ST panel objects to Das govt move to dilute tribal law

JAMSHEDPUR: A national panel has objected to a controversial Jharkhand government ordinance that allegedly dilutes a British-era law safeguarding tribal land, potentially jeopardising chief minister Raghubar Das’s plans to develop infrastructure in the state.

The National Commission for Scheduled Tribes has written to President Pranab Mukherjee stating that the ordinance seeking changes in the century-old Chotanagpur Tenancy Act (CNT) and Santhal Pargana Tenancy (SPT) Acts “jeopardise the existence of the tribal population” in the state.

The BJP-led government led by Das plans to allow tribal agriculture land to be used for non-agriculture purpose, citing “public interest projects” such as roads, dams, water pipelines, transmission cables, hospitals and educational institutions.

The two acts were enacted by the British government to ring fence land belonging to the tribal communities that now constitutes 26.2% of the state’s 3.29 crore population. Officially, there are 32 tribes in Jharkhand including eight categorised “particularly vulnerable” due to their very low numbers.

Land rights and citizenship rights are two of the most sensitive issues in the tribal-majority state with activists and political parties accusing “outsiders” – a term used to describe people from other states – of grabbing land and government jobs and taking control of businesses, depriving the indigenous population of economic and social benefits.

The government is already in quandary over the Ordinance as its ally, the All Jharkhand Students’ Union (AJSU) Party, some BJP legislators and opposition parties are opposing the changes in the tenacy laws. BJP president Tala Marandi, who offered to resign on Wednesday, is also against the amendments.

The ordinance, approved by the state government on June 28, is awaiting presidential approval.

“Amendments in both CNT and SPT Acts are a dangerous step. If this ordinance comes into effect it will open the flood gate for large-scale transfer of tribal land in the state, jeopardising the existence of the tribal population there,” NCST chairperson Rameshwar Oraon said in his letter to the President. HT has a copy of the letter. “…The Union government as well as state governments ought to consult NCST for any policy decision effecting tribals but the Raghubar Das government didn’t consult nor sent a proposal to us. We are told the state tribal advisory committee too was opposed to this move,” Oraon told HT on Wednesday.

He said the government signed the ordinance the same day the cabinet decided to convene the assembly session from July 22. “But they didn’t place the ordinance in the assembly…this type of policy matters should ideally be placed and passed in the state assembly,” he said.

In a separate letter to the chief minister, Oraon advised him to respect the NCST and consult it on such policy issues concerning tribals.

The BJP government had earlier faced flak for enacting the Jharkhand Panchayati Raj Act that allegedly infringed upon tribal autonomy and customary land rights. It also came for criticism over a new domicile policy that grants citizenship to people living in the state for 30 years.