By Ashis Senapati
There seems to be no end to the sufferings of the Posco project hit villages of Dhinkia, Gadakujang and Nuagaon gram panchayats falling under Kujang block of Jagatsinghpur district. The health services in these areas are effected as the health officials stopped to enter the villages for the last two years following the blockage of all entry points to these villages by the villagers to prevent the entry of the government officials.
The health services are in shambles in these seaside gram panchayats. The villagers are protesting against the decision of the government to acquire 4,004 acres of land in this areas for the South Korean steel company Posco o build a steel plant with an investment of Rs 51,000 crores.
Commenting on the anti-Posco movement, Sishir Mohapatra, secretary, Posco Pratirodhaka Sangram Samiti (PPSS) said, "Police filed false cases against more than five hundred anti-POSCO villagers allegedly for attacking government officials, forcefully locking the village post office, assaulting pro-Posco villagers and blocking the roads by erecting wooden gates and committing other crimes due to which many anti-Posco villagers are not coming out of these villages - the bastion of anti-land acquisition movement".
The nearby community health center at Kujang is located near the police station of Kujang. And, the villagers are reluctant to visit the government hospital. Some villagers go to the port town Paradeep through sea route. But, it is not possible for many villagers to reach Paradeep through sea route. Last month, police arrested three anti-land acquisition villagers in Paradeep and Kujang when they slyly came out from the villages.
The innocent villagers are being harrased by the police for putting resistence against the land acquisition. A large number of innocent villagers were arrested. Abhaya Sahoo, president, PPSS was suffering from spinal cord problem for which he had gone to Hydrabad. But on his return to Dhinkia, he was arrested by the police near Kujang four months back, Mohapatra said.
"We recently sought the help of some doctors of West Bengal to provide medical helps to the anti-land acquisition villagers. A team of four doctors of Mazdoor Kranti Parisada visited Dhinkia and other villages and treated several villagers. They also provided medicines free of costs to these villagers. The doctors spent three days and treated a large numbers of villagers", said Manaroma Khatua, an anti-land acquisition leader of Dhinkia.
Due to the road block by the anti-land acquisition villagers, health officials are also feared to enter the bastion of anti-Posco movement, said Gadadhar Das a villager of Kujang. "We cut the roads and blocked all the entry points to prevent government officials to enter our villagers to acquire our lands. But we never prevented any health officials to enter our villagers. Some government officials with an ulterior motive are not allowing health officials to enter our villages due to which several villagers are not getting any treatments from the doctors", said Prakash Jena a villager of Dhinkia.
When contacted, Dr Narayan Sahoo, Chief District Medical Officer (CDMO), Jagatsinghpur told this journalist, "All the health workers like ASHA , Anganabadi workers and health officials of Kujang and Earasama are providing health services to the villagers of Dhinkia and its nearby areas. We have never faced any impediments from the villagers to visit their villagers to treat them ".
The villagers of the Posco effected areas have already suffered a lot due to the state repression against the anti-land acquisition movement. It is high time that the state administration take a proper care of these poor villagers. And, the political process should be intensified to resolve the long pending demands of these innocent villagers.
The author is a Odisha based senior journalist. You can send your comments and suggestions at janatavikasmanch@gmail.com or senapatiashis@rediffmail.com and visit www.janatavikasmanch.blogspot.com for more details.
Thursday, February 12, 2009
Monday, February 9, 2009
Democratise the development process in Odisha
By Pravin Patel
Odisha is bestowed with huge natural wealth and possesses rich culture with glorious past. It has a beautiful coast line that not only attracts tourists from all over the world but also provides livelihood to many. Rich forests with flora and fauna on the surface and huge mineral wealth below the surface are all more than enough for its four and half crore population to make them happy and become the leading state of India.
However, in contrast to the glorious past, the present is shocking with uncertain future. The rich land is witnessing more than half of its population below the poverty line who struggle to survive; high rate of illiteracy; lack of quality education and non existence of minimum required health care in rural tribal areas; ruined rural economy; demographic attack on tribal areas disturbing their culture and destroying sources of livelihood and exploitation of the rural poor are some of the hard realties, that has resulted in ultras gaining more and more strength every day.
Is this the development that the people of the state looked at from successive governments during last sixty years of Independence? Retrospective of the facts reveals that the definition of development has been redefined at Odisha not once but several times. Blindly pursuing the policy of rapid industrialization; mortgaging the long-term strategic interests of the state by bowing down to the powerful corporate houses is the latest definition of development. At Odisha, the definition of development is defined again and again. Let us have a look.
Rural economy depends on agriculture and related activities. What a farmer needs is quality seeds, fertilizers and water to irrigate the field well in time with proper marketing support. Helpless farmers are left on their own to look at sky for rains, while the mining and industrial corporations manage to divert the water to their plants.
Poor farmer with no money has to depend on middlemen who supply those poor inputs, charging exorbitant rate of interest and lifts the harvest from the farms to recover money. Such shylocks cause humiliation, stress and economic ruins for the helpless poor tribals bringing tears in their eyes. This is the story with most of the marginal farmers in the tribal areas. Umarkote area in Nabrangpur district will expose that a number of mafia styled Shylocks operate illegally defying Odisha money lending act with many poor persons in their clutches. Who can expect those poor farmer to gather enough courage to lodge a complain? Neglect the farm sector and ruin rural economy to make farmers vulnerable is the first definition of development.
National Rural Employment Guarantee Act (NREGA) provides the right to get minimum 100 days of employment to rural poor. Villagers through the Gram Sabha are to decide the work which is needed but in nexus with contractors, BDO decides the work that has been done using earth moving machineries but by preparing false muster rolls, Crores of rupees have been eaten away. Any one complaining is taught lessons by the musclemen of the contractors. A report of Parsuram has exposed scam of Rs 500 crore at KBK. Playing mischief in an important program to eat away money meant for creating for employment for the poor and needy and forcing those rural poor to migrate to the urban areas in search of livelihood is second definition of development.
Tribal habitats are bestowed with huge natural wealth in shape of forests and minerals. But by pursuing faulty mining policies that is tilted heavily takes the care of mining and industrial corporations. Iron ore (International market price is Rs. 10,000/tonne) is allowed to be virtually looted at laughingly low rate of royalty of average Rs 17/tonne, speaks of how big games are played to play mischief with the mineral wealth of the state.
Similar is the situation in Bauxite and other costly minerals. While private corporations earn hundreds of crores of rupees, poor tribals are forcibly displaced and huge environmental losses are in bonus for the state. Corporate social responsibility remains on paper as a visit to the mining area villages is more than enough to understand the big games played in the name of development. Pursuing faulty mining policies that makes the state poorer and make tribals vulnerable is the third definition of development.
Forests and Tribals are made for each other. Without forests tribals can not live and without tribals forest can not be safe. Faulty anti-people policies have resulted in the exploitation of tribals to fill the coffers of the private parties and state exchequer. While bamboo is supplied to paper mills at 49 paisa a piece, tribals are harassed and denied their rights to use bamboo for their livelihood. Even at the rate of Rs. 7/- fixed by the forest department, he finds great difficulty to procure it to weave basket and other products.
Similarly Kendu Leaves that generates about Rs. 500 crore per year on average, state collects more than 40% as Royalty and taxes. As per KLCC committee meeting held on March 11, 2008, chaired by Chief Secretary of Odisha, the target for 2008 crop year was fixed at 4.46 lakh quintal. Purchase price of KL has been fixed at Rs. 1420.20 per quintal that means a payment of Rs. 63.34 crore to 10 lakh pluckers, which is a meager amount of only Rs. 639.34 paisa per person. Where as the budget for about 12,000 strong forest staff was fixed at Rs. 20.09 crore as establishment cost.
Forest Rights Act empowers tribals with right to collect, process and sale Kendu Leaves, Bamboos and other non timber products but in absence of any clear rules, there are confusions how to transport the material to the customer’s destination. Playing gimmicks to give shoes for free to Kendu leaves pluckers and exploitation of tribals to fill the coffers of the state and private corporations is the fourth definition of development.
