Scheduled Tribes and Tribal Legislation in Madhya Pradesh

Transcription

1 Cochin University Law Review Vol. IX, 1985 p a Scheduled Tribes and Tribal Legislation in Madhya Pradesh G. P. TRIPATHO The Scheduled Areas I of Madhya Pradesh may roughly be classified into four zones; on the basis of physical features, social structures and economic needs. They are: Southern zone: Comprising of Bastar, Raipur and Durg Districts. Eastern zone: - Comprising of Surguja, Raigarh and Bilaspur. Central zone: Comprising of Betul, Chhindwara, Shandol, Balaghat, Mandla and Seoni Districts. Western zone: Comprising of Dhar, Jhabua, Khargone and Ratlam Districts. As many as thirteen districts of the State have been declared to be Scheduled Areas. Besides the tribal population in the 4: LL.M., Ph.D. (Allahabad); Dean, Professor and Head, Faculty of Law, Doctor HariSingh Gour Viswa Vidyalaya, Saugar. 1. For the purpose of areas inhabited by tribal people the Constitution of India makes certain special provisions. The areas are described as scheduled areas and tribal areas. Under Article 244, the provisions of 5th Schedule shall apply to the administration and control of the scheduled areas and scheduled tribes in any State other than the States of Assam, Meghalaya and Tripura and the Union Territory of Mizoram whereas the provisions of the 6th Schedule shall apply to the administration of the Tribal Areas in the States of Assam, Meghalaya and Tripura and the Union Territory of Mizoram.

2 106 COCHIN UNIVERSITY LAW REVIEW above mentioned areas, the tribals are spread almost throughout the State. SOUTHERN TRIBAL ZONE Almost whole of the Bastar district and Balod and Bindranwagarh tehsils of Durg and Raipur districts are inhabited by two main tribes of this zone, i.e., Gonds and Halbas. Besides these two, Kawars, Bhattras, Binjhwars, Sawars and Kamars are other notable tribes living in southern zone. EASTERN TRIBAL ZONE This zone includes the whole district of Sarguja, and Dhanamjaigarh, Gharghoda and Jashpur tehsil of Raigarh district and katghora and Bilaspur tehsils of Bilaspur district. Gonds, Oraon and Kanwars are the three important tribes of Eastern Zone. Besides, Nagesia, Bharia, Korwa, Khairwar, Majhwar, Binjhwar, Dhanwar, Kharia, Bhaina, and Baiga are other notable tribes of this zone. Sarguja and Raigarh districts are the areas where Oraon tribe is predominant. These are also known as Kurukh, Kuda, Bhangad, Dhanka and Kisan etc. CENTRAL TRIBAL ZONE This zone includes six districts; namely Shandol, Mandla, Balaghat (Baihar tehsil), Seoni (Lakhanadon tehsil), Chhindwara (Chhindwara and Amarwara tehsils) and Betul (Betul and Bhainsdehi tehsils). The Gond tribe is quite notable tribe of this zone. The Baiga tribe which is another important tribe of this zone is concentrated mainly in the districts of Mandla, Shandol, Sidhi, Balaghat, Bilaspur and Surguja. WESTERN TRIBAL ZONE The Western Zone includes Jhabua, Dhar (Sardarpur, Dhar, Kukshi and Manawar tehsils), West Nimar (Maheshwar, Raj-

3 G. P. TRIPATHI 107 pur, Barwani, Sendhva, Khargone and Bhikangaon tehsils) and Ratlam district (Sailana tehsil). This zone is the land of the Bhils who are the second most important tribe of the State of Madhya Pradesh.2 Bhilala is another tribal group which occupies highest position in the social hierarchy among the tribes of this zone. They consider themselves superior to the Bhils and are so treated by the latter. PROBLEM OF EDUCATION In the sphere of education, in spite of the largest number of educational institutions in their areas, the Bhils of the Western Zone are amongst the most backward tribes. Crushing poverty forces them to employ their children for supplementing their income. But education has made good progress amongst the Gonds and Pardhans of the Central Zone, Oraon and Kanwars of the Eastern Zone and Halbas Kanwars of the Southern Zone. The Gonds of Central and Eastern Tribal Zones are educationally more advanced as compared to other tribes but their overall educational level is poor because of lack of spread of education among some of their sub-tribes like Abujhmarias, Bison-horn marias and Dorlas. The economic condition of Pardhans, Halbas and Kanwars is comparatively better. They have good percentage of literacy. The tribes among whom progress in education is the least are; the Sahariyas, Bhumia, Bharia, Paliha, Kamar, Korku, Korwa, Kol, Baiga and Bhils. The State of Madhya Pradesh has taken steps for the preparation of text books in tribal languages. The first and second standard text books in all the six major tribal languages are available now. 2. On national level, they rank third in population after Gonds and Santhals.

