The Saptapadi (Seven Steps) For Tribal Empowerment in India

B.D.Sharma A.The Constitutional Frame The establishment of an egalitarian social order, free from allforms of discrimination whatsoever, is the cherished goalenshrined in the Constitution. Special care has been bestowed onthe disadvantaged sections of the society especially the simpletribal people to enable them to catch up with the rest as early aspossible. Accordingly, there is a comprehensive frame within theConstitution for the protection and advancement of the tribalpeople. 1 . The Scheduled Tribes: Article 342 authorises the President,after consultation with the Governor concerned, to specify, bypublic notification ‘the tribes or tribal communities or parts ofor groups within tribes or tribal communities with respect to anyState, which shall be deemed to be Scheduled Tribes in relation tothat State…’. This list of Scheduled Tribes (STs) can be amendedonly by Parliament through an enactment. 2. Scheduled Areas and Tribal Areas: Part X of the Constitutiondeals exclusively with the Scheduled Areas (SA) and Tribal Areas(TA). According to sub-clause (1) of Article 244, the provisionsof the Fifth Schedule (FS) shall apply to the administration andcontrol of the SAs and STs in any State other than the States ofAssam, Meghalaya, Tripura and Mizoram. Sub clause (2) envisagesapplication of the provisions of the Sixth Schedule (SS) to theadministration of the TAs in these States. (i) Declaration of Scheduled Areas and Tribal Areas: The Presidentcan declare an area to be a ‘Scheduled Area’ under Para 6 of FS.The original provision was that the President could reduce thisarea but not increase it. This provision was amended in 1976 toauthorise the President to increase the area of any SA inconsultation with Governor concerned. The areas specified inParagraph 21 of the SS are designated as ‘Tribal Areas’. TheParliament can amend this provision from time to time. ii) Administration of Scheduled Areas: The FS comprises‘Provisions as to the Administration and Control of ScheduledAreas and Scheduled Tribes.’ The scope of ‘administration’ iscomprehensive and inclusive covering all aspects of people’s lifeand all facets of ‘administration’, executive as well as

legislative, with the clear objective of ensuring ‘peace and goodgovernment’ in these areas. Paragraph 2 of FS makes executivepower of the State in respect of SA therein ‘subject to theprovisions of this (Fifth) Schedule.' Paragraph 3 extendsexecutive power of the Union ‘to the giving of directions to theState as to the administration of the said (Scheduled) area.’Moreover, Article 339 specifically envisages control of the Unionover the administration of SAs and the welfare of STs. Theexecutive power of the Union extends to ‘the giving of directionsto a State as to the drawing up and execution of schemes specifiedin the direction to be essential for the welfare of the ScheduledTribes in the State.’ Thus, in the scheme of sharing of executive power between the union and States, finalauthority on SAs vests with the union. The States are expected to manage their affairs inaccordance with the law subject to directions of the Union.

(ii) Administration of Tribal Areas: The AutonomousDistrict/Regional Councils are unique institutions of self-governance. They have legislative, executive and judicial powers as envisaged in theSixth Schedule.

3. Fundamental Right and Abrogation of Disabilities: A specialniche has been created for the tribal people in the frame of thefundamental rights in Part III itself. While the members of STsshare these rights equably with other people with a guarantee fornon-discrimination against them, specific provisions have beenmade under Articles 25 (Freedom of conscience etc.) and 29(Cultural and Educational rights). Moreover, special dispensationcan be made for STs as an exception to the general provisionsunder Articles 15 (Prohibition of discrimination etc.), 16(Equality of Opportunity etc.) and 19 (Protection of the right tomove freely and reside and settle anywhere). Article 40(Organisation of Village Panchayats) touches the most vital aspectof self-governance amongst the tribal people. Article 23(Prohibition of Trafficking in Human Beings and Forced Labour) hasspecial significance in many a tribal area where bonded labour invarious forms is rampant. 4. Law applicable to Scheduled Areas: Paragraph 5 of FS deals with‘Law applicable to Scheduled Areas’. Sub-paragraph (1) authorisesthe Governor to make ‘such exceptions and modifications’ in ‘anyparticular Act of Parliament or of the legislature of the state’in its application to ‘a Scheduled Area or any part thereof in theState’ as he may specify in the notification. This sub-paragraphbegins with the non-obstanate clause ‘Notwithstanding any thing inthis Constitution’. It ends with another significant clause, that

is, ‘any direction given under this sub-paragraph may be given soas to have retrospective effect.’ There is in no time limit. Thus,the entire legal frame of the ‘State’ is amenable to be suitablyadapted for the SAs, 'notwithstanding anything in the Constitution.' The FifthSchedule, therefore, has been rightly described as ‘aConstitution, within the Constitution.’ Sub Paragraphs (2) to (6) concern the framing of Regulations for'the peace and good government' in a SA. They envisage ‘inparticular, and without prejudice to the generality of theforegoing power, such regulations’ may be framed in respect of (a)transfer of land, (b) allotment of land and (c) money lending. Thescope of Regulations so framed for peace and good government isboundless. It cuts across the formal boundaries set out for theunion and the State under the Seventh Schedule. The Governor is the soleLegislature for the Scheduled Areas. However, consultation with the TribesAdvisory Council (TAC) before making a regulation and assent bythe President before a Regulation comes into effect are mandatory.Nevertheless, Parliament can invoke its legislative jurisdictionin respect of SA and STs as well, if necessary, under Entry 97 of‘List I-Union List’ namely, ‘any other matter not enumerated inList II or List III...’ Tribes Advisory Council: Para 4 of FS mandates that TribesAdvisory Council (TAC) shall be constituted in every State havingSAs. But President may direct a State having STs, but no SA, toconstitute a TAC. The Council comprises not more than 20 members,out of whom not less than two-third shall be tribal MLAs. It isthe duty of TAC to advise Governor on any issue concerning welfareand advancement of STs that may be referred by him. Lastly, consultationwith TAC is mandatory before framing a Regulation.5. Intention and Potential of the Fifth Schedule: The provisionsconcerning law- making for SAs are imbued with deep concern forthe smallest tribal community or group. The reason is that theymay be located at different stages in the wide spectrum of humanprogression with hunters and gatherers at the one end throughpastorals, shifting cultivators, early forms of agriculture,artisans on to modern vocations and persons caught in the whirl ofubiquitous industrial and other new activities. Accordingly,‘Particularisation, not generalization’, and ‘discretion, not rule by rote’ comprise themoving spirit of this frame. It is the law that must be adapted tothe specific situation of each group howsoever small andminuscule, rather than forcing the simple people to adapt to aframe that they do not know and are not in a position toappreciate. In particular, as observed by the Hon’ble Supreme

Court in Samatha Case, ‘ the purpose of the Fifth and Sixth Schedules to theConstitution is to prevent exploitation of truthful, inarticulate and innocent tribals and toempower them socially, educationally, economically and politically…The Constitutionintends that the land always should remain with the tribals…’ Thisposition is in consonance with the International Conventions (ILO107 and 169), which call on the governments to ‘respect thespecial importance for the cultural and spiritual values of thepeople’s concerned of their relationship with lands orterritories, or both as applicable, which they occupy or otherwiseuse, in particular the collective aspect of their relationship.’ 6. Self-Governance: The Directive Principle of State Policy inArticle 40 envisages organisation of ‘Village Penchants’ asvirtual ‘Village Republics’. The spirit of this vital provisionthat has eluded even in the 73 rd Amendment has been captured inthe Provisions of Panchayats (Extension to the Scheduled Areas)Act, 1996 (PESA). It brings the community at the village level inthe form of Gram Sabha to the center of governance. Itacknowledges its ‘competence’ to manage all its affairs inaccordance with its customs and tradition. PESA covers all aspectsof people’s life. In sum, before PESA the simple tribal was obliged under the lawto approach some authority or other out somewhere there in the unknown wide worldbeyond. After PESA, all roads lead to the familiar setting of open village assembly.

