Radical left-wing resistance to the State has been festering in India since 1946, when the Communist Party of India began working in north Bengal and Telangana among landless scheduled castes and tribes who worked for a pittance in the lands of the upper-caste landowners in these areas. The root causes of this problem lie in the pernicious caste system of our country. During its evolution, the upper castes saw to it that ownership of cultivable lands remained with them. The tribals were driven into the forests, bringing about the new coinage to describe them: vanvasis.
The British did not interfere with this system. However, when India became independent and the Constituent Assembly was convened to frame the Constitution of India, our leaders framed two articles that are relevant to this issue—the Fifth Schedule and the Ninth Schedule.
The Fifth Schedule states briefly that all scheduled areas of the country which are forest reserves and inhabited by scheduled tribes are to be administered by the governors of the states by appointing tribal advisory councils from among the tribals of a particular forest reserve or a scheduled area. Regrettably, no governor of any state in India has ever constituted tribal advisory councils of scheduled tribes living in the reserve forests or scheduled areas of the states they were governing. In this deliberately created vacuum, the chief ministers of the states have merrily administered their reserve forests by leasing forests for mining to private companies, evicting the tribals living in these forests for millennia.
The Ninth Schedule of the Constitution dealt with the fact that cultivable land which over thousands of years had come under the ownership of upper castes should be acquired by the government and redistributed among India’s landless peasantry. Since land revenue was a state subject, the states were directed to legislate land ceiling laws and implement them by acquiring farmlands from landlords and redistributing them to landless farmers who for centuries worked under the most abominable conditions on the lands of the landowners.
Regrettably, only three states have implemented the land ceiling laws legislated by all the states by 1955. These were Jammu and Kashmir, West Bengal and Kerala, the latter two when Communist ministries were ruling there. In West Bengal, the jotedars—as the landlords are called there—tried to manipulate the land records and deceive the landless farmers and the government. This resulted in an uprising in a village called Naxalbari led by the Communist Party of India, Marxist-Leninist (CPI-ML), a faction of the Communist party. In Kerala, the land ceiling was successfully implemented in the plains districts and this has prevented the Maoist Naxalites from organising a revolution there.
In the vacant space created by the central government in not implementing the Fifth and Ninth Schedules of the Constitution, the CPI-ML that has today, after many mutations, evolved into the Communist Party of India-Maoist (CPI-Maoist) stepped in. Since the 1970s, they have organised the scheduled castes and tribes who were deliberately denied cultivable lands and rights in the forest or scheduled areas enshrined in the Constitution. The land ceiling acts legislated by all the states are lying abegging in the statute books, as also the Fifth Schedule as no tribal advisory councils have been formed by any governor.
Today, the states and the Centre are only screaming of the Maoist threat to the country and a mini-war is being carried out against the evil Maoists and the poor scheduled castes and tribes whom the Maoist leaders have organised as their cadres. Nobody wants a Maoist government. But what is the answer to this problem? Is it to maintain a thunderous silence on not enforcing the Fifth and Ninth Schedules of the Constitution? Under what laws have the state governments leased forest lands to mining companies when it is the tribal advisory council which is to decide how to utilise their forest lands?
There is a simple solution to the problem of the forests. They have to be divided into sections of 10 villages. The whole area should then be cordoned off by the CRPF or BSF, and tribal advisory councils constituted in each section. The paramilitary force deployed around will prevent any Maoists from entering this area and also see that the tribal advisory councils are appointed. The councils will then decide how to organise collection of forest produce or liaise with mining companies.
In the states, the land ceiling laws must be enforced by deploying the CRPF on the ground and supervising the removal of land in excess of the land ceiling laws of the state and distributing it to the landless people. The oppressed people will then realise that the CRPF are their friends and not the oppressive arm of a corrupt government.
(E.N. Rammohan is the former director-general of the BSF.)
Apropos E.N. Rammohan’s column Unleash the Good Force, Jharkhand and Chhattisgarh are doing enough to make their common border a war zone. Everything is blamed on the Naxals, the lack of infrastructure, and all else. We really need a relook at our anti-rebel strategies.