There are enough legal provisions available to tribals to protect their property rights. Panchayat Extension of Schedule Areas Act (PESA) is of much importance. Under PESA, it is mandatory to obtain positive consent of the villagers through a properly convened and conducted Gram Sabha. But by imposing section 144, preventing the tribals to attend the meeting, crushing their democratic right of protest, forwarding those who take leadership initiatives under false criminal cases to remove them from the scene and as if this is not enough terrorize them by beating with lathis, firing tear gas shells and even live bullets, all to forcibly acquire the land of the poor using century old colonial land acquisition act for the “Private Purpose” of corporate houses in the name of “Public Purpose”. Making mockery of the laws of the land to make `Private Purpose’ to ‘Public Purpose’ by bulldozing the rights of the poor people of the state is the fifth definition of development.
R & R Policy of the state is decided in consultation with the project proponent which is to be well explained to the people who are to be displaced. Two major components of the R & R Policy is to make a one time payment in lieu of the land lost, to be determined by the state in consultation with the project proponent and the other is to provide one person from each family a permanent employment in the project that is to be created by displacing them.
Poor tribals, most of whom are illiterates and do not know how to use those money fall in the hands of touts who lure them to cheat them of their money. The result is land is also lost and money is also gone. The proud land owner within no time becomes a pauper and has no option left except to become a poorly paid daily wage earner. Secondly, the permanent jobs never reach to them. Take the list of the displaced person from any project and compare with the list of permanent employment provided them. The result will be shocking.
Locals are pushed to corners and many new faces close to the project proponent and people in power takes benefit with both hands while locals are pushed to corners, barring few lucky ones who are used as show case, who are also shown the door once the purpose is served. Farmers of 3,400 acres of land lost at Behrampur to Tatas, nor the plant has come even after twenty years nor any employment is provided. Making mockery of the R & R policy and not to take penal action against the defaulting private corporations is sixth definition of development.
Promising huge sops to the private industrial and mining corporations including assess to water from natural water bodies, minerals, granting monetary concessions and other assurances as conditions to give permanent employment etc are all the components in the MoUs but are kept a secret document for example MoU inked with Tata Steel at Kalinganagar which is in the news due to bloody killings. In the largest democracy of the world, there should be a policy of democratic industrialization in which complete transparency is assured. Hiding facts from the very people who have voted the government to power as if they are agents of the private industrial corporations is seventh definition of development.
Orissa State pollution control Board is a statutory body duly empowered to ensure that Air and Water pollution norms are strictly complied as per law. Board issues mandatory clearances i.e. “Consent to establish”; “Consent to Operate”, only after fulfilling the required criteria and set norms and guidelines.
It is also a vital clause that on submissions of wrong information or violations of the conditions of the clearances issued, Board is empowered to withdrawal the consents and even seal the unit. But despite serious violations and false submissions the Board has failed to discharge their official duties. Mandatory clearances have been given to one metallic company at Khairban (Latikata Block) on land not owned by them. Village school which is located within 500 meters is shown beyond 1.5 KM, Kalushira village (Kuarmunda Block) is within one KM of Ganesham and two other sponge iron plants but it is shown at a distance of 25 KM, Population of the village is over 8,000 which is shown as only 50. A number of houses are located within 500 meters but it is shown that there are no houses within 2 Km distance.
A visit to any village in the vicinity of the coal based sponge iron plants is more than sufficient to see how the norms are openly flouted, causing irreparable losses to the health of the villagers and the sources of livelihood. How the mischief is played in conducting public hearing is also not a secret. Despite the facts are brought to the notice of the Board, no action taken is concrete proof of an unholy nexus existing between Board and those defaulter plants is the eighth definition of development.
The negative role of the administration that has expertise how to misuse the state police force to crack down on the democratic protests of the villagers, make mockery of the legal provisions of the country in broad day light, behave as a private army of the private corporations, not registering the complains of the poor and instead acting on false complains the victims are made culprits. From Khairban to Kalinganagar many incidents are in front of us where excesses committed by the misuse of state police force. Grossly misusing police force to intrude and bulldoze democratic rights of the people is the ninth definition of development.
Continuing the legacy of the previous governments, the present state government has also opened up all the tribals areas for the liquor vendors to brew and sale liquor, even when the tribals have rights to brew liquor for their own consumption. This has not only resulted in driving those poor tribals to economic ruins but those liquor vendors are busy in all sorts of illicit liquor activities. The result is repeated hooch tragedies in Odisha. Practising faulty excise policy to benefit of liquor mafias operating in nexus with corrupt excise and police officials even at the cost of huge losses of revenue and pushing tribals to economic ruins is the tenth definition of development.
The author is the Director, Tribal Welfare Society and Public Eye Swiss Award – 2008 Nominee. The comments and suggestions can be sent at janatavikasmanch@gmail.com . And, please visit www.janatavikasmanch.blogspot.com for more information.
Odisha is bestowed with huge natural wealth and possesses rich culture with glorious past. It has a beautiful coast line that not only attracts tourists from all over the world but also provides livelihood to many. Rich forests with flora and fauna on the surface and huge mineral wealth below the surface are all more than enough for its four and half crore population to make them happy and become the leading state of India.
However, in contrast to the glorious past, the present is shocking with uncertain future. The rich land is witnessing more than half of its population below the poverty line who struggle to survive; high rate of illiteracy; lack of quality education and non existence of minimum required health care in rural tribal areas; ruined rural economy; demographic attack on tribal areas disturbing their culture and destroying sources of livelihood and exploitation of the rural poor are some of the hard realties, that has resulted in ultras gaining more and more strength every day.
Is this the development that the people of the state looked at from successive governments during last sixty years of Independence? Retrospective of the facts reveals that the definition of development has been redefined at Odisha not once but several times. Blindly pursuing the policy of rapid industrialization; mortgaging the long-term strategic interests of the state by bowing down to the powerful corporate houses is the latest definition of development. At Odisha, the definition of development is defined again and again. Let us have a look.
Rural economy depends on agriculture and related activities. What a farmer needs is quality seeds, fertilizers and water to irrigate the field well in time with proper marketing support. Helpless farmers are left on their own to look at sky for rains, while the mining and industrial corporations manage to divert the water to their plants.
Poor farmer with no money has to depend on middlemen who supply those poor inputs, charging exorbitant rate of interest and lifts the harvest from the farms to recover money. Such shylocks cause humiliation, stress and economic ruins for the helpless poor tribals bringing tears in their eyes. This is the story with most of the marginal farmers in the tribal areas. Umarkote area in Nabrangpur district will expose that a number of mafia styled Shylocks operate illegally defying Odisha money lending act with many poor persons in their clutches. Who can expect those poor farmer to gather enough courage to lodge a complain? Neglect the farm sector and ruin rural economy to make farmers vulnerable is the first definition of development.
National Rural Employment Guarantee Act (NREGA) provides the right to get minimum 100 days of employment to rural poor. Villagers through the Gram Sabha are to decide the work which is needed but in nexus with contractors, BDO decides the work that has been done using earth moving machineries but by preparing false muster rolls, Crores of rupees have been eaten away. Any one complaining is taught lessons by the musclemen of the contractors. A report of Parsuram has exposed scam of Rs 500 crore at KBK. Playing mischief in an important program to eat away money meant for creating for employment for the poor and needy and forcing those rural poor to migrate to the urban areas in search of livelihood is second definition of development.
Tribal habitats are bestowed with huge natural wealth in shape of forests and minerals. But by pursuing faulty mining policies that is tilted heavily takes the care of mining and industrial corporations. Iron ore (International market price is Rs. 10,000/tonne) is allowed to be virtually looted at laughingly low rate of royalty of average Rs 17/tonne, speaks of how big games are played to play mischief with the mineral wealth of the state.
Similar is the situation in Bauxite and other costly minerals. While private corporations earn hundreds of crores of rupees, poor tribals are forcibly displaced and huge environmental losses are in bonus for the state. Corporate social responsibility remains on paper as a visit to the mining area villages is more than enough to understand the big games played in the name of development. Pursuing faulty mining policies that makes the state poorer and make tribals vulnerable is the third definition of development.
Forests and Tribals are made for each other. Without forests tribals can not live and without tribals forest can not be safe. Faulty anti-people policies have resulted in the exploitation of tribals to fill the coffers of the private parties and state exchequer. While bamboo is supplied to paper mills at 49 paisa a piece, tribals are harassed and denied their rights to use bamboo for their livelihood. Even at the rate of Rs. 7/- fixed by the forest department, he finds great difficulty to procure it to weave basket and other products.
