In the time of Dharti Aaba Birsa Munda, the British accelerated the process of transforming the tribal agricultural system into a feudal state. Since the tribal people could not generate surplus with their primitive technology, the chieftains of Chota Nagpur invited non-tribal farmers to settle and cultivate the land. This resulted in the alienation of land from the tribal people. A new class of contractors, of a greedier kind, began to create disruption in agriculture to increase their wealth. This dual challenge of agrarian disruption and cultural change was met through a series of revolts and uprisings led by Birsa Munda.
At the young age of 25, that boy from Ulihatu village in present-day Jharkhand became the great hero of mass resistance against colonial exploitation. When British officials and local landlords were exploiting tribal communities, grabbing their lands, and committing atrocities, Bhagwan Birsa rose up against this social and economic injustice, inspiring people to fight for their rights. Following the movement led by Dharti Aaba Birsa Munda and his subsequent death, the British officials were forced to enact laws to protect the land rights of the Adivasis.
The Ulgulan (Great Tumult) was undoubtedly more than just a rebellion. It was a fight for both justice and cultural identity. Bhagwan Birsa Munda's wisdom connected, on the one hand, the right of tribal people to own and cultivate their land without any interference, and on the other, the importance of tribal customs and social values.
The Current Adverse Climate
The current era is far more adverse. Most development projects in India are being established in tribal areas under the Fifth Schedule of the Constitution, simply because these regions have been, and still are, rich in resources. This area is abundant with 71% of the country's forests, 92% of coal, 92% of bauxite, 78% of iron, 100% of uranium, 85% of copper, 65% of dolomite, and so on. About 70% of India's water sources are in tribal areas, and approximately 80% of raw materials for industries come from these regions. This is a blessing bestowed by nature.
However, this very blessing is also a challenge, as the corporate world, both domestic and global, eyes these resources with a vulture-like gaze for plunder and acquisition. The process of taking over these resources has accelerated significantly. So far, no concrete efforts have been made to address the displacement caused by the rapidly growing so-called development projects. The Adivasi community bears the biggest brunt of this rapid displacement.
According to the annual report released by the Ministry of Tribal Affairs in 2016, 8.7 million Adivasis were displaced between 1950 and 1990, accounting for 40 percent of all displaced persons in the country. Approximately 1 million people have already been displaced and affected by the proposed dams in the Narmada Valley.
Displacement is proposed for 89,808 families from 848 villages across 53 Tiger Reserves in 19 states to clear the 'core areas,' with the majority being Adivasi communities. So far, 25,007 families from 257 villages have been relocated. On June 19, 2024, the Ministry of Environment’s National Tiger Conservation Authority (NTCA) issued an order instructing officials in all states to prioritize the relocation of 64,801 families in 591 villages situated in the 'core areas' of declared Tiger Reserves, and it has sought 'action plans' and regular progress reports on the matter.
The current definition of economic development is deeply perplexing. It first raises hopes and expectations, then compromises on the basic economic structure of society to fulfill them, imposes conditions, and demands a monopoly over society's resources. This contradiction in development must be understood immediately, and a new definition of development must be forged—one that does not require the explanation of the government and experts. Therefore, it is not only necessary to continue development, but it is now essential to review development and development policies.
In 1986, the United Nations prepared the Declaration on the Right to Development, which was signed by India and many other nations. According to this treaty, development is the right of all citizens. Three parameters were set for development projects:
* Consent of the affected persons.
* Share in the benefits of the resources created by the project.
* Right of the development-affected persons over livelihood resources.
In 2007, the UN Declaration on the Rights of Indigenous Peoples was issued, which included the important provision of securing the rights of tribal society over livelihood resources. Unfortunately, none of these international treaties are followed in India.
Preserving the Adivasi Existence
For thousands of years, the Adivasi society has been protecting natural resources like forests, mountains, rivers, waterfalls, flora, trees, plants, and subterranean resources. Their life trends and way of life are such that the aforementioned resources are protected naturally. In contrast, this era of globalization is driven by the mindset of blindly exploiting all natural resources.
Natural resources are mostly found in the areas where Adivasis have lived for thousands of years and concurrently protected the resources. However, they have never claimed absolute ownership over these resources. Yet, in the age of globalization, the vulture-like gaze of capitalists is fixed on these resources. In this situation, the Adivasi society must be saved from this corporate plunder of resources. The very existence of Adivasi society is endangered by this intrusion. The Adivasi community has struggled to protect its existence, and its struggle continues in the present.
Domestic capitalists and the politicians, administrators, and intermediaries involved in the unfair distribution (loot) of natural resources believe that their path can be cleared by intimidating or tempting those who raise their voices against the plunder of natural resources.
Constitutional Responsibility
Based on the suggestions and observations in the 14th Report (2018-19) of the National Commission for Scheduled Tribes on the above constitutional situation, the Ministry of Home Affairs, Delhi, issued a letter with guidelines to all Principal Secretaries and Secretaries to the Governors on April 29, 2022. The letter states that the Governor's office should carefully examine the laws, regulations, and notifications applicable in the Fifth Schedule areas. This power is derived from the Constitution.
But does the Governor actually use this power? The Governor is given broad authority under Para (2) of the Fifth Schedule to make regulations for the peace and good governance of Scheduled Areas, which restricts the jurisdiction of the state government but empowers the Governor with extensive legislative and administrative rights. Article 244 of the Constitution mandates that before implementing any law in a Fifth Schedule area, the Governor must send it to the Tribal Advisory Council to assess its adverse effects on the Scheduled Tribes, and it should be implemented only after necessary modifications.
Unfortunately, despite the clear intent of the Constitution, detailed provisions were not made for all tribal areas due to the differences in their specific conditions. Therefore, the responsibility and authority to establish a just system tailored to the specific situation of each community were entrusted to the Governors under the Fifth Schedule.
The former Commissioner for Scheduled Castes and Scheduled Tribes of India, the renowned thinker Late Dr. Brahma Dev Sharma, used to say, "The biggest tragedy for the Adivasis is that they gained freedom from British slavery through their sacrifices and struggles, but independent India enslaved them by imposing colonial-era laws."
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*Bargi Dam Displaced and Affected Union, Jabalpur (Madhya Pradesh)
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