Xaxa Committee Report, Tribal Land Alienation

April 2, 2018 | Author: RohanKanhai | Category: Public Sphere, Crime & Justice, Justice, Politics, Government


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[GS3] Development vs Extremism: Xaxa Committee report, Tribal land alienation1. Prologue 2. What was purpose of Xaxa Committee? 1. Land acquisition: Problems found: 2. Land Acquisition: Suggestions given 3. Mining in tribal areas 4. Linkage with Extremism 3. Appendix: Tribal insurgency 4. Appendix 2: Constitutional & Legal protection 5. Mock Questions for Mains Prologue  Topic in News: As such Xaxa Committee was formed in 2013 and gave report in May 2014. But Indian express released detailed report in October 2014 hence in news. Relevance in UPSC Mains Exam:  GS3: Linkages between development and spread of extremism.  GS2: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.  GS2: mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections (including ST) What was purpose of Xaxa Committee? 1. 2005: UPA had setup Sachar Committee to Muslim community’s socio-economic-educational status. 2. 2013: On the similar pattern, UPA-II setup Committee under Virginius Xaxa. He was a member of NAC (National advisory council). 3. To study the socio-economic, health and educational status of tribals. 4. To suggest policy initiatives and interventions for tribal-upliftment. 5. 2014: Gave report. 4. 5. 3. 6. Government agencies acquire land for “public purpose” but later transfer it to private companies at throwaway prices. . Development projects lead to influx of outsiders to tribal areas. Even if the government wants land for its own use. Government notifies rural areas as urban areas to keep them out of PESA coverage. 5. Promote small sized water-harvesting structures instead for large dams. tribal’s land cannot be transferred to non-tribals. “Neutrality of the State” is forgotten. YET Cabinet Committee on Investment (CCI) sometimes hastens project-files which directly /indirectly violate this provision. Empower Gram sabhas to restore alienated land back to original owner. Government officials became “dealers and negotiators” of tribal land. Xaxa asks Government to use such land for tribal-resettlement. Government has signed such MoUs with companies. Earlier Vijay Kelkal Committee suggested that unused Government land should be sold off/leased off to get more money and reduce fiscal deficit. In scheduled areas. Prevent all kinds of tribal land alienation 2. The PPP (Public private partnership) model.MAJOR RECOMMENDATIONS OF XAXA COMMITTEE Land acquisition: Problems found: 1. even while case is pending in court. Land Acquisition: Suggestions given 1. Gram Sabha’s consent compulsory for any type of land acquisition. If anyone obtains Gram Sabha’s consent fraudulently = impose penalties and cancel such projects. This will discourage non-tribal buyers from committing frauds. 3. thus harm tribal interests by money landing activities and pollution. 6. 2. 4. is simply a backdoor method of tribal land alienation. This region is home to a large tribal population. 3. In Scheduled Areas. Appoint a judicial commission to investigate such “naxal cases” registered against tribals and their (non-tribal) supporters. provides sufficient fodder for Mains GS. Epilogue: Modi unlikely to implement any of this. 4. and usedextreme violence to impose ‘Colonial-civilisation’ on these “savages”. for petty wages. Thus. UPA Government took away nearly 1. return the land back to original owner. even the new ‘civilised’ Indian are keeping them as ‘primitive’ as possible. Avoid making Salwa Judum like policies to combat left wing extremism.  Konds of Odisha. overriding differences of caste or tribe. 2. 2. Under Free India:     Since 1980s. Amend the Coal-Bearing Areas Act. 5. foraging. Linkage with Extremism 1. and managed to build intimacy with local people. The Maoist movement spread in these tribal belts because they Promised to end their historical marginalisation. In Andhra Pradesh. Impose penalties on officials. mining and industrial corridors. Appendix: Tribal insurgency just some fodder points based on a book review in thehindu Under British rule:    The British passed Forest Acts (1878. British kept the tribal areas under their direct administration through Governors and kept ‘their’ forest almost intact until they left India. There is no legal basis for terming anything a “Naxal offence”. Nonetheless. Thus. Central and Eastern India became the perfect guerrilla terrain for the Naxalites. tribal-cooperative societies are can do mining activities. 1927) banned -shifting cultivation. Mining in tribal areas 1. if delayed implementation of Forest Rights Act or PESA. .7. Yet many tribals are arrested for protesting against developmental projects. because he wants to give rapid push to highways. After mines are exhausted. 4. laws are used as tools of tribal oppression.leading to rebellions.2 lakh ht. while Xaxa suggesting tough norms for land acquisition. only permit tribals to exploit mineral resources. But British branded it as “human sacrifice”. Future policy makers should learn lessons from Niyamagiri episode. Tribal made to work in the most dangerous parts of mines and steel plants.they spill blood to worship their deity under “Meriah” rite. 1957 to implement this. grazing and hunting in Indian jungles. Other states need to adopt same model.  The British branded their protests as ‘savage attacks’. This negatively affected the livelihoods of tribes. of forest land and gave it to MNCs for mining and power projects. 3. Example. BUT State can impose restrictions to protect the ST. . Maharashtra. Many ST communities are also linguistic minorities. NE etc. reside and aquire property in any part of India. 330. Chhattisgarh and JHK need to appoint a minister for tribal welfare. 334 Above reservation valid only for ten years. 339/1 after 10 years from Constitution. 332 Reservation for SC-ST in Lok Sabha and Vidhan Sabha. 23 Human trafficking prohibited. 29 Linguistic minority has right to conserve its language and culture.Appendix 2: Constitutional & Legal protection Constitutional protection to ST: List not exhaustive Article How tribals protected? 15/4 State can make special provisions for advancement of SEBC.forbidding non-tribals from purchasing land from tribal. 19/5 As such citizen can freely move. SC and ST. appointed by President. So far two commissions setup UN Dhebar (1961) and Dilip Singh Bhuria (2002) 371 Special provisions for 11 states. 164 Madhya Pradesh. 338A National commission for ST. Including tribal-protection in Gujarat. President shall appoint a Commission to prepare report on Scheduled areas and ST. 335 Reservation for SC-ST in Government jobs. Odisha. Meghalaya and Mizoram th th Legal protection to ST: Just brief overview Law How tribals protected?  1996 2006  PESA or Panchayats (Extension to the Scheduled Areas) Act State Government have to give certain political. IPR on traditional medicine etc.  50% seats reserved for tribals.” Expand on the assertion made. 6 Autonomous district councils in AMTM = Assam.Schedule How tribals protected? 5 Tribal areas in nine states. district level bodies). if they can prove they/their ancestors have been tilling the land beyond x years. Governors given special powers. .  Forest rights act  Tribals given “land ownership”. Tripura. forest produce. administrative and financial powers to local governments in tribal areas. Mock Questions for Mains Answer following in 200 words each: 1.  All chairpersons must be tribals (@gram. “The problem of tribal land alienation and its linkages with extremism.  Gram Sabha/ community rights over forest. can be best solved with Implementation of Xaxa Committee report. tehsil. 2. Discuss the Constitutional provisions for protection and development of Tribal areas in India. 3. What’re the main components of Government’s tribal development program? (UPSC asked this in 1988.) . Mention any three tribal areas in India.
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