7. Financial Provisions for SAs and STs: The first proviso to ofArticle 275(1) envisages special dispensation for financingdevelopmental programmes for STs and for raising the level ofadministration in SAs as grants in aid to the States. Theseoutlays are a Charge on the Consolidated Fund of India.Accordingly, once the Government of India accepts a scheme asnecessary for tribal development, the above Constitutionalprovision is attracted. The financial sanction for such a schemeis automatic. The GoI, therefore, decided to keep the SAs outsidethe purview of the Finance Commission. The Constituent Assemblywas unanimous while making this provision that tribal affairsshould be accepted as a national concern, above any otherconsiderations including political interests. 8. Positive Discrimination : Articles 16(4) and 335 of theConstitution provide safeguards to ensure adequate representationof STs in services and posts. The scope of this provision alsoincludes public sector enterprises, nationalised banks, statutoryand autonomous bodies and institutions receiving grants-in-aidfrom government. 9. Reservations in Representative Bodies: Articles 330, 332 and334 envisage reservation in the seats in the House of the People

and Legislative Assemblies in States. This reservation was for tenyears. This time limit now stands at sixty years. Articles 243Dand 243T envisage reservation in the seats for STs in thePanchayats and Municipalities in proportion to their population.In the SAs, however, a special provision has been made about seatsin Panchayats ( Section 4(g) of PESA) that reservation for the STsshall not be less than 50%. Moreover, all seats of chairpersonsshall be reserved for them. But the provisions of Part IX Aconcerning Municipalities have not been extended to the SAs sofar. 10. Minister in charge of Tribal Welfare: Clause (1) of Article164 envisages that in the case of Chhattisgarh, Jharkhand, MadhyaPradesh and Orissa, the Cabinet shall have a Minister in charge ofTribal Welfare. 11. Mandatory Continuous Review and Periodic AssessmentA critical review of the tribal situation in the context of clearobjectives and specific responsibilities at various levels is apart of the Constitutional schema as in the following: (i) The Governor : Para 3 of the FS envisages that ‘the Governor of eachState having Scheduled Areas therein shall annually, or whenever so required by thePresident, make a report to the President regarding the administration of the ScheduledAreas in the State and the executive power of the Union shall extend to the giving ofdirections to the State as to the administration of the said areas.’ The term‘administration’ here has a comprehensive and inclusive frame witha clear focus on ‘peace and good government’. Thus, the UnionGovernment is mandated to review the state of administration in SAs on the basis ofGovernor’s Report submitted to the President, and take suitable action including giving ofdirections to the States.

(ii) The National Commission for Scheduled Tribes: The Commissionestablished under Article 338A is mandated, inter alia, ‘toinvestigate and monitor all matters relating to the safeguardsprovided for the Scheduled Tribes’ and ‘to present to thePresident, annually and at such other times as the Commission maydeem fit, reports on the working of those safeguards.’ TheGovernment is mandated to appraise the Parliament annually about the tribal situation asreflected in the Commission’s Report along with details of Action Taken.

(iii)The Scheduled Areas and Scheduled Tribes (SAST) Commission:As a final check on efficacy of all reviews, mandatory orotherwise, in the long run, Constitution mandates a high-levelreview and ‘report on the administration of the Scheduled Areasand the welfare of the Scheduled Tribes in the States’ by SASTCommission under Article 339(1). There is no fixed periodicity

except that the first review is mandated at the end of 10 years.The first SATA Commission was appointed in 1960 and the second after four decades in2002.

12. Conclusion: The Constitution has bestowed fullest care on the welfare andadvancement of the tribal communities with full sensitivity to theperceptions of the people themselves. Financial provisions thatmay be necessary for tribal affairs are guaranteed in full in thespirit of devotion to a national task above party lines. Theresponsibility for continuous review and occasional special checkis vested in high-level Constitutional authorities. The Union is vestedwith full authority to ensure that there is no deviation from the charted course and alsothat the progression is steady and in the right direction. Here is an ideal holistic ‘legal’frame that is unprecedented in terms of its vision, scope and deep concerns about ‘thechildren of nature’ perhaps in the entire world.

B.The Failure While the State has remained busy with the ritual of formal legalcompliance of Constitutional mandate, its performance in vitalmatters concerning protection and advancement of the tribal peoplein general has been rather poor. While a few educated have enteredthe modern sector of economy, the overall economic status has gonedown and in a large number of cases it has nose-dived. Thevirtually ‘unplanned’ development has resulted in huge influx,wanton destruction of natural resource, displacement,disorganization and destitution on a large scale in many areas.Land alienation has been rising with no limits. About 45% tribalsare landless. Even bare literacy rates are abysmally low.Malnutrition is rampant and hunger deaths are rising. The entiretribal belt is in a state of great turmoil. I. Vital Omissions 1. The Policy Vacuum: Panchasheel was the first informal policy frameabout tribal affairs after adoption of the Constitution. Thecentral thrust of this Nehruvian Vision was ‘to enable the tribalpeople to develop according to their own genius’. It underscoredquality of life, respect for tribe’s rights over land and forest,working through their own social and cultural institutions andavoiding over-administration. This policy was emulated, albeit as arare exception, in NEFA for some time. Otherwise, it remained apious wish and a source of quotable quotes. The result is that newchallenges faced by the tribal people ubiquitously in countless forms in their traditionalabodes remained largely unappreciated by political leaders, administrators, social workersand academicians in the midst of passionate unending debates about a non-existent

phantom, the museum piece theory.

2. Trivialisation of the Holistic Constitutional Frame : Thefailure on the tribal front has been largely administrative. Thefirst logical task was to provide flesh and blood to the skeletalsketch of the Constitutional schema. The relevant bare provisionsrequired supporting laws and procedures and effective institutionsat the Center and in the States dedicated to the Constitutionalobjective with commitment to work in unison. This task was noteven attempted. Therefore, all vital elements in theConstitutional mandate were left to be attended to by concernedauthorities and institutions as per their perceptions about avowedgoals and field situation. Moreover, the holistic frame oftraditional administration itself became dichotomous with theadvent of planning that resulted in fragmentation of tribalaffairs with no holding frame Since the premises of Constitutionalschema for SAs are at great variance with general premises of theSystem, even major policy decisions remain unattended in the midstof ambivalence amongst the functionaries as decades rolled by. Suchnon-action by itself tends to put a question mark on the policy decision itself, especially inthe context of fast turnover amongst administrators and other decision makers with noteven a semblance of policy of selection.The holistic exercises of TSP in early 1970s andPESA in mid-90s that aimed at meeting the impending crisis in SA, met the same fate aftera real good beginning. (Annexure 1:‘Unbroken History of Broken Promises’)3. Un-alluded Historical Injustice : There was a qualitativechange in the legal regime in the tribal areas in 1950. All lawsof the Center and concerned States got extended to these areas inroutine on the dot with the adoption of the Constitution. There isno place for community and its system of self-governance in thisframe. Thus, the tribal got stripped of the protective shield ofcommunity, the very essence of his ‘being’. He is obliged to facethe unknown world all alone. Moreover, all practices sanctified byhis hoary tradition, which comprise the core of tribal self-governance, have been transformed into acts of ‘violation of thelaw of the land’. All concerned, including Governor having fullpowers to adapt law, remained virtually unaware about this tragictransformation. It has resulted in ‘Criminalisation of Community’ and alsode jure ‘loss of community’s command over resources’ in the face of other legal claims.It has rendered tribal people resourceless, vulnerable andvirtually defenseless. The situation has been worseningincessantly.4. Trivialised Regulation Making Power: The Governor’s limitlessregulation- making power has been trivialised by limiting it toillustrations given in the FS, namely, land and money lending. No

one in the System cared to use it for undoing the historical injustice and create legal framein consonance with the traditional systems of communities concerned.

