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Nilgiris Biosphere Reserve - Equitable Tourism Options

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persons affected by such projects in the Scheduled Areas; the actual<br />

planning and implementation of the projects in the Scheduled Areas<br />

shall be coordinated at the State level.<br />

Both the Fifth Schedule and the Provisions of the Panchayats<br />

Extension Act, 1996, are important for the indigenous and tribal<br />

people pertaining to their rights in Scheduled Areas. The Fifth<br />

Schedule stresses both the governance and the rights of the tribal<br />

people to their land. whereas the Provisions of the Panchayats of the<br />

Central Government emphasises the assertion of village community<br />

i.e., Gram Sabha. The Fifth Schedule empowers the President and<br />

the Governors to take care of the governance of the respective State<br />

wherever indigenous/tribal people reside in good number across the<br />

country, whereas the Panchayats Extension Act empowers the Gram<br />

Sabhas to take their own decision pertaining the developmental plans.<br />

The Fifth Schedule protects the rights of the indigenous and tribal<br />

people, whereas the Provisions of Panchayats Act promote the Gram<br />

Sabhas to act and assert the rights of the tribal and indigenous people<br />

with the "village community" as its unit. Members of the Tribes<br />

Advisory Council according to the Fifth Schedule have a duty to<br />

extend advice to the Governor on matters pertaining to the welfare<br />

and advancement of the scheduled Tribes in the State. Every Gram<br />

Sabha consisting of persons whose names are included in the<br />

electoral rolls for the Panchayats at the village level shall be<br />

competent to safeguard and preserve the traditions and customs of<br />

the people, their cultural identity, community resources and the<br />

customary mode of dispute resolution.<br />

It is necessary to discuss these Constitutional Provisions because<br />

firstly, the present government has recently initiated a process<br />

keeping Adivasi communities in the dark to bring about an<br />

amendment to the Fifth Schedule to the Constitution of India, and<br />

secondly, because indigenous/tribal peoples have faced atrocities,<br />

witnessed brutality and experienced killings in the hands of police in<br />

Nilagiris : Ftuling Glory 98

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