Similarly Kendu Leaves that generates about Rs. 500 crore per year on average, state collects more than 40% as Royalty and taxes. As per KLCC committee meeting held on March 11, 2008, chaired by Chief Secretary of Odisha, the target for 2008 crop year was fixed at 4.46 lakh quintal. Purchase price of KL has been fixed at Rs. 1420.20 per quintal that means a payment of Rs. 63.34 crore to 10 lakh pluckers, which is a meager amount of only Rs. 639.34 paisa per person. Where as the budget for about 12,000 strong forest staff was fixed at Rs. 20.09 crore as establishment cost.
Forest Rights Act empowers tribals with right to collect, process and sale Kendu Leaves, Bamboos and other non timber products but in absence of any clear rules, there are confusions how to transport the material to the customer’s destination. Playing gimmicks to give shoes for free to Kendu leaves pluckers and exploitation of tribals to fill the coffers of the state and private corporations is the fourth definition of development.
There are enough legal provisions available to tribals to protect their property rights. Panchayat Extension of Schedule Areas Act (PESA) is of much importance. Under PESA, it is mandatory to obtain positive consent of the villagers through a properly convened and conducted Gram Sabha. But by imposing section 144, preventing the tribals to attend the meeting, crushing their democratic right of protest, forwarding those who take leadership initiatives under false criminal cases to remove them from the scene and as if this is not enough terrorize them by beating with lathis, firing tear gas shells and even live bullets, all to forcibly acquire the land of the poor using century old colonial land acquisition act for the “Private Purpose” of corporate houses in the name of “Public Purpose”. Making mockery of the laws of the land to make `Private Purpose’ to ‘Public Purpose’ by bulldozing the rights of the poor people of the state is the fifth definition of development.
R & R Policy of the state is decided in consultation with the project proponent which is to be well explained to the people who are to be displaced. Two major components of the R & R Policy is to make a one time payment in lieu of the land lost, to be determined by the state in consultation with the project proponent and the other is to provide one person from each family a permanent employment in the project that is to be created by displacing them.
Poor tribals, most of whom are illiterates and do not know how to use those money fall in the hands of touts who lure them to cheat them of their money. The result is land is also lost and money is also gone. The proud land owner within no time becomes a pauper and has no option left except to become a poorly paid daily wage earner. Secondly, the permanent jobs never reach to them. Take the list of the displaced person from any project and compare with the list of permanent employment provided them. The result will be shocking.
Locals are pushed to corners and many new faces close to the project proponent and people in power takes benefit with both hands while locals are pushed to corners, barring few lucky ones who are used as show case, who are also shown the door once the purpose is served. Farmers of 3,400 acres of land lost at Behrampur to Tatas, nor the plant has come even after twenty years nor any employment is provided. Making mockery of the R & R policy and not to take penal action against the defaulting private corporations is sixth definition of development.
Promising huge sops to the private industrial and mining corporations including assess to water from natural water bodies, minerals, granting monetary concessions and other assurances as conditions to give permanent employment etc are all the components in the MoUs but are kept a secret document for example MoU inked with Tata Steel at Kalinganagar which is in the news due to bloody killings. In the largest democracy of the world, there should be a policy of democratic industrialization in which complete transparency is assured. Hiding facts from the very people who have voted the government to power as if they are agents of the private industrial corporations is seventh definition of development.
Orissa State pollution control Board is a statutory body duly empowered to ensure that Air and Water pollution norms are strictly complied as per law. Board issues mandatory clearances i.e. “Consent to establish”; “Consent to Operate”, only after fulfilling the required criteria and set norms and guidelines.
It is also a vital clause that on submissions of wrong information or violations of the conditions of the clearances issued, Board is empowered to withdrawal the consents and even seal the unit. But despite serious violations and false submissions the Board has failed to discharge their official duties. Mandatory clearances have been given to one metallic company at Khairban (Latikata Block) on land not owned by them. Village school which is located within 500 meters is shown beyond 1.5 KM, Kalushira village (Kuarmunda Block) is within one KM of Ganesham and two other sponge iron plants but it is shown at a distance of 25 KM, Population of the village is over 8,000 which is shown as only 50. A number of houses are located within 500 meters but it is shown that there are no houses within 2 Km distance.
A visit to any village in the vicinity of the coal based sponge iron plants is more than sufficient to see how the norms are openly flouted, causing irreparable losses to the health of the villagers and the sources of livelihood. How the mischief is played in conducting public hearing is also not a secret. Despite the facts are brought to the notice of the Board, no action taken is concrete proof of an unholy nexus existing between Board and those defaulter plants is the eighth definition of development.
The negative role of the administration that has expertise how to misuse the state police force to crack down on the democratic protests of the villagers, make mockery of the legal provisions of the country in broad day light, behave as a private army of the private corporations, not registering the complains of the poor and instead acting on false complains the victims are made culprits. From Khairban to Kalinganagar many incidents are in front of us where excesses committed by the misuse of state police force. Grossly misusing police force to intrude and bulldoze democratic rights of the people is the ninth definition of development.
Continuing the legacy of the previous governments, the present state government has also opened up all the tribals areas for the liquor vendors to brew and sale liquor, even when the tribals have rights to brew liquor for their own consumption. This has not only resulted in driving those poor tribals to economic ruins but those liquor vendors are busy in all sorts of illicit liquor activities. The result is repeated hooch tragedies in Odisha. Practising faulty excise policy to benefit of liquor mafias operating in nexus with corrupt excise and police officials even at the cost of huge losses of revenue and pushing tribals to economic ruins is the tenth definition of development.
The author is the Director, Tribal Welfare Society and Public Eye Swiss Award – 2008 Nominee. The comments and suggestions can be sent at janatavikasmanch@gmail.com . And, please visit www.janatavikasmanch.blogspot.com for more information.
Saturday, February 7, 2009
Make village forests rules transparent in Odisha
By Ghasiram Panda
Odisha government had taken step towards decentralization of state forest through formulation of Orissa Village Forest Rule, 1985. In context of thousands of community groups protecting and managing nearby forests on their own, this rule holds significance and could have had remarkable impact over whole of forest governance in the state.
However, past twenty years of experience depicts a different scenario, contradicting the then made claims. A close analysis of the existing rules gives glimpses of what went wrong at the policy level which created hindrance and defeated the very objective of village forest and its rule.
It is learnt that the rules in Odisha are so framed that the provisions for village forest can be utilized only for the area under social forestry although this has not been clearly stated. The nature and content of the rule are so, evidently because the primary intension was not to provide a proper legal framework to voluntary efforts of the village communities in the area of forestry being done on a large scale. There are some major issues like larger participation of villagers in managing their affairs, downward accountability toward village, ownership of village over resources, recognition of customary and traditional practices, larger involvement of stakeholders in claim settlement process, resolution of disputes and conflicts and clearly defined role of forest and other government officials, which are not clearly stated or laid down in the rule but have their own significance in larger process of decentralization and management of forest.
Also, rule does not carry the real essence of the Orissa Forest Act; on which this rule was framed. Hence, there is a need to amend certain aspect of the rule by incorporating above mentioned larger issues to make it more rational, toward democratization of forest management, equitable and transparent & accountable towards them, for whom this rule is meant for. Further, we shall try to discuss which and why major amendments are proposed in the existing rule.
Role of Palli Sabha: The essence of Village forest in the act suggests that it is meant to benefit the interest of village Communities. But this essence doesn't reflect in the rule. The rule does not give any scope for villagers to decide or even participate in the affairs of management. Whole management of village forest lies in the hand of few individuals who are not downwardly accountable to village but to forester as he is the person who appoints them in the committee.
Further, Forester has all functioning power similar to JFM in the management of village forest. This gives space to vested interest to maneuver the whole process in their favor and get leverage of association with someone who matters.
Therefore, in the amendments, focus has been given to village assembly for larger participation and downward accountability for management of village forest. In context of Orissa, Palli Sabha is the actual village assembly as it covers only one village or in maximum two villages and also has statutory recognition by government. Therefore, the proposed amendments give important role to Palli Sabha in terms of resource ownership and management rights over village forest and its produce. Since Palli Sabha is not an elected body but a democratic entity by virtue of village residents being its suo-motto members, it is rational and justified to give it all rights over the forest under its jurisdiction.
Constitution of Forest Enquiry and Settlement Committee: In the existing rule no detail procedure were laid down for registering the claims and settling the existing rights. There is only one small provision in the rule where concerned Range Officer is supposed to register and verify the individual claims if any and give report to Tehsildar for settlement. But nothing were mentioned about procedure through which these claims are to be registered, verified and settled, which gives scope and leverage for the concerned person for manipulation.
