Social workers demands implementation of Samata Judgment By Sanjeev Shekhar

Social workers demands implementation of Samata Judgment

By Sanjeev Shekhar

Ranchi- Social workers have welcomed the announcement made by Chief Minister, Arjun Munda, to implement the Samata Judgement in Jharkhand, but they fear that the announcement may turn out to be a political stunt to win heart of tribal people.

They have unanimously rejected that the Samata Judgment prohibits the growth of industrialisation. In fact, such advocacy is done by the government in connivance with the corporate houses to exert pressure on social groups and those opposing leasing the mines in private hands.

Prominent writers and noted social-tribal activists of the state struggling for the cause of Adivasis and Moolvasis strongly believed that the Chief Minister has apparently given the statement keeping in mind the Jamshedpur by-poll scheduled to take place on July 1, as the said parliamentary seat constitutes the major chunk of Santhali population, other than Bengalis and Mahatos.

“The statement of the chief minister is simply eyewash given for political gain,” agreed a major chunk of noted social activists of the state.

The firebrand social activists and tribal leader Dayamani Barla, who owns to her credit of postponing the site of steel plant by Arcelor-Mittal at Khunti & Kamdara block was vociferous in pointing out that the government was befooling the tribal mass here.

“On one hand the Chief Minister Arjun Munda set the precedent of signing the maximum number of MoUs with the private industrial houses while on the other he is talking about executing the Samata Judgment. This is ridiculous as his intention is under scanner so far the rights of the tribes are concerned,” stated Dayamani Barla.

In 1997, the Apex Court upheld the tribal rights and community mining. Samata, social action group working in the southern state of Andhra Pradesh, fought for the rights of tribal communities and for the protection of the environment in the Eastern Ghats region. The Fifth Schedule of the Indian Constitution provides protection to the Adivasi (tribal) people living in the Scheduled Areas of nine states including Jharkhand from alienation of their lands and natural resources to non tribals.

Social activists held that this constitutional safeguard is now under imminent threat of being amended to effect transfer of tribal lands to non-tribals and to corporates. The move has serious implications to the 80-million tribal population of the country, their very survival and culture.

According to Dayamani Barla the government was trying to give mines and renew leases to the corporate houses thereby leading the heavy displacement on the pretext of development. Past record is an indication that the number of people displaced could not be rehabilitated due to the faulty policies of the government. Hence, the question is as to why the government is hell bent to oblige industrial houses.

“These industrial houses come to state with begging bowls so that government allows them accessibility to minerals and once it’s done they turn others into beggars particularly the local population of the area,” Barla castigated.

The government is shedding crocodile tears to save the interest of the tribals whereas political and administrative machinery remains a mute spectator to the transfer of the tribal land to non-tribal or industry here. The UCIL has been getting the land transferred in its favour with the help of local administrative machinery at gun point justifying that the move would help the state, said Dayamani.

The prolific writer and the opinion builder among the tribal masses, Gladson Dung-Dung, does not agree that the Samata Judgement of the Apex body would hamper the industrial growth in this state.

“I fail to understand that why the government want to provide land to investors to displace people,” Gladson said. According to him, mining as like agriculture produce should be seen as the end product from that land. The Samata Judgement clearly talks about community mining. Here the welfare state should provide machinery at the subsidised rate to the landowners where the mining could be done. Tribals should be allowed to do the mining of minerals. The produce then may eventually be given to the state at a price which in turn can sell it to corporate houses interested to commission plant here,” Dung-Dung said.

He tried to rationalise that farmers produce like mangoes and guavas are sold in the market and not the land. Similarly the minerals could be sold and not the land.

Gladson argued that rural economy should be strengthened to make the state super power. Agriculture is the backbone of economy followed by horticulture, animal husbandry and eventually community mining. He said that land could be used in different stages to make is more sustainable not only for the people but also for the state. “We want development but in the right perspective. We are against exploitation and malpractices,” he asserted.

Reflecting the similar tone, the noted writer-journalist-social activist Vasavi Kiro categorically said that they are not against development. There are around 139 blocks that falls under 5th Schedule in this state. “It’s necessary that community mining and cooperatives should be allowed to do mining so that the larger interest of the people of Jharkhand are served,” said Kiro.

She strongly held that the private industrial houses create peer pressure and advocate that the Samata Judgement will hamper industrialisation, which is far from truth. “The Indian Constitution talks about civil rights but the industrial houses want to talk less about it. Can you believe that the Apex Court of the country can give judgment that would hamper growth of any state or country? This is impossible,” she asserted.

Kiro held that the industrial houses want all the rights and powers in their own hands so that they can twist and turn the locals the way they want it. It cannot be considered fair and the intention of the private corporate houses is always doubtful.

Given the circumstances, the government promise to execute Samata Judgment seems to be far-fetched. Lack of will power and alleged connivance of government machinery and industrial houses left the fate of Samata Judgment hanging balance.