4 108 COCHIN UNIVERSITY LAW REVIEW All tribal children in primary schools are provided with text books and other facilities for study free of cost. Milk and porridge are also distributed. No tuition fee is charged from tribal students in Government educational institutions and fee paid in non-government institution is reimbursed. Tribal students whether regular or private are exempted from payment of fee for appearing at the Higher Secondary and University Examinations. Residential hostels separately for boys and girls have been constructed. 15% seats in educational institutions are reserved to students belonging to Scheduled Tribes. The minimum qualifying mark for students of Scheduled Tribe is 5% less than prescribed for general candidates. PROBLEMS CONCERNING LAND AND WELFARE LEGISLATION Ownership of land not only improves the economic condition of a person but also raises his social status. According to available information, there are about 17.4 million hectares of cultivable waste land and about one million hectares of the land have been declared surplus in the country. This needs to be distributed at the earliest amongst landless people. The State of Madhya Pradesh has already passed welfare legislation for securing protection to the interests of Scheduled Tribes in land and forests. The Scheduled Tribes have been given third priority for the allotment of the Government land among the landless people. The freedom fighters and the army personnel are the only ones placed above them. The land is allotted free of premium. In the first instance the land is allotted for five years and if during that period, the allottee brings 75% of the area under cultivation, title is given. MADHYA PRADESH LAND REVENUE CODE 1959 The Madhya Pradesh Land Revenue Code 1959 lays down two important safeguards that go to protect the interests of Scheduled Tries in the land held by them ;3 3. M. P. Act No. 20 of 1959, S. 165(b).

5 G. P. TRIPATHI 109 In Scheduled Tribe areas, no land held by a person belonging to Scheduled Tribe can be sold or otherwise transferred to any person who does not belong to Scheduled Tribe. Such a transfer is void whatever may be the consideration; cash or arising out of some loan or otherwise. In areas other than Scheduled Areas, similar protection is extended to persons belonging to Scheduled Tribe. No transfer whatsoever can be made to a non-tribal purchaser by a member of Scheduled Tribe except with the permission of the Collector. The Collector shall have to see that no permission is given if the purchaser is not the resident of the Scheduled Areas or if the transfer is injurious to the social, cultural or economic interests of the Scheduled Tribes. The Madhya Pradesh Land Revenue Code Amendment Acts of 1980 and 1982 lay down provisions for setting aside sales or other transfers made by any person belonging to Scheduled Tribe to person outside the Scheduled Tribe. 4 Limitation does not apply to such cases. The Sub-Divisional Officer can suo motu or on application of a member of a Scheduled Tribe can set aside the transfer. It makes no difference whether such a transfer was by act of parties or by operation of law, i.e., by decree of the Court. Such transfers may be cancelled if the Sub-Divisional Officer is satisfied that these were somehow lacking in bonafides. After cancellation of the transfer the land shall be restored to the Scheduled Tribe transferor or his heirs as the case may be. Section 170 (Kha) deals with those cases when land belonging to aboriginal tribe has gone fraudulently to some other person. It has been laid down that if any land has ever been belonging to any Scheduled Tribe during 1959 to 1980 anybody holding such land shall have to intimate to the Sub-Divisional Officer as to how this land came in his possession. On being intimated, the Sub-Divisional Officer shall examine such cases on merit 4. Id., S. 170 K. inserted by the Amendment Act of 1980 (M.P. Act No. 15 of 1980).

6 110 COCHIN UNIVERSITY LAW REVIEW and if he is satisfied that some member of the Scheduled Tribe has been wrongfully and fraudulently dispossessed of his rightful claims, the Sub-Divisional Officer shall declare the transaction null and void and shall hand over the possession of the land to the Scheduled Tribe owner or his heir as the case may be. If any person fails to give intimation within two years after the amendment came in force (retrospective enforcement with effect from October 23, 1981), it shall be presumed that the land is being held by non-tribal owner without lawful authority, and the Sub-Divisional Officer shall pass orders accordingly conveying the land back to its tribal owner if alive or to his heirs. The Madhya Pradesh Nagariya Kshetro ke Bhoomihin V yakti (Pattadhrits Adhikaron Ka Pradan Kya Jana) Adhiniyam : is another progressive welfare legislation which deserves mention. This Act was passed to provide for the conferring of leasehold right on landless persons in respect of sites for dwelling houses in urban areas in the State of Madhya Pradesh. According to this Act, notwithstanding anything contained in any law for the time being in force, the land occupied by a landless person in any urban area on shall be deemed to have been settled in his favour on the said date. It is open to the authorised officer to either settle the land in actual occupation or any other land equal thereto or 50 square metres whichever is less. The interests so conferred are heritable but non-transferable. Most of the beneficiaries of this generous measure come from Scheduled Caste and Scheduled Tribes. The Code lays down that in all those cases where in provisions of Sections 165(6) or 170-Ka, apply, the burden shall remain on the person belonging to non-scheduled Tribe, to prove that transfer, to him is legally sound. 6 It also provides that in Act No. 15 of The Madhya Pradesh Land Revenue Code 1959, S. 257 Ka (1).