In addition, nothing had been made with respect to communal rights of neighboring villages such as Nistar rights or circumstantial rights of such villages who are protecting or managing such forest for long and those families who are dependent on such forest for their survival and drawing their own bonafide livelihood. Claim and settlement process is a significant issue which needs to be taken up carefully so that minimum disputes and conflicts might arise out of notification of such forest as village forest and vesting of rights in one particular village.
Hence, in the proposed amendments, constitution of Forest Enquiry and Settlement Committee and power of registering, verifying and settling claims and rights to this committee instead of Range Officer and Tehsildar is mentioned. Such Committee shall be constituted with three government officials including revenue and forest; three ex-officio members nominated by Panchayat Samiti of forest area and one ecology expert from local university or other institutions. This committee shall be constituted at Sub-divisional level and one member each shall be nominated from local forest federation and civil society organizations. Verification and settlement of all claims shall be done in the open public meeting in the concerned village/s and Palli Sabha shall give its free informed written consent on every order passed by such committee. Provision for rights and privileges of other or neighboring villages and pastoral communities are also mentioned in the amendments.
Resolving disputes and conflicts arising before and after notification of Village Forest: In the present rule, no provision except appeal to sub-collector is mentioned about resolution of disputes and conflict arising out of settlement process and over management of such village forest. However, the disputes and conflicts are bound to arise given the complexity of forest conservation and management and spread of claims over one particular forest patch among many villages. If mechanism for dispute and conflict resolution is not included, creation of village forest shall become a curse for conservation rather than boon.
Henceforth, in the amendment, constitution of Dispute Resolution Committee with nine members at district level is proposed. Out of the nine members four are from Forest federations and civil society organization. One retired Judge served in the district and nominated by Zilla Parishad is also included. Proposed amendment gives authority to this committee to ask for reply from any concerned person or organization including revenue department and forest department in case of any dispute. After receiving reply from concerned parties, the committee shall settle the dispute in the open public meeting at the concerned village. Its order shall be final but subject to further appeal.
In case of conflict arising after notification over management of village forest, such committee shall intervene if asked but not before all other possibilities such as discussion in the Palli Sabha or in case of inter-village conflict, in joint Palli Sabha and any other traditional or customary institutions existing in the area. Such committee shall only intervene in the last and through open public meeting and its decision shall be final but subject to further appeal.
Framing its own rules and regulation: The present rule does not provide any scope to incorporate diversity of institutional functioning and try to impose a crafted institution over the village with no functioning power. However, experience suggest that villages through their own customary and traditional rules have ably managed and conserved forest and created remarkable impact over resource regeneration and empowerment of village communities.
Therefore, amendments proposed talked about inclusion of space for villages to devise their own rules and regulation in line of their customary practices and in accordance with forest governing laws so that conservation of forest and meeting local needs shall go vis-à-vis. The amendment gives power to Palli Sabha to devise their own rules and regulation in written form covering aspect of protection, management of resource, penal system, grazing and benefit sharing. All such rules are framed and approved in the open public meeting with two-third of quorum. Palli Sabha shall also have power to challenge if it feels any objection is raised by the govt. department over its rules are not technically sound or which may jeopardize the rights and welfare of villagers or not in accordance with the law.
Structure of Village Forest Management Committee: In the present rule, there is provision of Village Forest Committee under which all management rights over village forest are vested. However, in a close analysis, it suggests that these management rights are superficial with complete accountability towards Forest department, particularly with forester and Range Officer. The constitution and functioning of this committee also gives same impression where Forester has all power to appoint members to this committee. Also he/she has power to call meeting and maintain notice & proceeding book.
Therefore, the rule provides lot of space for maneuvering by forester while villagers are restricted in putting their view. The proposed amendments suggest overhauling of the present structure with changed name. The committee in the amendment called as Village Forest Management Committee. It has all management right and have right to implement the decision of Palli Sabha. The structure of committee in the amendment is such that all its members and office bearers shall be elected by Palli Sabha. The Chairperson shall have authority to call and preside over the meeting. The Secretary so elected has to maintain all proceeding and notice such issued for record. He/she also correspond with govt. department and other agencies for specific purpose. Village fund for purpose of this rule shall be operated by four account holders including Chairperson and Secretary. Forester or any outsiders without permission of the committee shall not sit in the meeting and in no case they are part of decision making.
Sharing of Produce: In the present rule, any villager can get forest produce from the village forest on payment of schedule rate of concerned forest division. This provision in no case is in line of natural justice and equality. Though the villagers put their efforts in form of protection and maintenance of boundary to regenerate the resource, still they have to pay same amount of rate which any outsider or contractor has to pay. Then where is the incentive for forest protection. They must be entitled to take necessary produce for domestic consumption and bonafide livelihood without paying any amount. This same notion has been proposed in the amendment. Other than this one part of amount generated from sale of forest produce gathered on communal basis shall be distributed among households on one share per kitchen basis. Apart from this, special provisions for sharing produce among economically weaker sections, Women headed family, widow, Old age persons, Physically challenged persons and landless person; rule such devised by Palli Sabha. For outsider, produce shall be sold on the schedule rate applicable in the concerned division.
Flow of Fund accountable to Village: Financial accountability in relation with village forest management in the present rule is upward with no mention of village. This allows the vested interest to crop up and dominate the process. On the other side, those who are really dependent on the forest get excluded from the process. This very aspect defeats the purpose and objective of village forest. Henceforth, there is a need to include certain provisions in the rule which shall ensure downward accountability towards village.
This will not only make system function properly with better participation but also ensure functional transparency in the management of village forest. Therefore in the proposed amendment, aspect of monitoring and review of all financial transaction of the committee by Palli Sabha is included. Further, any type of grant from government or panchayat or any private agencies to village fund for management of village forest shall be approved by Palli sabha in the open meeting. Palli sabha is also authorized for internal audit through its special committee. In addition village fund can be utilized for any purpose as deem fit by Palli Sabha and decided in the open meeting.
Apart from these major issues, there are number of issues which are included in the proposed amendments to ensure better participation, transparency and accountability, equitable distribution of resource among community members, enhancement of environmental services and social justice of forest protection and management. Henceforth, it is presumed that through these amendments, long standing issue of recognizing community efforts in regeneration of resource and democratization of forest governance shall be achieved.
[The author is co-ordinator, Working Group on Orissa Village Forests Rules Amendment Process. Please send your comments and suggestions at janatavikasmanch@gmail.com and visit www.janatavikasmanch.blogspot.com for more information.]
Odisha government had taken step towards decentralization of state forest through formulation of Orissa Village Forest Rule, 1985. In context of thousands of community groups protecting and managing nearby forests on their own, this rule holds significance and could have had remarkable impact over whole of forest governance in the state.
However, past twenty years of experience depicts a different scenario, contradicting the then made claims. A close analysis of the existing rules gives glimpses of what went wrong at the policy level which created hindrance and defeated the very objective of village forest and its rule.
It is learnt that the rules in Odisha are so framed that the provisions for village forest can be utilized only for the area under social forestry although this has not been clearly stated. The nature and content of the rule are so, evidently because the primary intension was not to provide a proper legal framework to voluntary efforts of the village communities in the area of forestry being done on a large scale. There are some major issues like larger participation of villagers in managing their affairs, downward accountability toward village, ownership of village over resources, recognition of customary and traditional practices, larger involvement of stakeholders in claim settlement process, resolution of disputes and conflicts and clearly defined role of forest and other government officials, which are not clearly stated or laid down in the rule but have their own significance in larger process of decentralization and management of forest.
Also, rule does not carry the real essence of the Orissa Forest Act; on which this rule was framed. Hence, there is a need to amend certain aspect of the rule by incorporating above mentioned larger issues to make it more rational, toward democratization of forest management, equitable and transparent & accountable towards them, for whom this rule is meant for. Further, we shall try to discuss which and why major amendments are proposed in the existing rule.
Role of Palli Sabha: The essence of Village forest in the act suggests that it is meant to benefit the interest of village Communities. But this essence doesn't reflect in the rule. The rule does not give any scope for villagers to decide or even participate in the affairs of management. Whole management of village forest lies in the hand of few individuals who are not downwardly accountable to village but to forester as he is the person who appoints them in the committee.
Further, Forester has all functioning power similar to JFM in the management of village forest. This gives space to vested interest to maneuver the whole process in their favor and get leverage of association with someone who matters.
