Indigenous People’s Forum, Odisha (IPFO)
LIG 62/K4 Kalinga Vihar, Bhubaneswar, Pin-751019
Contact No:+91 88959 21665,+91 94381 56315,E.Mail: ipfodisha@gmail.
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Ref…………………
PRESS RELEASE
Dated 20th December, 2013
Institute of Engineers, Bhubaneshwar
With the country and the state heading for elections, the tribal question still looms large in the space of public policy deliberations. 66 years since independence has not yet guaranteed good governance and sustainable development to the 5th schedule, tribal dominated areas of our country. The questions of land, water, culture and resources in relation to the tribal identity continue to be raised even after 17 years of the historical PESA legislation. 468 members of various tribal communities took part in a peoples’ tribunal on governance in scheduled areas of Odisha. This tribunal was organized by the Indigenous Peoples’ forum and was primarily focussed on the implementation of the Panchayat extension to Scheduled Areas (PESA) act in Odisha. Members of tribal communities from all 13, Schedule-5 districts and other partially tribal populated districts took part in the first day of the 2 day long tribunal and presented their cases before an esteemed jury. The event saw tribal representatives not just from Odisha but from the states of Madhya Pradesh, Chhattisgarh, Jharkhand, Andhra Pradesh and Manipur. 14 cases were presented on the first day.
The first day of the peoples’ tribunal started with the traditional beating of the tribal drums and a musical performance by tribal girls from Sundergarh. Father Nicholas Barla set the ball rolling and introduced the jury to the audience. The jury comprised of 10 members and was included the ex-SC/ST commission chairperson and the pioneer of the revolutionary PESA act, Shri B.D Sharma. Prof. Bipin Jojo, Professor; Mr. S.K Subramaniam, ex-IPS; Mr. Arvind Behera, ex-IAS; Advocate Sujata Jena; Mr. Karunakar Mishra; Mr. Chitta Behera, social scientist; Mr. Marinus Kujur, Researcher and Mrs. Dayamani Barla, tribal activist from Jharkhand were the other members of the jury. The hearing was facilitated by renowned tribal rights activist, Mr. Bijay Panda.
The cases included a diverse range of issues from land grab to boosting of liquor trade by the government in tribal areas. Cases had been compiled and distributed before hand to the jury. Bipin Lakra, a resident of the Sundergarh district deposed before the jury along with 4 other members of his village. They spoke about the excesses of the OECL sponge iron factory which had constricted a boundary wall in their village with the help of the police. This action had alienated the people of the village from their village pond, the village playground and the village cemetery. Apart from this, the dust and effluents from the sponge iron factory was destroying their crops and polluting the water which has resulted in health hazards in the area. The company has not only used the police but also resorted to criminal intimidation of the residents of the village. The group had approached all the administrative authorities including the Governor but their efforts have not elicited any response till date.
Daridhara Nayak of Sundergarh district narrated the painful story of 20 Paudi Bhuyian families whose houses and all material assets were burnt to the ground by the forest officials. The Paudi Bhuyians are a particularly vulnerable tribal group and had been living in the Kiri village of Lahunipada block. This village was extremely far from the GP headquarters, was not well connected and the people had difficulty in accessing even basic services. After a number of deaths due to lack of health services in the village, the community decided to move downhill and settle in a more accessible forested region. They cleared the forests and constructed temporary settlements. But, the forest department told the community members that the area was a reserve forest where the people would not be allowed to stay. Ignoring the community right over the forests in accordance to PESA and the Forest Rights Act, they torched the houses and all the material assets of the people. The Paudi Bhuyians are mostly illiterate and have a very low level of political sensitization. They could not raise their voice against this illegal action and did not even file an FIR with the police. Only after the intervention of a local organization, Jeevan Sanstha, the administration visited the area after 13 days. The jury opined that the faulty identification of the PTGs is a crucial point which has been brought forward by this case.
False cases branding tribals as Maoists and resulting police atrocities were a common agenda voiced by people from various districts. In a shocking case in Silipinji village of the Sundargarh district, the entire male population was arrested on false pretext at the crack of dawn. The women of the village were assured that they were being taken away for questioning but were kept in custody for more than 2 years. Ultimately, they were released without any criminal charges but the families are yet to receive any documentation supporting their innocence. 3 men in the Bhaliaguda village of Gajapati were killed by the police last year on the false charge of being Maoists. One year down the line, their families still await justice.
One of the depositions made concerned the recognition of the Soura language spoken by more than 10 lakh Souras alone in Odisha, in the 8th schedule of the constitution and as the medium of instruction for Soura children under right to education act, 2009. Ironically, the government has not taken note of Soura as a potential regional language, deserving of constitutional status, though it has a script of its own and a corpus of oral literature too.
The 5th schedule of the constitution has placed with the Governor, the responsibility to maintain peace and deliver good governance. But, this space and constitutional authority is still almost defunct in Odisha and there are no institutional mechanisms in the Governor’s office to take cognizance of tribal grievances and quick redressal. The members of the jury repeatedly stressed on this constitutional mandate of the Governor and recommended the opening of a dedicated tribal cell in the Governor’s office comprising officers sensitive to the tribal cause.
Sandeep Patnaik, a member of the organizing team pointed out the crucial political and policy related questions that were related to the non-implementation of PESA in the state of Odisha. Sandeep observed that the so-called amendments made by the government of Odisha to its principal Panchayati laws like Odisha Gram Panchayat act, 1964 and Odisha Zila Parishad act, 1999 in the name of compliance to both 73rdamendment, 1992 and PESA act, 1996 are a mockery of the 2 historic legislations. He cited the instance of Chapter 11 of the OGP Act, ‘Control’, which provides powers to officers high and low to override the acts and decisions of the Gram Panchayat, which is a negation of both 73rd amendment and the PESA act.
The second day of the tribunal shall cover the rest of the depositions, the comments and suggestions of the jury and a declaration by the participating organizations on the way forward from this memorable event.
Thanking you,
Amritlal Tigga,
Coordinator, IPFO
Mob: 8895517498
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