi Community. This does away with the requirement for Social Impact Assessment which was aimed at safeguarding the environment, social relations and cultural values of affected people. The most damaging factor is the government can allow any agricultural land for non-agricultural purposes. So, any and everything can be included.
8) I have questioned Land Bank which I see as the most recent plot to annihilate the Adivasi people.
During Momentum Jharkhand in February 2017 the government announced that 21 lakh acres in Land Bank of which 10 lakh acres is ready for allotment to industrialists.
Gair-Majurwa land (uncultivated land) can be ‘khas’ (private) or ‘aam’ (common). As per tradition, individual Adivasi families or communities have been in possession and use this land [jamabandi]. Now the government shockingly cancelled all ‘jamabandi’ titles and claims that all ‘gair-majurwa’ land belongs to the government and it is free to allot it to anybody (read industrial houses) to set up their small and big industries.
People are in the dark about their land being written off. The TAC has not given its approval as is required by the Fifth Schedule, the respective Gram Sabhas have not given their consent as required by PESA Act, affected Adivasi people have not given their consent as required by Land Acquisition Act (2013).
Above are the questions I have consistently raised.
If this makes me a ‘Desh Drohi’ then so be it!

Comments

TRENDING

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra*  The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Victim of communal violence, Christians in Manipur want Church leadership to speak up

By Fr Cedric Prakash SJ*  The first eleven days of May 2023 have, in many ways, been a defining period of Indian history! Plenty has happened in a rapid-fire stream of events. Ironically, each one of them are indicators of how crimes and the criminalisation of society has become the ‘new norm’; these include, the May Day rallies with a focus on the four labour codes which are patently against the rights of workers; the U S Commission on International Religious Freedom (USCIRF) released its Annual Report on 1 May stating that conditions for religious freedom in India “continued to worsen in 2022”; the continued protest by the Indian women wrestlers at Jantar Mantar for the expulsion of the chief of the Indian Wrestlers Federation on very serious allegations; the Elections in Karnataka on 10 May (with communalism and corruption as the mainstay); the release of the fake, derogative and insensitive film ‘The Kerala Story’; the release of World Free Press Index on 3 May which places India

Delhi HC rules in favour of retired Air Force officer 'overcharged' for Covid treatment

By Rosamma Thomas*  In a decision of May 22, 2023, the Delhi High Court ruled in favour of petitioner Group Captain Suresh Khanna who was under treatment at CK Birla Hospital, Gurugram, between April 28 and May 5, 2021, for a period of eight days, for Covid-19 pneumonia. The petitioner had to pay Rs 3,55,286 as treatment costs, but the Ex-Servicemen Contributory Health Scheme (ECHS) only reimbursed him for Rs 1,83,748, on the basis of government-approved rates. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam*  The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

India joining US sponsored trade pillar to hurt Indian farmers, 'promote' GM seeds, food

Counterview Desk  As many as 32 civil society organisations (CSOs), in a letter to Union Commerce Minister Piyush Goyal on the Indo-Pacific Economic Framework (IPEF) and India joining the trade pillar, have said that its provisions will allow the US to ensure a more favourable regulatory regime “for enhancing its exports of genetically modified (GM) seeds and GM food”, underlining, it will “significantly hurt the livelihoods of Indian farmers.”

Polygamy in India "down" in 45 yrs: Muslims' from 5.7 to 2.55%, Hindus' 5.8 to 1.77%, "common" in SCs, STs

By Rajiv Shah Amidst All India Muslim Personal Law Board (AIMPLB) justifying polygamy, saying it “meets social and moral needs and the provision for it stems from concern and sympathy for women”, facts suggest the the practice is down from 5.7 per cent of Muslim families in 1961 to 2.55 per cent in 2006.

Modi govt 'wholly untrustworthy' on Covid data, censored criticism on pandemic: Lancet

By Rajiv Shah   One of the world’s most prestigious health journals, brought out from England, has sharply criticised the Narendra Modi government for being “wholly untrustworthy on Covid-19 health data”, stating, the “official government figures place deaths at more than 530 000, while WHO excess death estimates for 2020 and 2021 are near 4·7 million.”