7 G. P. TRIPATHI 111 all those cases when either party belongs to Scheduled Tribe, an advocate can appear on behalf of either party only after written permission of that Revenue Officer or Revenue Court before whom the matter is pending.? The State of Madhya Pradesh has exempted members of Scheduled Caste and Scheduled Tribe from payment of any stamp fee on any plaint, affidavit or other document meant to be presented before any court or authority within the State. This has helped the members of these tribes. Thus access to the courts of law is now easy for members of Scheduled Tribes. TIMBER TREES IN LAND HOLDINGS Sections 179 and 180 of the Madhya Pradesh Land Revenue Code 1959 provide for rights to trees in holdings and restrictions on transfer of trees. Section 179 concedes a very valuable right to tribal people. It confers on the tribal member the right to own the trees standing on the land held by him. Section 180 provides that such trees can neither be transferred by the owner nor be attached or sold in execution of any decree of any Court whether civil or revenue. Madhya Pradesh Protection of Aboriginal Tribes (Interest in Trees) Act 1956, however, laid down that members of Scheduled Tribe can sell the timber after obtaining the permission of the Collector. Payment will have to be made in the presence of the Collector. INDEBTEDNESS AND DEBT RELIEF LEGISLATION Exploitation by money lenders and contractors is the basic problem of the tribal people. It has to be tackled effectively before the benefit of any development programmes can accrue 7. Id., S. 257 Ka (2).

8 1 12 COCHIN UNIVERSITY LAW REVIEW to the tribal. The State of Madhya Pradesh has sought to provide relief to tribals by enacting the following pieces of legislation in this regard: 1. M. P. Scheduled Tribes Debt Relief Regulations 1962 (Act No. 1 of 1962) It was a regulation passed by the Governor of Madhya Pradesh for Scheduled Areas. Its object was to provide relief to the tribal people living in Scheduled Areas against local money lenders. In exercise of the powers conferred by clause 3 of this Regulation, the State Government established the Debt Relief Courts defining their territorial jurisdiction. Sub-Divisional Officers were appointed to act as presiding officers in these courts. Twenty five Debt Relief Courts were thus established. 8 7, Madhya Pradesh Anusuchit Janjati Rin Sahayata Adhyadesh 1966 The Debt Relief Regulations of 1962, mentioned above, applied only to the Scheduled Areas. It did not apply to Scheduled Tribe people living in areas beyond Scheduled Areas. The Ordinance 20 of 1966 was promulgated to give debt reliefs to such people living beyond Scheduled Areas. The State Government has established 96 Debt Relief Courts in the State. Raipur division has 8 courts, Bilaspur division 9 courts, Jabalpur division 12 courts, REWA division 19 courts, Indore division 15 courts, Gwalior division 14 courts and Bhopal division 18 courts. One Debt Relief Court has been established at Gadarwara in Narsimhapur district. Referring to the allegation of Section 2(c) being violative of Article 14, the court held that the procedure and the forum as provided in Section 2(c) are not discriminatory. The procedure 8. These courts are situated at Balaghat, Jagdalpur, Dantewara, Bhaisdehi, Bilaspur, Katghore, Chhindwara, Amarwara, Balod, Dindori, Jashpur, Ramanujganj, Baikanthpur, Jhabua, Alirajpur, Thandla, Petalwad, Khargone, Barwani, Mandleshwar, Ratlam, Dhar, Sardarpur, Kukushi and Manawar.