II. The Flawed First Steps 1. Scheduling of Tribes: There was reasonable groundwork forscheduling of communities under Article 342. Yet the exercise wasnot flawless. There were some cases of omission, prejudice, favouras also political intervention; the consequences are haunting manya people to this day. The worst cases relate to communities likeKol on the UP-MP border. They were classified as SCs ignoring thefacts that bulk of their brotheren on other side of the border hadST status and that this area was an ‘excluded area’ even duringBritish period. These communities have been scheduled recently buttheir area is still not scheduled. The wavering objectivity in inclusion as STs,even though rare, has led to massive cornering of benefits by comparatively advancedgroups and effectively blocking the way of the rest to move up. The politicization of theissue in the absence of statesmanlike stand is ominous.

2 Scheduling of Areas: The s cheduling of areas in 1950 was ratherperfunctory. To cap it all, the first SA and ST Commission in 1960came to the conclusion that ‘scheduling is not necessary’.Accordingly, the proposals submitted by various States, notablyKerala, were not considered. The damage sustained by the affected people hasbeen incommensurable.

3. Inapposite Rendezvous : Honouring the word is the kernel oftribal system governed by oral tradition. Scant regard byofficials and leaders for people’s perception about implicit‘assurance’ in a casual remark like ‘I will see’ and illusorypromises of ‘creating heaven on earth’ have eroded the credibilityof the System. The ordinary tribal, therefore, stands alienated from ‘Trustee State’and vested interests are ruling the roost in his name.

4 Development without Protection : As FS faded out unsung from thetribal agenda in 1960s, albeit leaving its lingering grin, tribaldevelopment became a mechanical exercise of allocation of funds.So far as the adverse impact of new activities especiallyindustrialization in SAs is concerned, it is presumed that ‘theconcerned State as Trustee of Tribal Communities’ will do theneedful. With the opening up of the area for harnessing thepotential of natural resources, the area has been flooded withmercenaries of all descriptions. The backlash of development hasbeen accentuating as the fear amongst adventurers of the unknownand unpredictable people of the wild is waning. The State miserablyfailed to appreciate its role as trustee and protector of tribal people in this unprecedentedcrisis, not to speak of rising to the occasion and honouring Constitutional mandate in its

true spirit. 5. Dysfunctional Tribal Sub Plans: The unrest in tribal areascontinued to grow unabated and reached a new peak in thelate1960s. The Union Government decided to realise the fullestpotential of the FS for meeting this challenge . A holistic tribalpolicy popularly known as TSP, therefore, was adopted in early1970s. The policy comprises ‘two coequal pillars’, viz, the FS and the TSP. Theidentification of left over tribal-majority areas not covered byFS was taken up in 1974. Some new areas were added to the SAsduring 1977-81. But the exercise was abandoned thereafter. Infact, two crucial elements of even the holistic TSP, namely, (i)elimination of exploitation and (ii) empowerment of the community,faded away from tribal agenda. It was so notwithstanding notablebeginning and striking success under TSP in many a vital issueincluding excise policy, bonded labour, liquidation of debts,ownership over minor forest produce and restoration of triballands. Even the ‘big bang’ exercises of preparation of TSP andIntegrated Tribal Development Projects ( ITDP) got routinised andwent into oblivion. What has remained of that grand TSP strategy is the coveted quantification of financialoutlays in the State Plans and scramble for special central assistance with little concerneven about their final use. The story of severe backlash of ‘development without protection’repeated itself with full vengeance after a brief interlude of great expectations of theholistic phase.(Annexure II: Tribal Sub-Plan Strategy)

6. The Threatened Tribal Groups : The threatened tribes comprisingsmaller pre-agricultural groups with stable or decliningpopulation were designated in the TSP frame as ‘Primitive TribalGroups’ (PTGs). They were kept outside its general TSP exercisewith full financial support by GOI for preparation and executionof special projects. The exercises that followed tended to be mechanical . Evenespecially vulnerable groups within the larger communities havenot been identified. The programme has virtually remained a ‘non-starter’notwithstanding clamour for inclusion of new groups and passionate debates oninapposite nomenclature, liberal outlays and large expenditure . In many cases theybecame dysfunctional because of liberal grants.  III. Administrative Lapses1. Illusive Single Line Administration: The waning personal touchwith formalistion and fragmentation of administration resulted inbewilderment of the tribal people rendering them extremelyvulnerable. A simple, inclusive, responsive and effectiveadministrative structure under ‘single line of command’, with

focus on quality of personnel, discipline and accountability hadbeen accepted in principle from the very beginning as basic forimplementation of the Constitutional schema. Yet AP is the onlyState that has given a reasonable form to this ideal, albeit, withubiquitous interludes of ‘wax and wane’. A serious attempt wasalso made under TSP in some States in the form of a unifiedcommand under ITDPs . The proposition of ‘single line’, however, has got virtuallydropped from the tribal affairs agenda with serious consequences.

2. Lapsed Agenda of Raising the Level of Administration : TheConstitutional Schema for raising the level of administration ofSAs has remained unused. The Seventh Finance Commissions inresponse to the submission by the MHA about the state ofadministration in the SAs as a part of TSP exercise agreed to givead hoc assistance for the same. The Eighth Commission also followedsuit. The Ninth Finance Commission, however, did not continue the practice for want offormal presentations by the concerned States. A system of regular review of administrationin terms of First Proviso to Article 275(1) of the Constitution as a concurrent exercise ofannual plans has not been pursed.

3. Fractured Self-Governance: PESA engendered great fervor andhigh expectations throughout the tribal territory. But nothingchanged on the ground. The ritual of GSs has degenerated intocommand performance under duress including fabrication anddestruction of documents in land acquisition cases. Evenguidelines, in keeping with the spirit of PESA, have not beenissued now for more than a decade. The concerned ministries arestill debating whether PESA is a part of the Constitution. If thisdebate becomes public, it may prove to be the last straw on thecredibility of and faith in the System. The governance in theurban enclaves of SAs is without any authority of law, becausePart IXA has not been extended to the SAs till date. Here is an anti-climax. The loss of faith after the great PESA fervor was largely responsiblefor rapid spread of extremist activity in Jharkhand and Chhattisgarh.

4. Unattended Ambivalence in the Era of Liberalisation : There istotal confusion in SAs after liberalisation with regard tounregulated market and money power and the role of trustee Stateas defender of STs. The ambivalent ‘protector-predator’administration is pitched against the people in promotingindustries, acquiring land and managing natural resources underincongruous laws in open violation of the Constitution especiallyPESA. The issues about command over resources have not been reasonably settled evenafter the SC verdict in Samatha case. It is adding to the confusion, creating strife amongstvarious interest groups and accentuating inherent confrontation in SAs.

IV Governance without Focus 1. Perfunctory and Irregular Governor’s Reports : There is noappreciation that the Governor’s annual Report to the President(Para 3 of FS) holds the key to the quality of administration inSA Accordingly these Reports have largely remained insipidnarration of departmental activities with no concern for theirregularity. There is not a single case where the Union may have deemed it necessaryto issue a direction on any crucial point raised in a Governor’s Report for more than half acentury.

