On the Future of Indigenous Traditions - Munin

More documents

Recommendations

Info

The Scheduled Areas Act 1874 now in the new constitution (article 244) also acknowledges that the area that has different proportions of Scheduled Tribes population in the different states be termed as ‘Scheduled Areas and Tribal Areas’, continue to be exclusively for ‘tribal administration’. Both these terms ‘Scheduled Areas’ and ‘Tribal Areas’ in the legislation is used for administration in the Fifth Schedule and Sixth Schedule of the Constitution respectively which are mostly Adivasi dominated areas. In the whole country, nine states have their areas covered under the Fifth Scheduled and some four states in the northeast India covered under the Sixth Schedule of the constitution. The differences between the two schedules are that the Adivasi or tribal people in the Sixth Schedule enjoy more autonomy in exercising their customary practices and rights than those in the former. Jharkhand is among the nine states where the areas are covered under the Fifth Schedule 97 . These areas have special rights of administration, such as the non-transfer of Adivasi land to non-Adivasis by law and provisions to be governed by the local and customary laws. In addition, certain constitutional bodies that are mandatory for the rest of the country to be constitutes i.e. the Panchayati Raj bodies cannot be formed in these areas. However, in the Jharkhand state there seems to be a serious problem when it comes to the issue of respecting Adivasis basic rights which are acknowledged and supported in the national and state legislation because the Jharkhand governments take an unconstitutional stand. 97 Most of the Adivasi areas in India are covered under the Fifth Scheduled, as these areas contain non- Adivasis along with the Adivasis. Fifth Schedule accommodates non-tribals in this area by the central government or constitution. Here the Adivasis have been exploited by the non-Adivasis by means of grabbing their lands and forests and enriching themselves by many other deceitful means. The provision of Fifth Schedule leaves many holes for the non-Adivasis to continue exploitation of the Adivasis. 66
3.4. Rules & laws specific to Jharkhand pertaining to the powers of the customary structure vs. Panchayti Raj – the state system To follow up from the discussion from the previous section, here I have elaborated on those developments that have led to disrespecting the legal protective provisions which support Adivasis customary systems in present Jharkhand state. As said earlier the three main regional Rules and Acts that exist are: 1. the Wilkinson Rule, 2. Chotanagpur Tenancy Act (CNTA) and 3. The Santhal Pargan Tenancy Act (SPTA). Together these form the legal backbone for the Adivasis of Jharkhand when it comes to their customary laws and collective rights based on these customs. There are several other cases such as the Land Acquisition Act, Indian Forest Act, Coal Bearing (Areas Development) Act, etc. which could be used to directly or indirectly violating the above regional protective provisions. There are still other forms of smaller encroachments into the customary and traditional lands of the Adivasis by non-Adivasis that have gone unnoticed in the past decades. Only a thorough objective investigation could reveal the extent of illegal encroachment of Adivasi lands to this date. In this context it would be important to point out two other developments that that have an impact on the political association of the Adivasis. One, the Panchayati Raj Act (for All India) - which is not to be implemented in Fifth and Sixth Scheduled areas. The second development is the central government’s new Provision of Panchayats [Extension to the Scheduled Areas] Act, 1996 -in short called PESA 1996; this Act supports the governance of the Adivasi village through their own customary systems and is supposed to be implemented in all the states in the country with Scheduled Areas. Surprisingly, the Jharkhand government instead of implementing PESA introduced the Jharkhand Panchayati Raj Act 2001 which goes along the line of the Panchayati 67
Page 3 and 4:
Acknowledgements I dedicate this wo
Page 5 and 6:
Table of Contents On the Future of
Page 7 and 8:
CHAPTER FIVE: CONCLUSION...........
Page 9 and 10:
Map of India and Jharkhand Capital:
Page 11 and 12:
Statement of the problem: The socia
Page 13 and 14:
important aspect of these communiti
Page 15 and 16: Limitations and scope: The Adivasis
Page 17 and 18: CHAPTER ONE: Background of the them
Page 19 and 20: pointed out at the lack of definiti
Page 21 and 22: “which specify the tribes of trib
Page 23 and 24: ules that maintain a balance betwee
Page 25 and 26: 1.2.4. - Political Jharkhand is a p
Page 27 and 28: are associated with. Roy further ad
Page 29 and 30: - but fought in vain - to steam the
Page 31 and 32: 2.2 The customary system / laws How
Page 33 and 34: generation to another. Customs coul
Page 35 and 36: khuntkatti dars - the decedents of
Page 37 and 38: The social organization for their a
Page 39 and 40: Among the Mundas these posts have b
Page 41 and 42: The sense of independence among the
Page 43 and 44: - That the practice of Adivasis cus
Page 45 and 46: sufficient occupation any more. Los
Page 47 and 48: Nevertheless, there were three reas
Page 49 and 50: the ‘modern temples of the nation
Page 51 and 52: the pilot projects of Peraj East Op
Page 53 and 54: Bank machines are lying unused. So
Page 55 and 56: 2.8 Which direction is the ‘devel
Page 57 and 58: CHAPTER THREE: Adivasi Politics 3.1
Page 59 and 60: “Originally, a tribe normally com
Page 61 and 62: system of the Adivasis that: “The
Page 63 and 64: policy of non-disturbing of the Adi
Page 65: specified, as the socio-cultural or
Page 69 and 70: in Jharkhand. They argue that reser
Page 71 and 72: 3.5. The “Tribe” /Adivasi ident
Page 73 and 74: In the political nation here, the r
Page 75 and 76: The policy of “‘tribals’ to d
Page 77 and 78: Jharkhand region and secondly, the
Page 79 and 80: The third point mentioned earlier i
Page 81 and 82: forward for discussion on the issue
Page 83 and 84: survived through different periods
Page 85 and 86: language called to be ‘the langua
Page 87 and 88: teen Manki court. That does not lim
Page 89 and 90: The positive side of it is that peo
Page 91 and 92: Munda (a post within the customary
Page 93 and 94: saying she was illegally building h
Page 95 and 96: the state mechanism and its process
Page 97 and 98: CHAPTER FIVE: CONCLUSION 5.1. Basic
Page 99 and 100: do we look at it to find the distin
Page 101 and 102: “…most important argument for m
Page 103 and 104: 5.3.1. Adivasi customary system in
Page 105 and 106: traditional customary system prove
Page 107 and 108: Bibliography / References: Books Ar
Page 109 and 110: Articles, Published and Unpublished
Page 111 and 112: Appendixes: International Definitio
Page 113: Maps 2 and 3 Photos sources: Cover
show all

On the Future of Indigenous Traditions - Munin

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?