AD&TW DEPARTMENT
CHENNAI – 600 009
It is noticed that the perspective under which the programme have been taken up
is questionable. Instead of respecting the once self-sufficient tribal
community, the plan has perceived them to be poor in all respects. The
erroneous outlook can be well noticed by the non-implementatrion of tht
Constitutional provision i.e Article 244 (1) V Schedule prohibiting the
transfer by sale/lease/mortgage of tribal lands to the non-tribals and the
restoration of alienated lands. The Tamilnadu government has not passed any
legislation as enjoined by Article 244(1) of the Constitution so far. The
tribal forest rights especially the ownership of Minor Forest Produce including
bamboo have not been recognized. Basic infrastructural facilities are not
extended to tribal habitations within the Reserved Forest for want of
Government clearance from the Forest Department. Voluntary and involuntary
displacement from the reserved forest due to development projects and lack of
inadequate rehabilitation or compensation has unsettled the lives of a section
of tribals. Attempts to systematically identify them and to rehabilitate them
has not been undertaken. (pg.27-28) …………..
………….
The deficiencies of IX Five year Plan as noted above have led to following
recommendations and schemes:
1. A legislation is to be urgently passed in the assembly prohibiting the
transfer by sale or lease or mortgage of tribal lands to non-tribals and a time
bound restoration of all alienated lands. The issuing of titles to lands that
are in actual enjoyment of tribals should also be completed in a time bound
manner. Common lands and properties should be recorded and rights of
communities protected. Lands may be identified near the tribal habitations as
far as possible for distribution to all the tribal families, say up to five
acres for those who have less than an acre of land. A development strategy to
make the lands self-sufficient through watershed management, inputs focused on
food and traditional crops with a support component in terms of land
development and wages shall be adopted.
2. All tribal habitations (hamlets/villages) should be declared as ‘Scheduled
Area’ under article 244(1) of the Constitution. A cabinet decision on this may
be taken and proposal submitted to the Parliament for its resolution so as to
enable the President of India to notify Scheduled Area in the State. This will
give effect to the provisions of Panchayats (Extension to the Scheduled Areas)
Act 1996 through required legislation at the State level.
3. The rights of tribals to ownership of minor forest produce including bamboo
are to be recognized to secure the primary economic base of tribals. The
government should provide minimum support price for forest produce. Government
should create infrastructure to facilitate collection, storage, processing and
marketing of all forest produce including provisions for skills for value
addition. No contract system should be allowed in these. Immediate payment
should also be ensured. The management of all aspects of collection should be
through the collectors/producers’ councils.
4. i. Steps must be taken in a time bound manner to undertake immediately a
comprehensive survey of the forest villages/settlements, their needs and
livelihood rights. Providing revenue village status and other ways have to be
adopted to ensure that these villages and people enjoy full rights.
ii. Forest Department should help in providing basic infrastructure to the
interior tribal habitations. For basic infrastructure developments such as
roads, electricity and communication works the Central Government should give
quick clearance to the Forest and Environment Department of the State
Government.
iii. Fencing of tribal habitations is required to protect the tribes from wild
life attack. A rational and quick disbursal of compensation for the damage to
property, crops and life should be adopted.
5. Steps must be taken to undertake a time bound survey all those who are
voluntary and involuntary displaced from the reserved forest and also due to
development projects. A comprehensive programme to rehabilitate them should be
adopted on a priority basis.
(Pg28-31)
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C.R.Bijoy
Doctor's Quarters
Sri Ramakrishna Hospital
Coimbatore
Tamilnadu
India 641 044
Email:
rights@rediffmail.com 
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