2. The Powerless Politicised Commissions : The National Commissionfor Scheduled Tribes has singularly failed in critically reviewingthe functioning of Constitutional safeguards of STs. There arehardly any in-depth studies about the emerging tribal situation.The Commission is overburdened with complaints about servicematters. Its Reports, with some honourable exceptions, are routinecompilation of data. They are handled in routine. They may beplaced before the Parliament in bunches that evokes no seriousdiscussion. The SA and ST Commission appointed under Article 339 met the samefate. Thus, the Constitutional mandate about continuous vigil has become ‘a longdrawn exercise in utter futility’. The practice of appointment of active politicians asmembers of the Commission has compromised its role as a Constitutional watchdog.

3. Systemic Incapacity to Learn from Experience: The softest spotin the Constitutional schema is its systemic incapacity to learnfrom experience and action in unison amongst all partners intribal affairs within the frame of a common vision. (Annexure 2: TribalSub-Plan Strategy: L 2 The Systemic Failure)

4. Missing Focus, Direction and Authority in Government : TheUnion Government has not even attempted to create a nodal point atthe Center and in the States for guiding tribal affairs in keepingwith the spirit of Constitutional schema. The strongest pillar ofpeace and good government, the Fifth Schedule, was declareddispensable in 1960 with no questions asked. It was againforgotten half way through after the phenomenal come back with TSPstrategy under the legendry leadership of Indira Gandhi in 1970s.Its resurrection from the ashes as PESA in 1996 in the wake of thehistoric decision in 1988, under the sensitive leadership of RajivGandhi, not to extend general Panchayati Raj in SAs, has beenjinxed. In the face of divided responsibility in the UnionGovernment, PESA has been a peripheral item for its fosterMinistries, Rural Development in the beginning and now PanchayatiRaj. They have no realization about its ‘First Pillar’ role in

tribal affairs. The supposedly nodal Ministry of Tribal Affairshas remained engrossed in managing huge financial outlays andother routine matters oblivious about the state of its foundation.The ubiquitous effective measures in tribal affairs so far have remained chance eventsdepending on intervention of a powerful personality, emergence of crisis situation andpotential for political gains. Accordingly tribal affairs have failed to emerge as a nationaltask cutting across party lines. The running down of the System is inevitable.

V The Deepening Crisis Inadequate Response to the Deepening Crisis: The entire tribaltract in the country is facing an unprecedented challenge in theform of Capitalist onslaught and people’s reaction supported byMaoists. It is portrayed as a socio-economic phenomenon, yet isbeing handled as a purely law and order problem. The State has noteven cared to assess the extremely sensitive social situation ofthe Muria-Maria belt in South Bastar with infamous record of ‘suicideas escape from rigours of the rule of law’. The Union is seen at best asbehaving like an unconcerned bystander. This approach has led tocivil war like regime under the banner of Salva Judum. In this situation,even the lingering faith in the System and waning credibility of the State are at stake withdisastrous consequences for the tribal people irrespective of the tally of ‘heads and tails’on either side in the end. (Annexure 4 : Of Crisis in the Central Indian tribal Belt &Annexure 5 ‘Of Crisis in Bastar’ )

C.The Urgent Tasks I Regaining the Confidence The first task in the tribal areas is to regain the confidence ofthe people. Mere words will not do. A simple policy frame, whichthe people can understand and assimilate, say, Panchasheel Revisited,should be prepared beginning with a dialogue at the grass roots inrespective Gram Sabhas. It should be presented to the people as a‘People’s Vision’. This exercise must not be allowed to become analibi for non-action. An emergency action plan comprising those elements thattouch every tribal and are visible like Indiraji’s ‘bees sootri’ should be launched forthwith. Itshould be accompanied with a clear message to one and all that any violation thereof ordenigration of its spirit shall not be tolerated.

1. Deeds with a Vision (i) Self-Governance : The most sensitive aspect of tribal life isself-governance. The promise of real self-governance in PESAtickled the feelings of one and all with the image of ‘MY VILLAGE,MY RULE’. It has been badly mauled by the anti-climax of non-action and even perverse action. Amends should be made to containthat damage and recreate earlier milieu. The Gram Sabha (GS) should

become fully functional in the image of Village-Republic within this year with apology fordelay by the State.

The States concerned should immediately take the following steps in this regard:

(a) Prepare Guidelines in the form of a Regulation for the functioning of the Gram Sabhawith the comprehensive frame as envisaged in PESA so as to enable the people to deal withthe System with confidence and authority; and

(b) Frame a Regulation to the effect that ‘notwithstanding anything in any law for the timebeing in force, all formal or informal transaction of any description whatsoever between atribal and any other person, including a juridical entity shall be in the open assembly ofthe Gram Sabha and shall have no effect unless the GS authenticates the same.

(ii) Stop Commercial Vending of Intoxicants: The nefariouscommercial vending of intoxicants introduced by the British in thetribal areas was stopped in 1975 as a part of TSP strategy. Thepractice has resurrected in blind pursuit of excise-revenue by theStates in blatant violation of the 1974 excise policy. It shouldbe stopped with effect from April 1, 2008. All State excise laws,including prohibition laws, should be suitably amended throughGovernor’s Notification/Regulation or by State Law to harmonisethem with the spirit of PESA. (See Annexure 3 / G 1 (1) Excise Policy)

(iii) Make Ownership on Minor Forest Produce Effective beginning with 1.1.2008: Theminor forest produce in most of the tribal areas comprise a majorsource of livelihood for the tribal people. Nevertheless itscollection has been deemed to be a concession. This anomaly wasformally removed in the policy resolution in State MinistersConference in 1976 conceding community ownership. A mandatoryprovision been made in this regard in PESA in 1996. These measureshave made no difference in the ground situation except in MP andChhattisgarh. The principle has been reiterated now in the ForestRights Act. It must be ensured that story does not repeat andcommunity rights become a reality beginning with the next seasonand the primary collector is assured of full value of hiscollection without any levy of any description whatsoever. (SeeAnnexure 3 / G 1 (2) MFP)

(iv) Resource Base for All: A resourceless tribal has no identity; apeople without ‘des’ or command over their habitat comprise arootless crowd. The life of a wage-labour is mortifying ignominyfor a tribal. The lost honour of countless tribals should beredeemed by taking full advantage of favourable population-resource matrix, communitarian values, dignity of labour and thewide spectrum of their economy. Every tribal in the SAs should be enabled tocreate a reasonable resource base for his living, severally or collectively, in full

employment village economy within 5 years.

(iii)Bridging the Great Divide: The yawning gap between the SAs and the restshould be filled within ten years in terms of the provisions in the First Proviso to Art 275(1).

2. Amends for Lapses with Apology (i) Apology for Historical Injustice: The historical injusticemeted out to the tribal people needs to be redeemed in the broadcontext of ‘criminalisation of the community’ on account of the acts ofomission and commission of the State itself. The followingmeasures should be taken immediately as a part of ‘Regaining theConfidence’ resolve of the State: (a) All those cases pending in the courts or under investigation, which (i) involve technicalviolation of the laws concerning forest, fishing, wild life and excise, and (ii) come within theambit of ‘dispute resolution’ of GS under PESA, should be withdrawn or sent to theconcerned GS for disposal.