Therefore, in the amendments, focus has been given to village assembly for larger participation and downward accountability for management of village forest. In context of Orissa, Palli Sabha is the actual village assembly as it covers only one village or in maximum two villages and also has statutory recognition by government. Therefore, the proposed amendments give important role to Palli Sabha in terms of resource ownership and management rights over village forest and its produce. Since Palli Sabha is not an elected body but a democratic entity by virtue of village residents being its suo-motto members, it is rational and justified to give it all rights over the forest under its jurisdiction.
Constitution of Forest Enquiry and Settlement Committee: In the existing rule no detail procedure were laid down for registering the claims and settling the existing rights. There is only one small provision in the rule where concerned Range Officer is supposed to register and verify the individual claims if any and give report to Tehsildar for settlement. But nothing were mentioned about procedure through which these claims are to be registered, verified and settled, which gives scope and leverage for the concerned person for manipulation.
In addition, nothing had been made with respect to communal rights of neighboring villages such as Nistar rights or circumstantial rights of such villages who are protecting or managing such forest for long and those families who are dependent on such forest for their survival and drawing their own bonafide livelihood. Claim and settlement process is a significant issue which needs to be taken up carefully so that minimum disputes and conflicts might arise out of notification of such forest as village forest and vesting of rights in one particular village.
Hence, in the proposed amendments, constitution of Forest Enquiry and Settlement Committee and power of registering, verifying and settling claims and rights to this committee instead of Range Officer and Tehsildar is mentioned. Such Committee shall be constituted with three government officials including revenue and forest; three ex-officio members nominated by Panchayat Samiti of forest area and one ecology expert from local university or other institutions. This committee shall be constituted at Sub-divisional level and one member each shall be nominated from local forest federation and civil society organizations. Verification and settlement of all claims shall be done in the open public meeting in the concerned village/s and Palli Sabha shall give its free informed written consent on every order passed by such committee. Provision for rights and privileges of other or neighboring villages and pastoral communities are also mentioned in the amendments.
Resolving disputes and conflicts arising before and after notification of Village Forest: In the present rule, no provision except appeal to sub-collector is mentioned about resolution of disputes and conflict arising out of settlement process and over management of such village forest. However, the disputes and conflicts are bound to arise given the complexity of forest conservation and management and spread of claims over one particular forest patch among many villages. If mechanism for dispute and conflict resolution is not included, creation of village forest shall become a curse for conservation rather than boon.
Henceforth, in the amendment, constitution of Dispute Resolution Committee with nine members at district level is proposed. Out of the nine members four are from Forest federations and civil society organization. One retired Judge served in the district and nominated by Zilla Parishad is also included. Proposed amendment gives authority to this committee to ask for reply from any concerned person or organization including revenue department and forest department in case of any dispute. After receiving reply from concerned parties, the committee shall settle the dispute in the open public meeting at the concerned village. Its order shall be final but subject to further appeal.
In case of conflict arising after notification over management of village forest, such committee shall intervene if asked but not before all other possibilities such as discussion in the Palli Sabha or in case of inter-village conflict, in joint Palli Sabha and any other traditional or customary institutions existing in the area. Such committee shall only intervene in the last and through open public meeting and its decision shall be final but subject to further appeal.
Framing its own rules and regulation: The present rule does not provide any scope to incorporate diversity of institutional functioning and try to impose a crafted institution over the village with no functioning power. However, experience suggest that villages through their own customary and traditional rules have ably managed and conserved forest and created remarkable impact over resource regeneration and empowerment of village communities.
Therefore, amendments proposed talked about inclusion of space for villages to devise their own rules and regulation in line of their customary practices and in accordance with forest governing laws so that conservation of forest and meeting local needs shall go vis-à-vis. The amendment gives power to Palli Sabha to devise their own rules and regulation in written form covering aspect of protection, management of resource, penal system, grazing and benefit sharing. All such rules are framed and approved in the open public meeting with two-third of quorum. Palli Sabha shall also have power to challenge if it feels any objection is raised by the govt. department over its rules are not technically sound or which may jeopardize the rights and welfare of villagers or not in accordance with the law.
Structure of Village Forest Management Committee: In the present rule, there is provision of Village Forest Committee under which all management rights over village forest are vested. However, in a close analysis, it suggests that these management rights are superficial with complete accountability towards Forest department, particularly with forester and Range Officer. The constitution and functioning of this committee also gives same impression where Forester has all power to appoint members to this committee. Also he/she has power to call meeting and maintain notice & proceeding book.
Therefore, the rule provides lot of space for maneuvering by forester while villagers are restricted in putting their view. The proposed amendments suggest overhauling of the present structure with changed name. The committee in the amendment called as Village Forest Management Committee. It has all management right and have right to implement the decision of Palli Sabha. The structure of committee in the amendment is such that all its members and office bearers shall be elected by Palli Sabha. The Chairperson shall have authority to call and preside over the meeting. The Secretary so elected has to maintain all proceeding and notice such issued for record. He/she also correspond with govt. department and other agencies for specific purpose. Village fund for purpose of this rule shall be operated by four account holders including Chairperson and Secretary. Forester or any outsiders without permission of the committee shall not sit in the meeting and in no case they are part of decision making.
Sharing of Produce: In the present rule, any villager can get forest produce from the village forest on payment of schedule rate of concerned forest division. This provision in no case is in line of natural justice and equality. Though the villagers put their efforts in form of protection and maintenance of boundary to regenerate the resource, still they have to pay same amount of rate which any outsider or contractor has to pay. Then where is the incentive for forest protection. They must be entitled to take necessary produce for domestic consumption and bonafide livelihood without paying any amount. This same notion has been proposed in the amendment. Other than this one part of amount generated from sale of forest produce gathered on communal basis shall be distributed among households on one share per kitchen basis. Apart from this, special provisions for sharing produce among economically weaker sections, Women headed family, widow, Old age persons, Physically challenged persons and landless person; rule such devised by Palli Sabha. For outsider, produce shall be sold on the schedule rate applicable in the concerned division.
Flow of Fund accountable to Village: Financial accountability in relation with village forest management in the present rule is upward with no mention of village. This allows the vested interest to crop up and dominate the process. On the other side, those who are really dependent on the forest get excluded from the process. This very aspect defeats the purpose and objective of village forest. Henceforth, there is a need to include certain provisions in the rule which shall ensure downward accountability towards village.
This will not only make system function properly with better participation but also ensure functional transparency in the management of village forest. Therefore in the proposed amendment, aspect of monitoring and review of all financial transaction of the committee by Palli Sabha is included. Further, any type of grant from government or panchayat or any private agencies to village fund for management of village forest shall be approved by Palli sabha in the open meeting. Palli sabha is also authorized for internal audit through its special committee. In addition village fund can be utilized for any purpose as deem fit by Palli Sabha and decided in the open meeting.
Apart from these major issues, there are number of issues which are included in the proposed amendments to ensure better participation, transparency and accountability, equitable distribution of resource among community members, enhancement of environmental services and social justice of forest protection and management. Henceforth, it is presumed that through these amendments, long standing issue of recognizing community efforts in regeneration of resource and democratization of forest governance shall be achieved.
[The author is co-ordinator, Working Group on Orissa Village Forests Rules Amendment Process. Please send your comments and suggestions at janatavikasmanch@gmail.com and visit www.janatavikasmanch.blogspot.com for more information.]
Friday, February 6, 2009
Politician Vs Poor family of KBK region
A member has send this cartoon to Janata Vikas Manch. The cartoon is relevant in the current political scenario.
Wednesday, February 4, 2009
Secular polity should be strengthened for the holistic development of Odisha
By Sudarsan Das
The 2008 was the black year for Odisha. Kandhamal violence has not only shaken the back bone of Odisha's society, but it has also tarnished the state's image before the national and global community.
The communal conflagration of Kandhamal has lasted for several months last year. It spread to new places in new forms and made people helpless and threatened. The situation has turned more complex. Both the sides used fire arms, ammunitions and explosives. It appeared as if Kadhamal is on a keg of explosives.
There are long range implications of the Kandhamal calamity. Not only it has undermined our national and international standing, it may also hamper the foreign aid and foreign help to Odisha. Likewise, it may undermine and jeopardize the long standing traditions of cultural amity, understanding & co-existence, between ethnic groups, castes and communities of the state. Truly, the happenings of Kandhamal are no longer a small mis-adventure but turned into a great disaster.
