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December21, 2004 - [India Thinkers Net]CHRO updates...part 2 >> |
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[1] From: "CHROkeralam" <chro1@rediffmail.com> Date: Tue Dec 21, 2004 9:43am Subject: Muthanga: Where victims remain victims New Indian Express, December 20, 2004, Monday Muthanga: Where victims remain victims THIRUVANANTHAPURAM: Muthanga has reduced itself to a bunch of litigations. The waves of enthusiasm generated by the Janu-led agitation before the Secretariat and the ray of hope that emerged on account of the agreement concluded with the Antony Government to rehabilitate the displaced tribal people together constituted moments of purposeful activism and meaningful politics in the State. Had the agreement been implemented by providing the tribal population the promised land and the basic amenities, it would have seen the merger of matured activism and responsible Governance. But that was not to be. But Muthanga did occur. Two equally unfortunate deaths in the incident divided the State and its people. Kerala went back to the days of confrontation, accusations and radical rhetoric. But nothing came off it other than blood and newspaper statements. Victims remained victims. They still remain so. But sanity does prevail. Sanity is that which realises the mistakes, that which tries for justice, both procedural (not strategical) and substantial (read, economic and political). The Government was quick to order enquiries. After the carnage, the National Human Rights Commission issued strong recommendation vide its order dated March 20, 2003 and as a result, the Government issued notification dated 23.4.2003 ordering a CBI enquiry into police atrocities. The Government vide another notification dated 17.5.2003 ordered the same CBI to investigate into the crimes already registered against tribal activists by the police. The second was a compulsion on the CBI, for the CBI was bound to act upon the reports of the Kerala Police, which had gone unchallenged. An agency which was supposed to prosecute the criminals cannot be expected to expose the circumstances that led to the crime, ie. the atrocities by the police. Thus there was deception again, in the human rights point of view and also in the legal point of view. Case after case. On the one hand, those seeking enquiries, compensation and departmental action against the guilty and on the other, cases alleging offences from mischief to murder. The evolution from the times of Janu??s Secretariat struggle and former CM??s readiness to implement the rehabilitation schemes, to the present-day litigative phase, poses simple but fundamental questions. What about the land for the tribal people? Why has land been not assigned to them so far? Why do promises remain mere promises? What stands in the way of assigning the land by enacting a legislation? Is that not the legitimate way to mitigate the embarrassment caused by what had happened? Independent of and irrespective of all that have occurred, the assigning of land and proper rehabilitation of the aboriginal people in the State remain a contractual, statutory and constitutional obligation of the Government. In the resolution dated 16.10.2001 that ended Janu??s non-violent struggle, there were altogether eight decisions. These include: (1) allotment of five acres of land to each Adivasi family in project areas like Sugandhagiri, Pukkod, and allotment of one acre in other places together with employment-generation programmes (2) Implementation of the tribal land assignment regulations subject to the final judgment of the apex court (3) Persuasion of the Centre to include the lands already occupied and proposed for assignment in the 5th Schedule, (inclusion in 5th Schedule of the Constitution would prohibit transfers of land between tribals and outsiders (4) Preparation and implementation of a master plan for overall development of the tribal populace with their involvement. Thus assignment of land and proper supportive legislation was the primary promise. It has not been fulfilled. It has even been forgotten. Independent of the above contract, the provisions of the Panchayat (extension to the scheduled areas) Act 1996 read with the Supreme Court??s in a seminal judgment in the Samatha Case (1997), create a legal, moral and political obligation on the part of the Government to implement its resolution of 16.10.2001. In ???Samatha??, the apex court held that ??????the tribals have a fundamental right to social and economic empowerment....