(b) All those cases where a party is alleged to have proceeded with the establishment ofany project in the SA on the basis of contrived consent of GS should be referred to theDistrict Tribunal for review.   (ii) Redeeming Promises concerning Projects: The promises that maybe made while starting a project but not kept, go into ‘folkmemory’ of concerned people. These broken promises may findexpression in numerous forms. All such promises made after independencethrough out the tribal area, but not kept, should be collected, collated and redeemed asfar as possible within a year.   (iii) Healing Touch for Victims of Development: The fact that thegovernment does not have figures even about the formally displacednot to speak of actually displaced persons in tribal areas isindefensible. It is gross violation of the spirit of FS. Acompressive survey of displaced persons in the SAs should be takenup under the guidance of Registrar General of India to becompleted within a year. Restoration of dignity to all people already displaced byproviding them an alternative base for their livelihood, but not as a casual wage earner, interms of the provisions of Rehabilitation Policy of the concerned State or the Union, as thecase may be, should be taken up in a campaign mould to be completed within 5 years.       3. Liquidation of Liabilities Another essential and also crucialstep for ‘Regaining the Confidence’ will be to liquidate alldoubtful and iniquitous liabilities that tribal people may havebeen saddled with because of their ignorance, unless theauthenticity of the claim is ratified by concerned GS. Withoutprejudice to generality of above formulation, it will speciallyinclude the following:   (i)Liquidation of debt liabilities: Allexiting debt liabilities of all descriptions should stand

liquidated by law on an appointed day. The terms of credit in allfuture transactions should be the same as in vogue under taccavirules in 1947.   (ii)Annulment of doubtful liabilities: Allliabilities relating to any programme in which the beneficiary didnot receive the intended benefit should be liquidated unless malafide is established against him in the Gram Sabha.   (iii)Eradication of Bondage: The crucial task of striking at thehorrendous relationship between master and worker under the BondedLabour Act in 1976 had a serious set back in 1980s when focusshifted from eradication to rehabilitation. Moreover, the widecanvass of that Act, which covers many items including advancepurchase agreements of sale even before the crop is sown and thestanding crops, depressed wages, etc., has been forgotten. A bondageeradication campaign with the broad frame as envisaged in the Act should be launched inSAs to be completed within 2 years.   II Effective Protection Protective measures must precededevelopmental programmes with suitable amends in the TSP frame toensure that the story of their earlier neglect is not repeated.The following are some of the urgent issues for time bound action.1. Regulation of Markets and Marketing: The markets in tribalareas are hubs of economic expropriation. They exercise virtualstrangle hold on tribal economy. Yet markets in SAs have remainedbeyond the reach of any regulation. The mafia is in exclusivecommand. All markets should be suitably regulated under the aegis of ParaganaParishad within a year. The entire tribal produce should be brought under support pricesystem with in 2 years.   2. Forest Rights : All claims of the occupants over forestlandunder the Forest Rights Act, 2005 should be settled within 2years. Regulations should also be made so that the GSs can protectforest in their traditional habitats.   3. Land Alienation and its Restoration: All State laws about landalienation should be reviewed and suitably amended to enable GS totake effective action for protecting tribal land and restorationof illegally alienated lands in keeping with the spirit of PESA ashas been done in MP. The task should be taken up as a campaign and completedwithin 2 years.   4. No Displacement : The very concept of displacement violates thespirit of Constitutional schema. The transition, which tribalpeople have to negotiate in the process of development includinguse of natural resources for a variety of developmental projects,should be meticulously planned with prior informed consent oflikely affected people. The plan, with statutory backing, must ensure a place of

honour on terms of equality in the new economy of the area for all as recommended byBhuria Committee.   6. Special Missions for Vulnerable Groups:  

(i) Mission Navajeevan (PTGs): The situation of the especiallyvulnerable groups is much too complex and delicate to be handledby routine administration. Even special Projects with built-inflexibility did not click because of routine handling. As the issuehere is of survival, a dedicated small team, including a doctor and a social scientist,committed to the cause and prepared to work in mission mould, should be constituted foreach group or part thereof under an umbrella organisation, Navajeevan Mission.   (ii) Mission Abhayadan for Vulnerable Girls: The implications ofweakening community with a comparatively weak family in tribalarea have been overlooked. The young girls are the worst victims.They are enticed, deceived and even captured from open markets bygangs for domestic service and flesh trade in an unknown worldwith no one to defend. The situation is serious in Jharkhand andOrissa. The issue should be flagged for urgent administrative action under a regulationfor immediate relief. A long-term plan should also be prepared, on the basis of a timebound systematic study of 2 years or so.   (iii) Mission Dignity for Migrant Labour: There is a large exodusfrom SAs in search of work at bare subsistence or even sub-subsistence wage level. There are gruesome stories of theirexploitation, especially of women and girls. As the saying goes intribal pockets in Wynad, Kerala, ‘The girl goes for filling her belly; she returnswith a ‘filled’ belly’. Effective legal and institutional protection shouldbe provided for migrant labour from SAs.   III Social Services   1. Health Services : The unacknowledged health crisis in tribalareas (Annexure 2 J 3 Health) should be handled in a Mission mould in aholistic frame. It should cover all aspects of people's healthfrom pauper like diet status at one end and invasion of newdiseases at the other. The traditional healers and daies should beintegral part of this Mission. Comprehensive health coverageshould begin with establishment of a fully equipped health centerfor each Paragana Parishad, or group of villages, and accomplishedwithin 3 years.   2. Education   After early enthusiasm when people contributed inkind to engage teachers, their reluctance to send children toschool for fear of becoming ‘useless and misfit’ is a long storyof casual handling of this vital element of tribal development. Amajor special thrust is necessary to ensure that (i) education isfor life for the young, (ii) special handicaps are overcome andthe great cultural heritage is used as the foundation of real

education and (iii) education overflows the boundary walls of theschool and involves meaningfully every Citizen. A time boundprogramme should be taken up comprising inter alia (i) Universalenrolment in elementary stage as a campaign within 2 years;(ii) Asystem of ‘academic linkage and guidance’ should be establishedright from the nursery to the University (from ‘n to u’) with in 2years so as to make the entire educational system vibrant andcapable of moving in unison with a purpose; and (iii) The schoolin the village should become the hub of citizen education,equipped with a good library. (Annexure 2; J 2 Education) IVSustainable Development with Equity With effective protectiveshield in position as envisaged in FS and resurgent spirit ofself-governance, the community will be ready to move forward withconfidence. It would make good the loss sustained so far and takeadvantage of the buoyancy engendered by the new economic thrust.The potential of community spirit, the greatest treasure of tribalpeople, should be so harnessed that it reinforces thecommunitarian frame and promotes equitable sharing of alldividends. (For details See Annexure 5: Sustainable Development with Equity)