Kandhamal violence has moved the chief minister of Odisha too. While Naveen Patnaik was touring the torched villages, turned into graveyards, an affected old destitute woman reportedly approached him. She held his hand and cried disconsolately. The heart rending cry of that old woman and the tragic circumstances melted his heart and tears rolled down his cheeks.
The media head lines next day went hoarse "The Chief Minister, cried". On return to Bhubaneswar with a heavy heart he told the media: "The incidents of Kandhamal are the most unfortunate event during his administration" .
Not only the chief minister, but majority of the people of Odisha think in the similar manner. The incidents of Kandhamal have affected them deeply. The compassion in their hearts, as his, have rolled down as tears. The people of the State have been deeply saddened by the recent communal incidents in Kandhamal. The combined gash of their hearts and tears of their eyes has shaken one and all.
The history of Indian communal violence shows that the main reason of riots is: Government inaction. Of course, Gujarat is a rare exception where, official encouragement was behind the riots. But in most places, riots become uncontrollable when and where government fails to instill the fear of law in the minds of the rioters. When government fails to instill confidence in the mind of the affected public and fails take steps to create fear of Law in the mind of the rioters, it is self-evident that riots will spread. Strict Government action alone, impedes riots and rioters.
In this regard in September 1957, the then prime minister of India, late Mr Jawaharlal Nehru, had written a letter to the then chief ministers. Invoking them to resist people involved in communal violence and hate, he wrote, "The issue should be fronted with strong action, as early as possible. The violators of law should be arrested and enterned, asap. People should believe that Government has no soft corner for the rioters".
Unhappy at the administrative actions taken, Nehru further wrote, "We have slowed down in this regard. Thus, the problem has continued to escalate. The main promoters of poison of communal hatred, the mischief mongers and goons, are thus continuing their work, unhindered. Yet, when the issue comes to a boil, a few innocent are arrested, the master minds escape the persecution.”
We observe the deviations from these guide lines, in Nehru's own time in office. But relevance of that letter and invocation is still paramount, particularly in light of the recent communal violence in Kandhamal.
If one analyses the sequence of events from last December till today, one comes to the clear conclusion that the state government has not taken the measures necessary to prevent the spread of communal hatred and consequent violence. Rather, the government has remained a silent spectator, Naveen Patnaik being the Home minister of the state. The fire of communalism in Kandhamal had also spread to other states of India, like Karnataka & Kerala.
The majority of Odiyas are religious but are not communal. Even today they are free from communal hatred and malice. Communal amity still prevails in the state. But, the individuals and organizations, undermining this amity need to be brought to book with a strong hand. pronto.
The communal hate, crimes and disturbance, starting July 22, 2008 till today has dumbfounded all of us. The murder of Swami Laxmanananda and following counter attack, burning of thousands of houses of innocents, mass rioting and large scale disturbances have blackened the image of Odisha.
It is difficult to find words harsh enough, to appropriately condemn these dastardly acts. On the other hand, those who became the leaders of the post Swami Laxmananda murder acts, who burned alive innocents like Rajani, who burned thousands of homes, caused a state-wide
unrest and vandalism, sure are no friends of Hinduism.
Many intellectuals forewarned in 1950s about spread of communalism in Punjab, which was ignored. It surfaced in 1981 and in 1984 and became so vicious that it crossed all bounds of humanism. People saw how vicious can the communal violence be, in the post partition, India.
In the 90s, communal thoughts prevailed in creating a series of communal riots in which cities like Moradabad, Meerut, Bangalore, Bombay, Bhagalpur, Jaypore and Lucknow, endured. These riots, challenged the human conscience and values of Indians.
At the advent of the 21st century again the country got shocked at a conflagration of communal violence. In February-March, 2002, the Gujarat conflagration burned out of control. It was so vicious, venomous and wide spread that it threatened common man with fear and disgust. The ripping open with a sword of a human fetus out of the body of a pregnant women, in that riot, does not have any parallel in our history.
Gujrat riots are deemed a national shame. This riot was the most vicious since, 1947 and was unprecedented in the history of Gujarat and it's administration being actively involved in these riots. Gujarat Police took the role of rioters.
The Sangh Parivar has tried to make Odisha as their second laboratory of communalism to retain power in the state. Communal is a bane to the human society. It is anti-religious and anti-development. It is now the duty of all the citizens of the state specially the intelligentsia to thwart the communal mindset and to restore communal peace and harmony. The secular polity of Odisha should be strengthened for the overall development of the state.
The author is a political activist and columnist. Please send your comments at janatavikasmanch@gmail.com or sudarsan_d@yahoo.com and visit www.janatavikasmanch.blogspot.com for more information.
The 2008 was the black year for Odisha. Kandhamal violence has not only shaken the back bone of Odisha's society, but it has also tarnished the state's image before the national and global community.
The communal conflagration of Kandhamal has lasted for several months last year. It spread to new places in new forms and made people helpless and threatened. The situation has turned more complex. Both the sides used fire arms, ammunitions and explosives. It appeared as if Kadhamal is on a keg of explosives.
There are long range implications of the Kandhamal calamity. Not only it has undermined our national and international standing, it may also hamper the foreign aid and foreign help to Odisha. Likewise, it may undermine and jeopardize the long standing traditions of cultural amity, understanding & co-existence, between ethnic groups, castes and communities of the state. Truly, the happenings of Kandhamal are no longer a small mis-adventure but turned into a great disaster.
Kandhamal violence has moved the chief minister of Odisha too. While Naveen Patnaik was touring the torched villages, turned into graveyards, an affected old destitute woman reportedly approached him. She held his hand and cried disconsolately. The heart rending cry of that old woman and the tragic circumstances melted his heart and tears rolled down his cheeks.
The media head lines next day went hoarse "The Chief Minister, cried". On return to Bhubaneswar with a heavy heart he told the media: "The incidents of Kandhamal are the most unfortunate event during his administration" .
Not only the chief minister, but majority of the people of Odisha think in the similar manner. The incidents of Kandhamal have affected them deeply. The compassion in their hearts, as his, have rolled down as tears. The people of the State have been deeply saddened by the recent communal incidents in Kandhamal. The combined gash of their hearts and tears of their eyes has shaken one and all.
The history of Indian communal violence shows that the main reason of riots is: Government inaction. Of course, Gujarat is a rare exception where, official encouragement was behind the riots. But in most places, riots become uncontrollable when and where government fails to instill the fear of law in the minds of the rioters. When government fails to instill confidence in the mind of the affected public and fails take steps to create fear of Law in the mind of the rioters, it is self-evident that riots will spread. Strict Government action alone, impedes riots and rioters.
In this regard in September 1957, the then prime minister of India, late Mr Jawaharlal Nehru, had written a letter to the then chief ministers. Invoking them to resist people involved in communal violence and hate, he wrote, "The issue should be fronted with strong action, as early as possible. The violators of law should be arrested and enterned, asap. People should believe that Government has no soft corner for the rioters".
Unhappy at the administrative actions taken, Nehru further wrote, "We have slowed down in this regard. Thus, the problem has continued to escalate. The main promoters of poison of communal hatred, the mischief mongers and goons, are thus continuing their work, unhindered. Yet, when the issue comes to a boil, a few innocent are arrested, the master minds escape the persecution.”
We observe the deviations from these guide lines, in Nehru's own time in office. But relevance of that letter and invocation is still paramount, particularly in light of the recent communal violence in Kandhamal.
If one analyses the sequence of events from last December till today, one comes to the clear conclusion that the state government has not taken the measures necessary to prevent the spread of communal hatred and consequent violence. Rather, the government has remained a silent spectator, Naveen Patnaik being the Home minister of the state. The fire of communalism in Kandhamal had also spread to other states of India, like Karnataka & Kerala.
The majority of Odiyas are religious but are not communal. Even today they are free from communal hatred and malice. Communal amity still prevails in the state. But, the individuals and organizations, undermining this amity need to be brought to book with a strong hand. pronto.
The communal hate, crimes and disturbance, starting July 22, 2008 till today has dumbfounded all of us. The murder of Swami Laxmanananda and following counter attack, burning of thousands of houses of innocents, mass rioting and large scale disturbances have blackened the image of Odisha.
