Although the courts have always ruled in favor of the tribals on various issues of the tribals, it seems that the country is ruled in a ‘hum kare so kaida’ manner.
“If future generations do not want to say that the Republic of India was built on green soil and destroyed the innocent tribals who have lived for centuries, then the tribals must be taken into confidence when formulating development policies. While it is natural to expect the country to benefit from the exploitation of mineral resources, environmental protection and tribal rights must be taken into account. It should be noted that the provisions of the Fifth Schedule were also upheld by the Supreme Court. ” ‘
– R.K. Narayanan
The statement made by the then President of India during the Republic Day celebrations in 2001 was based on an incident that took place a few months ago in Kalinganagar, Odisha. Police charged the rally on Friday. 13 people were killed. Annoyed by this, Narayanan presented his character with very clear words when there was no Forest Rights Act but there was Pesa. The fifth schedule took place. He mentioned the court in his speech. Related to the ‘Equality Judgment’ that came eight years ago. Since then both the pros and cons of the question of how the courts have looked at tribal issues have come to the fore. The result of ‘equality’ is still historic. This is the second result given by tribals in the world. Earlier, the Australian Supreme Court ruled in favor of Mabo in Queensland. After that came many rights for the tribals. After ‘equality’ many courts in the country ruled in favor of the tribals and sometimes in favor of the industries. Therefore, there is no consensus at the legal level, despite the appropriate legal provisions. Various governments have taken advantage of this and the tribals continue to thrive. Birla Perikals, a tribal from Nimmalapadu in East Godavari, Andhra Pradesh, had earlier approached the High Court against the allotment of land to the company with the co-operation of Samata. There the result came in favor of the company. The Supreme Court, however, overturned it. Land in the Scheduled Area cannot be leased to non-tribals and they have equal rights in social and economic empowerment. While the government has a right to development, it must ensure that the right to life of this neglected group is not compromised. So if you want to establish an industry, use the principle of cooperation. Include in the industry tribal organizations that accept the principle of 20% share in profits. The court said the prime minister should convene a cabinet meeting to look into the matter. After this supreme result, many felt that the government of the country would no longer be in a dilemma of evacuating the tribals. The government observed this result and set up a Mineral Advisory Council. The council also decided to take a decision in consultation with the Tribal Advisory Council, which operates under the governor in the state. In fact nothing more happened than that. The Central Government continued to allow industries in tribal areas. The states also forgot partisanship and continued the policy followed by the Center. The courts had to deal harshly with this. The courts have raised tribal expectations, especially in the face of ‘equality’. Separation of what is actually happening. The government sold Balco shares in Chhattisgarh after the country’s export policy came into effect. The industry is also present in tribal areas. He was opposed by workers and local tribesmen. The case went to the Supreme Court. The unions argue that selling the shares to the private sector means handing over the industry to non-tribals. It was dismissed by the court. This is a consequence of government economic policies. The court also questioned the ‘equality’ verdict without stopping there. This result given by the majority does not lead to accuracy. The court ruled that the land transfer law exists only in Andhra Pradesh and not in Madhya Pradesh or Chhattisgarh. The incident took place in December 2001. Governments were then given freedom. Following this, the process of allocating lands in the Scheduled Area to several private industries claiming to have accepted the path of globalization began. Tribal participation in industry on cooperative basis, 20 per cent profit. The expectation that justice would be done from the highest point also failed, disappointing the tribals and their supporters, but none of them gave up on it. In this context, the consequences of 2013. In this case, the apex court ruled in favor of the industry, saying it would take action only if the gram sabha approved the deal.
Odisha District and Sessions Judges were sent straight to the forest to find out what was being said in the Gram Sabha. The court canceled the theological lease after receiving a report that the gram sabha had refused. In fact it was thought that the verdict would be handed down by courts across the country. Governments and industries that seek forest land often make false reports about public hearings or village meetings. This type is prevalent across the country. In such a case the court has the right to testify if anyone seeks compensation. That didn’t really happen. The latest example of this is Hansdev from Chhattisgarh. The tribals went to the high court but were not relieved that the mines had been cleared without holding a gram sabha. Like Hansdev, Surjagad is also in the scheduled area. The court in this case did not act according to the rules. The trees were cut down and hundreds of tribals were still hanging their swords. However, the tribals are hopeful that justice will be done to them through the courts. The government has not given permission for the sale of brooms made by the East Godavari District Poolangi Forest Production Committee. The Committee went to the High Court. The court ordered the government to sell the broom. In 2012, the Supreme Court directed that the opinion of the gram sabhas in the area be sought when preparing guidelines for tourists visiting the buffer and core zones in the Tiger Reserve. Until then the Forest Department is not ready to accept the existence of these meetings. Maldhari, Bharwad and Rabbari are nomadic tribes in Gujarat. The authorities claim that the Forest Rights Act does not apply to them. The High Court dismissed him and ordered that all concessions be granted. The Guthikoya tribe are tribals in Chhattisgarh and non-tribals in Andhra. The Andhra Pradesh High Court has ruled that the gram sabha will decide whether to grant forest rights to the tribe, who migrated from Chhattisgarh decades ago. Looking at all these court decisions, one thing that stands out to Prakash is that the courts have given different judgments on the establishment of industries in the Scheduled Area. However, it seems that the tribals have taken a stand on forest rights and income. In 2019, the Supreme Court ordered the government to evacuate the 11 lakh tribals whose claims were rejected. There was a sudden commotion with this. Orders were postponed as the center filed a fresh affidavit. The petition is still pending. The four pillars of democracy must play an active role if the provisions of the Constitution or government laws are to be properly enforced. If that doesn’t happen, it’s still a question of time. All of this is unfortunate, though!