Rajan C. Mathew, Bhilai
The land belongs to him who labours on it. The revised land ceiling laws must be enforced throughout the country.
Beena Mathur, Pune
BACK TO BASIC
Thanks Mr. EN Rammohan for an article containing solution to keep the rebels in check. In reality, only implementation of the Land Ceiling Acts and enforce the fifth and ninth schedule by unleashing good force can pacify the oppressed people in India.
Sir, you said no Governor implemented the fifth schedule and never bother to form Tribal Advisory Council which is to decide how to utilize their forest lands. Here our Jharkhand government has done enough to eliminate the forests by itself.
Hindustan Times, Ranchi on 10th July 2012 reported “with the Forest Dep’t failing to appoint guards in the state, the surveillance of forest areas and the monitoring of development work in those areas have come to a standstill”.
Nonchalant: *There has been no recruitment of forest guards since 1977 when Jharkhand was still a part of unified Bihar.
*After bifurcation in 2000, the dep’t created many new posts and appointed officials at the top level but failed to recruit a single forest guard.
*In Mosabani, there are two forest guards against 14 sanctioned posts, in Mango and Rakha mines, three guards in each range against a required strength of 21.
Interestingly, the dept now has five Principal Chief Conservators of Forest but in undivided Bihar there was only one. There are same numbers of Additional PCCFs and many Regional Conservators of Forest and DFOs for each division.”
The famous Sal Forest of Jharkhand is disappearing constantly. That turns as ‘blessing in disguise’ for industrializations through the Society for Promotion of Wastelands Development (SPWD).
Government passes the buck on industries in the name of Corporate Social Responsibility (CSR). But how CSR response can be seen in the centenary slogan of Tata Steel that claims to plant 1.5 billion trees but where those are we can’t see. Interestingly, Tata never mention how many trillions of precious Sal trees it has destroyed so far and how many tribals had been evicted from their ancestral homestead and where they are now –nobody knows. Kurmi, one of the thirteen Scheduled Tribes and in majority in Jharkhand, had been deleted from the ST’s list without any notification to encroach their land for industry and mining as the Chotonagpur Tenancy Act (CNT) prevents purchasing of tribals’ lands. Thus the ninth schedule is enforced!
After economical liberalization, errant industries are boosted as they are unchecked by the state or the law, have assaulted our lands, forests and rivers ruthlessly. Now Jharkhand is one of the worst states in the Environmental Performance Index (EPI). Thanks to the crony capitalism.
Last but not the least, inception of the separate Jharkhand helped the immigrants to legitimate their status in the state and thereby repress the nature worshiping son-of-the soil with stark hubris of cultural hegemony. We are called as ‘Jungli’ at our own home!
Please no indignity anymore, we want responsible behavior.
Kade Mahto, Jamshedpur
Wonderful solution!B.G.Verghese to learn from Rammohan that there was no rule of law in India since 1947.How true were the remars of Late Azad,encountered by GOI regarding the Indian Constitution in his rejoinder to his article before his death.
A lot of water has flown down India's rivers since the Fifth Schedule was enacted; clearly this is an idea whose time has passed. As regards land reforms, decades of unremitting population growth has ensured that few really large holdings remain. There is simply not enough land to go around. Where tribal sub plans and huge financial outlays have not brought a better standard of living to the tribal population, economic develpment, including mining, must be given a chance.
bjp employees parrot the official line of keeping vanvasi apolitical. They should not get to have a say in their own destiny. For that end keep parroting the line of educational and health facilities knowing very well the govt schemes in these areas would never work.
RAJAN C MATHEW >> Control of citizens protests by fire power has never helped any administration any where !
I know only two nations successful in exerting full control over its citizens through force. North Korea in keeping their citizens in cage with no corrupting information from outside world. Other successful country is Saudi Arabia. Their method is the combination of force and Islam. Burma tried and failed. China is wise enough not to try.
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