It is difficult to find words harsh enough, to appropriately condemn these dastardly acts. On the other hand, those who became the leaders of the post Swami Laxmananda murder acts, who burned alive innocents like Rajani, who burned thousands of homes, caused a state-wide
unrest and vandalism, sure are no friends of Hinduism.
Many intellectuals forewarned in 1950s about spread of communalism in Punjab, which was ignored. It surfaced in 1981 and in 1984 and became so vicious that it crossed all bounds of humanism. People saw how vicious can the communal violence be, in the post partition, India.
In the 90s, communal thoughts prevailed in creating a series of communal riots in which cities like Moradabad, Meerut, Bangalore, Bombay, Bhagalpur, Jaypore and Lucknow, endured. These riots, challenged the human conscience and values of Indians.
At the advent of the 21st century again the country got shocked at a conflagration of communal violence. In February-March, 2002, the Gujarat conflagration burned out of control. It was so vicious, venomous and wide spread that it threatened common man with fear and disgust. The ripping open with a sword of a human fetus out of the body of a pregnant women, in that riot, does not have any parallel in our history.
Gujrat riots are deemed a national shame. This riot was the most vicious since, 1947 and was unprecedented in the history of Gujarat and it's administration being actively involved in these riots. Gujarat Police took the role of rioters.
The Sangh Parivar has tried to make Odisha as their second laboratory of communalism to retain power in the state. Communal is a bane to the human society. It is anti-religious and anti-development. It is now the duty of all the citizens of the state specially the intelligentsia to thwart the communal mindset and to restore communal peace and harmony. The secular polity of Odisha should be strengthened for the overall development of the state.
The author is a political activist and columnist. Please send your comments at janatavikasmanch@gmail.com or sudarsan_d@yahoo.com and visit www.janatavikasmanch.blogspot.com for more information.
Sunday, February 1, 2009
Kendu-Leave collection makes state rich and tribals poorer
Panchayati Raj governance and Forest Rights Act can help the tribals to revive their economic status, writes Pravin Patel, director, Tribal Welfare Society and Public Eye Swiss Award 2008 nominee
More than 10 lakh (1 Million) tribals and other forest dwellers are engaged in the Kendu Leaves (KL) collection in the state of Odisha. Kendu leaves trade in Odisha was done by few private contractors who made huge money in this lucrative trade. Those private contractors were so powerful that they successfully managed to interfere in state politics but also got the ministers of their choice. The interferences were tolerated in exchange of huge donations to political parties to buy favours. The instability of the Odisha governments during 1960s is largely attributed to the powerful Kendu Leaves lobby.
Immediately on coming of the late Indira Gandhi to the centre stage of National Politics; through the then chief minister late Nandini Satpathy nationalized the trade in the year 1973 to get rid of the private contractors. Big claims were made that KL contractors are exploiting poor tribals, as such to save them from being exploited, the trade will be conducted by the state Forest department which was assigned the duty to collect KL from the tribals and process the same and hand over to the Odisha State Forest Development Corporation for marketing.
With change in the players, Private traders' monopoly has been replaced by the Forest Department monopoly. Since 1973, a long period of thirty five years has passed. It can be safely assumed that the plight of the tribals must have changed within this period in the KL trade that generates annually about Rs 500 crore (INR 50 million) from average production of five lakh quintals. We were shocked to see that the plight of the tribals has on the contrary worsened. Poor tribals have become pauper. The very fact that almost half of the population of Odisha lives Below Poverty Line (BPL), which must be 80% or more amongst the KL pluckers. Besides acute poverty, lack of quality education, corruption in Public Distribution System (PDS) and lack of health care has resulted in malnutrition that has pushed them to their premature death.
Despite change in policy that promised them to bail out of exploitation, despite spending huge money on several developmental heads, if this is the reality, Questions are raised why? Whom to blame? What can be done? To find answers we need to look at reasons one by one.
The first reason is the dictatorial attitude of the forest officials who have replaced private traders. KL activities have been a milking cow particularly for field staff like for rangers and forest guards. Fictitious purchases; under counting of leaves and various tricks played in quality gradation of the processed leaves are some of the sources of eating away the money.
The other reason is the overall neglect of the tribals by the state in practicing anti-tribal policies for the comforts of Biri manufacturers, Industrial and Mining Corporations. It is shocking to know that while Iron Ore, Bauxite and other natural mineral wealth are allowed to be virtually looted at laughably low rate of royalty, for example Iron ore, it is only Rs. 4/- at the lowest and Rs. 27/- per MT (International market rate is about Rs. 10,000/-)
Bamboo is another example. Under management of OFDC, Bamboos were supplied at a highly subsidized rate to paper mills. When the paper mills can be supplied bamboo at only 49 Paise each piece, why tribals needs are ignored? Why tribals are harassed on false cases despite those tribals need Bamboos to weave baskets and make other products for livelihood. Even the artisans' needs are ignored.
Games played in Kendu Leaves
State share of earnings in shape of royalty and taxes is more than 40%, where as 10 lakh pluckers gets only about 25%. Forest department with a staff of 12,000 spends about 15% towards establishment cost, research and in the name of other over heads. What research they have done at the cost of spending crores of rupees is any body's guess.
The above facts makes it amply clear that the state policies are drafted to help those who can buy favours where as the poor tribals are denied their legitimate rights. State must accept the fact that its wrongly cultivated policies have failed to save tribals from being exploited or improve their economic and social conditions. The result of thirty five years of failed policy has pushed them to absolute poverty.
Newspapers have reported of selling children and wives at Bolangir district, where KL of best quality is collected that fetches highest rates in the country. Exporters compete with each other to buy those leaves at the highest rate in the country, those who collect the leaves are extremely poor.
The story is not limited to Bolangir only. We find in newspapers reports about protesting tribals from many areas of the state that even after months payments to the KL pluckers are not made. KL pluckers mortgage their cards to the money lenders, who collect the money on behalf of the pluckers. Delay causes further losses of high rate of interest charged by the money lenders.
It is painful to note that the Kendu Leaves Coordination Committee chaired by Chief Secretary, finds it difficult to even increase a paisa or two per bundle of 20 Kendu leaves by stating that any increase in purchase price will make the KL business less lucrative. Even when the decisions are taken with great difficulty, it is publicized as if great favours done on KL pluckers. This exposes the mentality of the state who exploit tribals as a tool to earn Rs 500 crore but even a token increase in KL purchase prices, their eyebrows are raised. From the air conditioned comforts they expect tribals to defy scorching summer sun with mercury touching 48 degree to collect KL.
From the above facts, we can conclude that monopoly of the state, dictatorial attitude of the forest officials at the field level, inept police to crack on illegally operating money lenders and lack of accountability at all level by the concerned officials is the root cause of misery to the tribals. The very purpose to save the tribals from being exploited at the hands of private contractors for which the trade was nationalized stands defeated.
The present policy practiced from last 35 years has failed. When there is a need to completely change the policy, tribals are lured by playing cheap vote bank politics by promising to give them shoes / chappals for free. Nationalization of Kendu Leaves is a glaring example to demonstrate how blindly a failed policy can be pursued so long for political games and satisfying Biri industries. Where the tribals should go?
After a long struggle to get justice by the tribals and civil society organization, it took 60 years to the Indian parliament to admit the 'historic injustice' done to the Scheduled Tribes and forest dwellers to get rid of the corrupt forest and revenue department officials. "The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006" finally recognized their rights, but the rules were framed much later i.e. w.e.f. January 1. 2008. The delay in implementation of the act is largely due to the strong opposition by a certain group of people who desperately tried their best to see that the tribals are not given their rights.
Forest rights act besides recognizing ownership of occupied land in the forests and provides rightful access to collect 'minor forest produce', including Kendu leaves, Bamboo, Honey besides other minor forest produces. FRA provides unrestricted collection of minor forest produces by tribals and other forest dwelling communities. It also allows one time processing and sales to whomsoever they wish. However, in absence of clear rules, some confusion remains on how to transport the material from the forest to the customer's destination.
Forest officials and traders who exploit tribals are under fear to get out of business if the tribals use their rights. Few retired Forest Department officials of Odisha have filed a Public Interest Litigation before the Hon'ble High Court of Odisha demanding to stay the implementation of the act by labeling tribals as "Encroachers" and feared that they will destroy the remaining forests. On the contrary, in many areas tribals themselves have come forward to protect forests. The fact remains that without forests tribals can not survive and without tribals forests can not be safe.