9 G. P. TRIPATHI 113 is as fair as one under the Civil Procedure Code and none of the impugned Sections (4, 5, 6 and 7) is ultravires. Bhanwar Singh v. Hira La1 9 is the only decision that may be quoted as being unfortunate and less sympathetic. In this case, the question was whether Debt Relief Court was empowered to order re-delivery of a mortgaged property? The High Court of Madhya Pradesh held that it was not empowered. In fact these are not cases of judicial apathy but the thing was not properly stated. This has now been done by amending the relevant provisions in The amendment has been given retrospective effect nullifying the interpretation of the court in Bhanwar Singh type of cases. PRESENT TRIBAL POPULATION IN M.P. According to 1961 census, the State of Madhya Pradesh ranks first in tribal population. It is nearly 66 lakhs which constitute 20.63% of the total population of the State and 1.52% of the population of the country. In 1971, this was about 33% and in 1981 it has gone upto 37%. If one looks at the period between 1951 to 1961, it is convincing that the rate of growth in tribal population has been high. The increase in tribal population has been markedly high in Northern Zone ranging from 453% to 30.4% followed by Eastern Zone. In Southern and Central Zones the increase has been almost normal. No specific reason for higher growth rate in the tribal population can be mentioned. TRIBAL WELFARE AGENCIES IN THE STATE In addition to the welfare legislation, the State is helping the tribal people to come up and stand on their own through 1984 M.P.W.N. 89. The Madhya Pradesh Anusuchit Jail tatha Anusuchit Janjati Rin Sahayata (Sansodhan Tatha Vidhimanya Karan) Adhiniyam 1984.

10 114 COCHIN UNIVERSITY LAW REVIEW various welfare agencies which are playing significant role in tribal life. They are: The Madhya Pradesh State Tribal Co-operative Development Corporation This corporation was established in 1960 for arranging market for the agricultural and forest produce of the tribals and for procuring necessities of life for them at fair prices. Multipurpose Co-operative Societies have been organised at various levels and an integrated service of cash and grain, loans, repayment of loans in kind, purchase of produce and supply of domestic requirements are being taken care of by these socities. Tribal Development Blocks The State of Madhya Pradesh has established Tribal Development Blocks in tribal areas. The purpose of Tribal Development Block programme was to evolve a local mechanism for giving effect to various welfare schemes of the Government aimed at upliftment of the tribal people. The Block was intended to devise development schemes for a population of 25,000. But in practice, this unit has been found to be less useful. And its failure led to the establishment of what is now known as 'Area Development Approach'. This will facilitate the programmes of organisation of marketing, processing industries, soil conservation, communication, vocation and higher education and boring of wells etc. Scheduled Tribe, Scheduled Caste and Backward Classes Commission The Madhya Pradesh Anusuchit Jati, Anusuchit Janjati Tatha Pichhada Warg Ayog Adhiniyam 1983, (Act No. 31 of 1983), has provided for the establishement of Anusuchit Jati, Anusuchit Janjati and Pichhada Warg Ayog for the State. The Commission consists of five members. At least one member

11 G. P. TRIPATHI 115 each, from the Scheduled Caste, Scheduled Tribe and backward classes is to be chosen. The chairman shall be out of these five and would be appointed by the State Government. The term of each member cannot be varied to their disadvantage. The Commission acts as watch dog for the protection of the members of the Scheduled Caste, Scheduled Tribe and backward classes. The celebrated' 20 point programme announced by the late Prime Minister Mrs. Indira Gandhi contains certain significant aspects directly related to the welfare of the Scheduled Tribes. Rehabilitation of bonded labourer, accelerated programmes for the uplift of Scheduled Caste and Tribes allotment of housing sites to rural families and improving the environment of slums and house building schemes for the economically weaker sec tions, are directly concerned with socially and economically, downtrodden people of whom the principal constituents belong to Scheduled Castes and Scheduled Tribes. The State of Madhya Pradesh is probably the only State to have given legislative footho ldn to these programmes to be implemented through public agencies including local bodies at different levels. Need for Regional Planning Area development approach proceeds by accepting administrative units like districts, tehsils, etc. This is not appropriate for overall development. The real upliftment of the tribal region is possible only when the region as such is adopted as a unit for development and welfare schemes are planned and implemented accordingly. Tribal Research Institute - Bhopal The Tribal Research and Development Institute is working at Bhopal. It is providing training cum orientation courses for circle organisers, marketing -inspectors, managers of the cooperative societies and teachers at various levels upto higher 11. M.P. Act NO. 8 of 1983 and 6 of 1984,

12 116 COCHIN UNIVERSITY LAW REVIEW secondary. The institute publishes a bi-annual bulletin. It is strongly felt that this institute needs expansion and greater recognition. CONCLUSION The State of Madhya Pradesh has taken many steps for the welfare of the people belonging to Scheduled Tribes. The people belonging to Scheduled Tribes are yet to get off economically, socially or educationally despite the plethora of State and Central laws passed to improve their lot. The State is fully aware of the problems of these people and is trying hard to solve them. The State Judiciary is all alert with a clear commitment to help the State to see that the benefits of law reach the actual beneficiaries. In short, the State of Madhya Pradesh is fastly coming up as an exception to the deteriorating conditions all around in the context of tribal development.