Chandrasen Guria, You have raised an apt question. The Scheduled Areas are the creation of the British raj. Its they first of all perceived that the scheduled tribes (adivasis) all over the country are different from the general populace.They have their own distinct,different culture and value system. They are uncomplicated,unpretentious and simple. They take words on face value. And at this backdrop they can easily be deprived and cheated from their belongings. And so SA’s history goes as back as 1839. The purpose was to establish an exclusive administrative structure for the tribal. You may research upon the revolts by various tribal groups all over India.And you will probably find that those revolts were mainly to assert their rights over their lands and to protect it by all means. Land was and still is the only resources of their living for them to depend upon. What water is to the fish; so is Land to the Tribal. The British acknowledged it as a fact and made provisions for specific arangement by declaring Scheduled Areas and for its adminitration. I am not undermining the battles and struggles of the tribals. In fact the British were forced to make such laws for protection and preservation of tribals and their lands. In the preface of the CNT act-1908 it is specifically written that the Act is for protection of tribal lands from the “Biharis” who otherwise will take all from them. They were right. Their fear has proved true today, even after 100 years we are not been able to protect our lands from the Biharis. Can you believe, till today approx. 20 lacs acres of ST lands have been sold/taken/acqisitioned by various agencies and outsider individuals. What you’ve pointed to is about the fundamental rights to freedom of moving ,residing staying ,practising any job etc in any part of India as the citizen of India.[Art.19 (1)]. The dikkus will always speak about it, because it’s for their benefit. But, they keep silence deliberately on the 5th clause of Article 19. To make it simple: (1)Can the State make laws to impose reasonable restrictions on the rights to move freely to reside and settle in any part of India? Ans:YES. (2)On what ground can the State make reasonable restriction on the above rights? Ans:For the welfare of the people at large or for the Protection of the Scheduled Tribes the State can make reasonable restrictions on the above rights? CNT Act-1908, SPT Act-1949 and PPESA -1996 are the supplement/fill-up of Article 19(5) of the Constitution. But if we, the beneficiaries of these Acts, do not voice for our rights, why should the dikkus harm themselves by strictly implementing these acts.
Posted on: Wed, 09 Oct 2013 03:04:02 +0000
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