As per a report, Odisha has lost more than 25% of its forest cover during the period 1972 to 1999, which is much before the Forest Rights Act has come in to force. This further exposes the hollow charges of the officials who have not only failed in their duties to protect the forests. Is it a secret that timber and forest mafias have eaten away most of the forests including the Simlipal reserve forest! The so called plantations done by the forest department has largely remained on paper only. Money is spent but trees are not seen in itself; complains of corruption in the department. Where has the money gone that has been spent in the name of plantations?
Government policies and institutions have failed to raise the economic condition of the tribals all these years. Panchayati Raj governance and Forest Rights Act are two legal provisions that empower tribals to shape their future and improve socio economic conditions. A beginning has been made but lot more needs to be done. There is an urgent need to spread awareness amongst tribals about their rights on forest produces including Kendu Leaves; Bamboo; Sal Seed and other forest produces so that they can demand justice and start using those rights for their speedy economic recovery.
Please send your comments and suggestions at janatavikasmanch@gmail.com. And, visit www.janatavikasmanch.blogspot.com for more information.
More than 10 lakh (1 Million) tribals and other forest dwellers are engaged in the Kendu Leaves (KL) collection in the state of Odisha. Kendu leaves trade in Odisha was done by few private contractors who made huge money in this lucrative trade. Those private contractors were so powerful that they successfully managed to interfere in state politics but also got the ministers of their choice. The interferences were tolerated in exchange of huge donations to political parties to buy favours. The instability of the Odisha governments during 1960s is largely attributed to the powerful Kendu Leaves lobby.
Immediately on coming of the late Indira Gandhi to the centre stage of National Politics; through the then chief minister late Nandini Satpathy nationalized the trade in the year 1973 to get rid of the private contractors. Big claims were made that KL contractors are exploiting poor tribals, as such to save them from being exploited, the trade will be conducted by the state Forest department which was assigned the duty to collect KL from the tribals and process the same and hand over to the Odisha State Forest Development Corporation for marketing.
With change in the players, Private traders' monopoly has been replaced by the Forest Department monopoly. Since 1973, a long period of thirty five years has passed. It can be safely assumed that the plight of the tribals must have changed within this period in the KL trade that generates annually about Rs 500 crore (INR 50 million) from average production of five lakh quintals. We were shocked to see that the plight of the tribals has on the contrary worsened. Poor tribals have become pauper. The very fact that almost half of the population of Odisha lives Below Poverty Line (BPL), which must be 80% or more amongst the KL pluckers. Besides acute poverty, lack of quality education, corruption in Public Distribution System (PDS) and lack of health care has resulted in malnutrition that has pushed them to their premature death.
Despite change in policy that promised them to bail out of exploitation, despite spending huge money on several developmental heads, if this is the reality, Questions are raised why? Whom to blame? What can be done? To find answers we need to look at reasons one by one.
The first reason is the dictatorial attitude of the forest officials who have replaced private traders. KL activities have been a milking cow particularly for field staff like for rangers and forest guards. Fictitious purchases; under counting of leaves and various tricks played in quality gradation of the processed leaves are some of the sources of eating away the money.
The other reason is the overall neglect of the tribals by the state in practicing anti-tribal policies for the comforts of Biri manufacturers, Industrial and Mining Corporations. It is shocking to know that while Iron Ore, Bauxite and other natural mineral wealth are allowed to be virtually looted at laughably low rate of royalty, for example Iron ore, it is only Rs. 4/- at the lowest and Rs. 27/- per MT (International market rate is about Rs. 10,000/-)
Bamboo is another example. Under management of OFDC, Bamboos were supplied at a highly subsidized rate to paper mills. When the paper mills can be supplied bamboo at only 49 Paise each piece, why tribals needs are ignored? Why tribals are harassed on false cases despite those tribals need Bamboos to weave baskets and make other products for livelihood. Even the artisans' needs are ignored.
Games played in Kendu Leaves
State share of earnings in shape of royalty and taxes is more than 40%, where as 10 lakh pluckers gets only about 25%. Forest department with a staff of 12,000 spends about 15% towards establishment cost, research and in the name of other over heads. What research they have done at the cost of spending crores of rupees is any body's guess.
The above facts makes it amply clear that the state policies are drafted to help those who can buy favours where as the poor tribals are denied their legitimate rights. State must accept the fact that its wrongly cultivated policies have failed to save tribals from being exploited or improve their economic and social conditions. The result of thirty five years of failed policy has pushed them to absolute poverty.
Newspapers have reported of selling children and wives at Bolangir district, where KL of best quality is collected that fetches highest rates in the country. Exporters compete with each other to buy those leaves at the highest rate in the country, those who collect the leaves are extremely poor.
The story is not limited to Bolangir only. We find in newspapers reports about protesting tribals from many areas of the state that even after months payments to the KL pluckers are not made. KL pluckers mortgage their cards to the money lenders, who collect the money on behalf of the pluckers. Delay causes further losses of high rate of interest charged by the money lenders.
It is painful to note that the Kendu Leaves Coordination Committee chaired by Chief Secretary, finds it difficult to even increase a paisa or two per bundle of 20 Kendu leaves by stating that any increase in purchase price will make the KL business less lucrative. Even when the decisions are taken with great difficulty, it is publicized as if great favours done on KL pluckers. This exposes the mentality of the state who exploit tribals as a tool to earn Rs 500 crore but even a token increase in KL purchase prices, their eyebrows are raised. From the air conditioned comforts they expect tribals to defy scorching summer sun with mercury touching 48 degree to collect KL.
From the above facts, we can conclude that monopoly of the state, dictatorial attitude of the forest officials at the field level, inept police to crack on illegally operating money lenders and lack of accountability at all level by the concerned officials is the root cause of misery to the tribals. The very purpose to save the tribals from being exploited at the hands of private contractors for which the trade was nationalized stands defeated.
The present policy practiced from last 35 years has failed. When there is a need to completely change the policy, tribals are lured by playing cheap vote bank politics by promising to give them shoes / chappals for free. Nationalization of Kendu Leaves is a glaring example to demonstrate how blindly a failed policy can be pursued so long for political games and satisfying Biri industries. Where the tribals should go?
After a long struggle to get justice by the tribals and civil society organization, it took 60 years to the Indian parliament to admit the 'historic injustice' done to the Scheduled Tribes and forest dwellers to get rid of the corrupt forest and revenue department officials. "The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006" finally recognized their rights, but the rules were framed much later i.e. w.e.f. January 1. 2008. The delay in implementation of the act is largely due to the strong opposition by a certain group of people who desperately tried their best to see that the tribals are not given their rights.
Forest rights act besides recognizing ownership of occupied land in the forests and provides rightful access to collect 'minor forest produce', including Kendu leaves, Bamboo, Honey besides other minor forest produces. FRA provides unrestricted collection of minor forest produces by tribals and other forest dwelling communities. It also allows one time processing and sales to whomsoever they wish. However, in absence of clear rules, some confusion remains on how to transport the material from the forest to the customer's destination.
Forest officials and traders who exploit tribals are under fear to get out of business if the tribals use their rights. Few retired Forest Department officials of Odisha have filed a Public Interest Litigation before the Hon'ble High Court of Odisha demanding to stay the implementation of the act by labeling tribals as "Encroachers" and feared that they will destroy the remaining forests. On the contrary, in many areas tribals themselves have come forward to protect forests. The fact remains that without forests tribals can not survive and without tribals forests can not be safe.
As per a report, Odisha has lost more than 25% of its forest cover during the period 1972 to 1999, which is much before the Forest Rights Act has come in to force. This further exposes the hollow charges of the officials who have not only failed in their duties to protect the forests. Is it a secret that timber and forest mafias have eaten away most of the forests including the Simlipal reserve forest! The so called plantations done by the forest department has largely remained on paper only. Money is spent but trees are not seen in itself; complains of corruption in the department. Where has the money gone that has been spent in the name of plantations?
Government policies and institutions have failed to raise the economic condition of the tribals all these years. Panchayati Raj governance and Forest Rights Act are two legal provisions that empower tribals to shape their future and improve socio economic conditions. A beginning has been made but lot more needs to be done. There is an urgent need to spread awareness amongst tribals about their rights on forest produces including Kendu Leaves; Bamboo; Sal Seed and other forest produces so that they can demand justice and start using those rights for their speedy economic recovery.
Please send your comments and suggestions at janatavikasmanch@gmail.com. And, visit www.janatavikasmanch.blogspot.com for more information.
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