1 Rejuvenation of the Traditional Economy: The first truth of thetribal economy is that it has been badly mauled through incessantexpropriation in countless forms and weakening communitariantraditions. A comprehensive ‘ Operation Rejuvenation’ (OR) shouldbe taken up forth with in every village in the SA. While OperationRejuvenation is on, steps should be taken for laying thefoundation for sustainable development by delineation of microagro-climatic zones that would provide the frame for long-termsustainable development. The inclusive frame of the tribal economyfor optimizing the use of unique resource endowment of the localarea should be harnessed. A Center for Sustainable Development(CSD) shall be established forth with in each ITDP. Preparingyoung leaders for change should be given the highest priority.Diversification should begin with obligatory first processing oflocal produce within each micro zone. An Udyami Sahyog Sansthanshould be established in each ITDP with the comprehensive agendaof continuous assessment of the local situation, advisingconcerned groups in crisis, providing direct assistance, preparingmicro turn key projects and helping entrepreneurs in dealing withthe unknown new economy. About 15% of the tribal people, locatedlargely in the North-East and parts of Orissa and AP, stillsubsist on shifting cultivation. A ten-year Project Transformationshould be launched under the overall guidance of a National Centerfor Shifting Cultivation with a strong functional Unit in every

concerned State. 2 Taming the Modern Sector   The most serious challenge in tribalareas is relatable to the rudderless development in the situationof ‘rich resources and simple folks’ in a frame which ignores the tribe’sassociation with its habitat and their traditional commandthereon. An unequivocal national resolve to pursue the path of‘Development with Equity with Tribal People at the Center of the Stage’ alone canmeasure up to the great crisis in the tribal areas. The veryconcept of ‘displacement’ and ‘rehabilitation’ as two distinctentities is incongruous in the tribal context. The structuraltransformation informs an entire tract, the zone of influence ofthe new venture that has to be tamed and attended to. Theconfidence of the people in the System that has been badlyshattered must be regained with a clear resolve that no scheme ofany description shall be taken up without prior informedconsultation with the community that should virtually mean theirconsent. Any violation of this spirit by any one regardless of his position in life shall betreated as a heinous offence against the community. The historical injusticeimplicit in the current paradigm of development must be attendedto as recommended by Bhuria Committee in 1995. According to thisCommittee a provision should be made for share in the equity forthe community, affected farmers and also the workers. This formalstructure can be termed as Community Sector. The National AdvisoryCouncil has endorsed this formulation for adoption. The urbancenters of expropriation should be transformed into pulsatingcenters of holistic development. Any entrepreneur starting a venture in a SAon tribal land should be legally bound to induct the owner of land as an equal partner.The Provisions of Municipalities in Part IXA should be extended to the Scheduled Areas withexceptions and modifications as recommended by Bhuria Committee.

3. Concurrent Study and Research: The need of independent,systematic and regular appraisal of the complex tribal situationis self-evident. The Tribal Research Institutes started with somereal good work but gradually became mere decorative pieces. A newchapter of concurrent and collaborative study and research should begin with thecollation of whatsoever is available and defining the future tasks in terms of the pastexperiences and future vision. V Negotiating the Crisis especially inBastar It is generally admitted that basic issues in the disturbedareas are socio-economic. They must not be handled as a law andorder problem. (Annexures 4 & 5: Of Crisis in the Central Indian tribal Belt & Of Crisisin Bastar) But the crisis is a reality that is pushing allsocioeconomic measures in the background and keeping law and orderin the forefront. There are two facets of dealing with the crisis,for example, in its epicenter in Bastar. Bastar comprises a large

geographical area with a strong functioning traditional socio-religious network. If the package of protective and developmentalmeasures discussed above is vigorously implemented in the entireBastar, the message of New Deal will percolate to the disturbedarea there in from all sides and engulf the same. The wave of newhope that will be engendered in the process, if properlyharnessed, can become instrumental in checking expansion of crisisarea; nay, it may even engender a process of ‘retreat’. But thisprocess by itself may not be strong enough for the finalresolution of crisis. It is possible that ‘crisis’ areas may notwelcome the message of some and even all the measures. In thatsituation a different strategy will have to be adopted. The focusin that case will have to be on ending of confrontation betweenthe people and the State. A new administrative culture must beengendered that guarantees natural justice to the people inaccordance with their customs and tradition. The State in thissituation should assume the role of a ‘stand by’ force ready toprotect the people in all eventualities. A team of sensitive handpicked officers especially empowered should be inducted in thecrisis area with a clear mandate to create conditions forreestablishment of the system of self-governance as envisagedunder PESA. The community must feel reassured that the State shallstand by it in all eventualities and will no seek alibi for non-action under some pretext or the other. D.The Administration ‘ Where there is will there is a way’, holds the key to success insimple socio-economic situations especially in the tribal areaswhere the people are pitched against not only the adverse forcesbut also even the ‘Trustee State’ itself. Its legal frame does notrecognise even the very existence of the tribal’s functioningsystem of self-governance. Accordingly, discretion is thefoundation of the special provisions for administration of the SAsunder the FS and other special Constitutional provisions. Theubiquitous spells of intense activity in tribal affairs are inresponse to some challenging situations and/or under committedleadership at the local, regional or national level. These spellsget subsumed in the inert expanse of the routine that follows asthe situation ‘normalises’ and/or the motive force of individualinitiative disappears or wanes. The tribal situation has beenincessantly running down, perhaps irretrievably, in the shadow ofillusion of earlier achievements that tends to persist for sometime. The biggest failure of the System has been in the arena of (i)

appreciation of internal signals about the crisis situations inthe extensive tribal territories outside the common reach and (ii)aiding internal processes for identification, nurture andpromotion of committed leadership at various levels in theestablishment, including political. I Single line Administration1. Scheduling of Left-over Areas (a) All areas already identified as tribal majority areas shouldbe brought under the FS within a period of one year in pursuanceof the commitment made in 1976. (b) All tribal majority areas that have been left out for anyreason whatsoever or that may have newly qualified by virtue ofnew communities being classified as STs as in UP should beidentified within a year and brought under the FS within twoyears. 2 Administrative Reorganisation: The tribal areas are generallylocated on the borders of administrative units, be it,block/taluk, district or state. The compact tribal areas thusstand vivisected claiming little attention of concernedauthorities. Administrative reorganisation of these areas withinconcerned States should be taken up and completed within 2 yearsso that compact tribal areas are brought under same administrativeunits at an appropriate level. 3. Single line Administration: The simple tribal is bewildered inthe face of numerous departments/institutions dealing with minutespecialties. Moreover, no one is responsible for ensuring that theadministration and all its constituents behave and any elementthere of does not become dysfunctional. A single lineadministration should be established at the level of ITDP with aclear chain of command and specific wide-band functional domain.While Panchayat Raj institutions at the District/intermediatelevel should have decision-making powers in relevant areas,implementation should be the exclusive domain of administration.On the other hand, the domain of Gram Sabha should remain non-violable with administration playing a supportive role. (SeeChapter 3 Urgent Tasks Deeds with Vison) II Holistic Frame1 Recreating Holistic TSP Frame: With a set of urgent tasks andneed for effective implementation, the holistic frame of TSPshould be put in place immediately. The Central Ministries/ StateDepartments must assume their responsibilities. They should assess

the lost ground and make good omissions in the Eleventh Plan. 2 Defining Nodal Role: The Ministry/ Department in charge oftribal affairs at the Center and in the State should be devotedexclusively to the nodal role. This should, inter alia, includecoordination in preparation of sectoral plans and giving them aholistic frame. It should provide, if necessary, supplementalinputs of any description as may be demanded by the situation. Itshould monitor and oversee implementation and act as a trouble-shooter. 3 No Line Functions for the Nodal Ministry/Department: The nodalagencies at national, state or project level should have no linefunctions whatsoever. Their representatives should be constantlyon the move in the field amongst the people to have a realisticidea from the people’s end about the quality of administration,shortfalls of the System, nature of problems that remainunattended and improvise remedial measures followed by systemicamends. 4. Tribal Affairs Units in Ministries/Departments: AllMinistries/Departments, except those especially exempted, shouldimmediately setup a strong Tribal Affairs Unit (TAU). This Unitshould go ahead to identify its role and responsibility, inconsultation with the nodal Ministry/Department of tribal affairsin terms of the immediate and long-term tasks taking intoconsideration, inter alia, the issues identified here. 5. Planning from Below: The process of planning from below shouldbegin with ITDP from the very beginning in the eleventh Plan. Itshould move on to block unit in the form of a broad perspectivealong with annual plan exercises in not more than three years.This preliminary exercise should pave the way for a real processof planning from below for SAs in twelfth Plan. Competent microplanning units should be established at State and also ITDP level.6. Single Window Organisation for Credit Marketing and Supply: Asingle window system for credit, marketing and supply under thesystem of Large Sized Multipurpose Societies (LAMPS) shouldestablished, or revamped where already established, with competentand reliable personnel under the unified control of the ITDP. 7. Personnel- Quality and Discipline: Selected personnel withempathy for the tribal people should be posted in tribal areaswith an extendable tenure of not less than five years andprovision for in situ promotion. In larger States sub-cadres maybe established with a provision for choice to join the main streamafter ten years service. The entire personnel should be brought

under a special disciplinary regime keeping in view the fact thatcleaver outsiders familiar with the system wield exceptionalinfluence by virtue of that fact and misuse the same. An annualreview of personnel with a stringent provision for weeding out theundesirable elements should be made obligatory and any default inthis a serious dereliction of duty. 8 Postings, Rewards and Punishments: An effective system ofpostings, rewards and punishment should be worked out for the SAs.In particular, all positions in the Ministries/Departments dealingwith tribal affairs must be held by offices who may have worked ina tribal area for not less than two years. 9. Devolution of Powers: Devolution of powers to the nearest levelin the field should be the rule. Instances of misuse should be metwith stringent action against the culprits and institutionalizingeffective correctives. It should not be allowed to be used as aploy for its reversal. Devolution of powers to the GS under PESAshould be treated as sacrosanct. Any attempt to mislead orinfluence the GS and misuse the aura of authority of anydescription, administrative, institutional or political should betreated as a crime against democracy. 10 Annual Review: The quality of administration is the firmfoundation of planned economic development. This aspect has beenbadly neglected notwithstanding the provisions in Article 275(1).The Government of India should institutionalize annual review ofadministration in the SAs. The first review under thisConstitutional mandate should be done within the current yearitself in terms of a clear frame that may be prescribed. 11. Review by the Finance Commission: The GoI should speciallyrevise the Terms of Reference of Finance Commission so that (i)the state of administration in the SAs is especially assessed and(ii) specific provisions are made for its improvement in itsReports . III Peace and Good Government

Administration essentially comprises the interface of theState with the people in various facets of their life inaccordance with the spirit of the Constitution, provisions ofrelevant laws, rules, formal executive decisions,discretionary powers, if any, and the perspective of officialsat the cutting edge. Dissonance between perspectives of thepeople and the State about this interface results in discordand unrest. Para 5 of FS aims at erasing the possibility ofsuch dissonance. Immediate action should be taken to erase

this dissonance in keeping with the spirit of the Constitutionespecially PESA read with the Fifth Schedule through (a)adaptation of laws through Governor’s Notifications coveringsall items of PESA, (b) framing of model regulations inrelation to all facets of administration not covered by (a)above and (c) issue of ‘Guidelines’ about the role,responsibilities and functioning of GS honouring its‘competence’. This task should be completed within the currentyear. ( For details see Annexure 3: Of PESA and After)

District Tribunals: The effectiveness of GS as the institutionof self-governance as envisaged in PESA holds the key to peaceand good government in SA. The GS, therefore, must be givenhighest regard by all concerned irrespective of the positionthey may hold in the System. Any act that may amount todenigration of GS should be deemed to be an offence againstdemocracy. A District Tribunal with District Judge as theChairman should be constituted that should, inter alia, havejurisdiction to entertain complaints about alleged offencesagainst democracy.

IV Continuous Vigil 1. Administrative Reports: A continuous flow of information aboutthe ground situation in terms of various indicators and itscritical appreciation at various levels up to the top, taking fulladvantage of advances in information technology, alone can be thefoundation of an effective administrative system. Sensitive andsimple indicators spanning the entire gamut of administrationshould be worked out for monthly, quarterly and annual reportswith the ITDP, State Department and the Union Ministry as thenodal points for qualitative assessment, review, identifying weakpoints and action thereon. 2. Governor’s Report: The Governor’s Report should present anoverall assessment of the tribal situation in the State withspecial reference to weak spots and corrective action. ThePresident may prescribe a clear time schedule from its submission,through consideration to Presidential directions thereon, if any,so as to ensure that all action points are suitably accommodatedin the annual administration/developmental plans and also in thebudgets. 3. Report of the National Commission for Scheduled Tribes: TheCommission’s Report may concentrate on the working ofConstitutional safeguards and present the situation from thepeople’s perspective based on its own investigations, complaints

received and the findings of researches by other institutions. ThePresident may prescribe a strict time schedule for thepresentation of Commission’s Report to the President and itsconsideration by the Parliament. The Commission should bedepoliticised. The appointment of the Chairman and members of theCommission should be entrusted to a committee comprising the PM,the Leader of the Opposition and the Minister in charge TribalAffairs.4. The National Development Council: A Committee on Administrationof Scheduled Areas may be constituted in the National DevelopmentCouncil, which may regularly place before the Council itsassessment of the tribal situation. 5. Vigil at the Top: While the Ministry of Tribal Affairs will actas the nodal authority for tribal affairs, action in unison in abroader frame on a continuing basis will be necessary especiallyin view the valuable time lost in many a crucial tasks and theimpending crisis in many a tribal area. A Standing Committee ofthe Cabinet with the Prime Minister in Chair should be constitutedfor regular review of the tribal situation in the country andmeasures taken by concerned authorities on vital issues emergingfrom the proposed reporting system. 6. A National Task: The ‘natural’ state of the tribal people isbeing taken advantage of various interest groups, includingpolitical parties, in a variety of ways. (Annexure 3) There isutter confusion with serious implications especially with theweakening of the traditional system. It is high time that thebasic premise of ‘Tribal Affairs -- a National Task’ as envisagedby the founding fathers is reiterated and conditions are createdto enable tribal people to guide structural transformation interms of their perception. Accordingly a ‘People’s Vision’ andNational Policy based on that Vision should be prepared as earlyas early as possible which can serve as a guide for furtherstudies, deliberations and action programmes. 7. National Council for Scheduled Areas: The situation in thetribal areas is so complex, the vested interests of alldescriptions are so entrenched and the crisis is so deep-rootedand multidimensional-social, economic, administrative andpolitical that the various measures discussed above may stillleave some crucial aspects uncovered inspite of the best effortsof all the partners. Therefore there is urgent need forestablishing a body that (i) is free from routine and (ii) hasaccess to all relevant authorities/institutions within the Systemand outside, that can have a realistic perception of the total

situation on a continuing basis. It should be able to identifyomissions and opine on the efficacy of various measures inachieving the national task. National Council for Scheduled Areasshould be established for this crucial task comprising personswith different backgrounds with deep understanding of the tribalsituation. V Crisis Resolution as Trustee Caretaker  An important precondition for the measures outlined above is thatthe message of the New Deal should reach the people and they maybe in a position to respond. The State so far has singularlyfailed in having a meaningful dialogue with the people. Even thegreat opportunity after the enactment of PESA has been missed. Onthe contrary the misdemeanor of the State had an adverse effect.The crisis has deepened in many areas. The situation will worsenif the State proceeds in a routine style as hitherto before.(Annexure 2 ‘The Failure’) Therefore, the crucial issue is ameaningful dialogue with the people. The simple message of effective and visible action under of ‘beessootri of Gram Swaraj’ ( Annexure 3: The Urgent Tasks: Deeds witha Vision & Amends for Lapses with Apology) alone can create atthis stage the fervour amongst the tribal people, exhilarated bythe realisation of being ‘masters of their destiny’ and“inheritors of ‘des’ to which they belong”. This image alone canengender the confidence to face challenge of any descriptionbehooving the tradition of their valiant ancestors. Their ‘livingimages’ in the folklore continue to inspire the old and the youngalike in their struggles against injustice perpetrated in variousforms including the ‘historical injustice’ of the State. As theunwholesome image of State becomes brighter with the spread of newmessage in the new frame and its role as a ‘friend in deed’ isinternalised by the tribal people, they will refuse to tolerateeven an allusion to compulsion and coercion in any form and alsoto any thing that is alien to their customs and tradition unlessvoluntarily imbibed. All sorts of involuntary impositions arebound to wane and finally disappear in face of the Will of thePeople that will find full and uninhibited expression in villageassemblies of their real republics.But here is the real test. Will the State be able to honour theimplicit commitment of the New Deal? Will the State be able toorder its legions out to conquer the fabled land with fabulouswealth to ‘Halt and Salute’ the standard bears of ‘LittleRepublics’? Can we begin a new chapter of Development with Equity,in the Scheduled Areas to begin with, under the unquestioned

command of the community at the village level as mandated by theConstitution? Can those activities of the State that arecontinuing in blatant violation of the national policy and are allblack with not faintest silver line in favour like commercialvending of liquor be stopped with one stroke through out thetribal tract? E. The Saptapadi (Seven Steps) 1. Credibility and Confidence: The vision of self-governance thattickled the imagination of tribal people, with potential of endingthe longstanding confrontation between State and tribal people,should be made functional forthwith in keeping with the spirit ofPESA. In particular,

All transactions of any agency with tribal people, severallyor collectively, be brought under the purview of GS and unlessexecuted in its open assembly be deemed to be void.

Commercial vending of intoxicant in violation of 1974 excisepolicy be stopped forthwilh.

Community ownership of minor forest produce be honoured andmade operational.

A crash programme be taken up for ensuring minimal resourcebase for every tribal family.

Amends be made for all acts of omission and commission of theState concerning tribal people so far; all cases about anymatter falling within the purview of GS be withdrawn.

All promises made while establishing various enterprises,still in folk memory, be redeemed.

All victims of development be identified and suitablyrehabilitated.

All debts and doubtful liabilities be liquidated and bondagein all forms be eradicated.

As the System regains people’s confidence, the tribal peoplebe helped to prepare a ‘People’s Vision’ for SAs as guide forthe onward journey with confidence.

2. Continuous Vigil: Continuous vigil is an essential conditionfor fulfillment of ‘People’s Vision’ as a national task. In particular,

A system of continuous flow of information about the state oftribal people in the form of administrative reports should besetup forthwith.

The annual Report of the Governor be streamlined to serve its

Constitutional objective. The National Commission for Scheduled Tribes be‘depoliticised’ and empowered to function as Ombudsman oftribal people.

The Ministry of Tribal Affairs to function as a nodal ministrycontinuously appraising the Union Cabinet about developmentsthrough a Standing Committee of Cabinet for SAs.

A Standing Committee of NDC to specially review tribalsituation and present it to NDC.

The Scheduled Areas and Tribes Commission be constituted underArticle 339 (1) every decade for special review of policy andrecommending changes there in, if any.

A National Council for Scheduled Areas be established forcontinuous assessment of tribal situation and presenting arealistic perspective thereof before the nation from people’send.

3. Effective Protection, Peace and Good Government are essentialpreconditions for tribal development. In particular,

All leftover tribal-majority areas be scheduled followed by(i) administrative reorganization of SA in each State and (ii)establishment of single line of administration therein.

The immediate urgent tasks in SAs should include (i)regulation of markets and money-lending, (ii) restoration ofalienated lands and (iii) special Missions for especiallyvulnerable groups including (a) PTGs, (b) belles in distressand (c) migrant labour.

The entire legal frame in SAs be brought in consonance withPESA through (i) adaptation of laws, (ii) framing ofregulations and (iii) issue of GRs and Guideline under FS.

A District Tribunal be established for offenses againstdemocracy including PESA violation.

4. Operation Rejuvenation including Social Services: As the spirit of self-governance permeates SAs, operationrejuvenation of ravaged tribal economy be launched beginningwith each village with reference to its micro ecological-climatic zone to be specified by Center of SustainableDevelopment to be setup in each Integrated Tribal DevelopmentProject.

Diversification of local economy be pursued by making first

processing of all produce obligatory within the zone,supported by turn-key projects and training of youngleadership.

A ten-year Project Transformation for shifting cultivation belaunched in concerned States.

An effective comprehensive programme for health services andnutrition be launched with focus on meeting endemic healthcrisis in extensive SAs.

A special thrust in education should be given to ensureuniversal coverage with establishment of ‘school complexes’and focus on outdoor activities and sports. Academic linkagebe established from n (nursery) to u (University) in SAs forimprovement of academic standards. All schools to develop ashub of citizen education and cultural life.

5. Sustainable Development with Equity: The rudderless development in the situation of ‘rich resourcesand simple folks’ be transformed into a voyage of ‘Developmentwith Equity with tribal people at its center’.

The current concept of ‘displacement’ and ‘rehabilitation’ togive way to a frame of ‘guided structural transformation ofentire zone of influence of proposed enterprise’. All newProjects to be established only with informed consent ofcommunity and provision for majority shares of community,affected people and workers, that is, in the ‘communitysector’ as recommended by Bhuria Committee and concurred byNational Advisory Council.

Part IXA of the Constitution should be extended to theScheduled Areas with exceptions and modifications asrecommended by Bhuria Committee.

6 Holistic Frame and Planning from Below in SAs: While theholistic frame of protection and development as envisaged underTribal Sub-Plan (TSP) be institutionalized and reinforced in thelight of experience, an exercise of planning below with referenceto the special situation in each micro unit in keeping with thespirit of FS must start forth with.

The nodal ministry/department for tribal affairs in theCenter/State should be divested of all line functions. Allother Ministries/Departments should have a strong tribalaffairs unit.

A single window system in all field organizations especially

in credit, marketing and supply. Quality of personnel be underscored; sub-cadres to beestablished; personnel with empathy be posted with provisionfor awards; scourge of punishment posting be erased withstringent regulations about conduct and annual review underapex Ministry of Personnel.

Annual review of the state of administration in SAs beinstitutionalised, like annual development plans, in terms ofthe First Proviso to Article 275(1) of the Constitution.

7. Negotiating the Crisis: The phase of projected unconcern by theCenter about ‘areas in crisis’ must end. Let the message of NewDeal reach these areas in high profile engendering waves of newhope, checking expansion of ‘crisis areas’ and even forcing‘retreat’. In areas of sever resistance, let the focus be onending of confrontation. A new administrative culture beengendered guaranteeing natural justice to people within theirfamiliar setting. A team of sensitive hand picked officersespecially empowered be inducted with a clear mandate for creatingconditions for reestablishment of self-governance as envisagedunder PESA with State’s assurance to stand by the community in alleventualities with on alibi for non-action. As the unwholesome image of State becomes brighter with the spreadof new message and its role as a ‘friend in deed’ is internalized,the people will refuse to tolerate even an allusion to compulsionand coercion in any form and also to any thing that is alien totheir customs and tradition unless voluntarily imbibed. All sortsof involuntary impositions are bound to wane and finally disappearin face of the ‘Will of the People’ that will find full anduninhibited expression in the grand assemblies of VillageRepublics.