(Democracy offered to them, through the state??s regulated power of good Government, lands in scheduled areas preserved for socio-economic empowerment of the tribals.???? Article 244 of the Constitution underlines the significance of the 5th Schedule. The resolution dated 16.10.2001 therefore is an extension of the constitutional safeguards rewritten in the form of an agreement. http://www.newindpress.com/NewsItems.asp?ID=IER20041220014206&Page=R&Title=Kerala&Topic=0& ----------------------------------------------------- [2] New Indian Express, December 20, 2004, Monday Virgin Kerala forest land up for sale KOCHI: A real estate hoax or yet another clandestine move to plunder Kerala??s greenery? A small advertisement that appeared in upcountry newspapers inviting prospective buyers for 1,100 acres of pristine forest land in Kerala has thrown up more questions than answers. Coupled with the heavy confidentiality clause added to the whole proposal, the offer from Chennai-based Ace International Realty is shrouded in mystery. And the manner in which sales officers at its Chennai office handles ??????prospective buyers????, adds to the suspicion. ??????We can??t give you the exact location. It??s a hassle-free deal. This is a rich landscape ideal for tourism business. It??s in Malappuram district,???? is the standard first response. Nothing more can be found on the website either. The carefully worded advertisement also leaves no trace of the exact location. ??????More than 1,000 acres of forest land in Malappuram with all its trees, springs and animals. For Rs 50 crore. Pattayam awarded by the Government of Kerala..???? goes the ad-line. When this website's newspaper contacted Ace International a second time, the salesman said: ??????It??s like an African forest. The State Government has given the pattayam of the forest to our company. The price is negotiable,???? he said while refusing to give a route map of the area. ??????You can??t reach there by road. We will take you by a helicopter. But you please provide us with your personal details,???? he demands even while refusing to part with details of the present ownership of the forest patch. According to him, the land is full of valuable trees, springs and animals which include elephants, tigers and panthers. ??????But you shouldn??t harm the animals or fell trees.???? The advertisement says that the area is ideal for constructing resorts to promote tourism. A similar project started at Kabani, Karnataka, on a 200-acre forest land was successful. Now the resorts at Kabani are charging $200 to $250 for a one-night stay. The advertiser also offered to get the cottages here constructed by a European company, which according to them was safer considering the threat from animals to cottages and human life during the construction phase. But sources in the Kerala Forest Department say that they have no clue about such a large chunk of land for sale within their jurisdiction. ??????No one can obtain the pattayam for 1,000 acres at one go. We don??t know what they??re talking about. We will look into it,???? sources said. According to sources, the land could be somewhere in Nilamboor, adjacent to the Silent Valley. Forest officials, however, smell a rat in the whole deal. ??????No one can sell such a huge tract of land that easily. It, perhaps, is a real estate hoax.???? http://www.newindpress.com/NewsItems.asp?ID=IER20041220003600&Page=R&Title=Kerala&Topic=0 ------------------------------ [3] Report on forest land sale: DFO, Collector 'clueless' New Indian Express, December 21, 2004, Tuesday Report on forest land sale: DFO, Collector 'clueless' MALAPPURAM: The Malappuram District Collector M. Sivasankar has denied having any information regarding the sale of forest land as reported in this website??s newspaper on Monday. He said it was yet to be known if a big stretch of land measuring around 1,000 acres exists under a single ownership in the district, which was not in the category of vested forest. This website??s newspaperhad reported on Monday that Chennai-based Ace International Realty had advertised in some newspapers that the forest-land measuring around 1000 acres in the district was up for sale. ???Even if such a property exists, no transaction would legally enable the owner to make any construction on it. If somebody is foolish enough to buy the property, he can buy it, that??s all,??? he said. He also added that a meeting of revenue officers has been called for December 23. ???We will verify it and sort out the issue immediately,??? he said. When contacted, Nilambur North DFO P. Pukazhenthi said that the District Collector would be sought to intervene in the deal in case the property advertised for sale was the 1,163 acres of forest land owned by the Nilambur Kovilakam, which was ecologically fragile and comes under the Nilgiri Biosphere. http://www.newindpress.com/NewsItems.asp?ID=IER20041221010925&Page=R&Title=Kerala&Topic=0& ----------------------------------------------------------------------- Confederation of Human Rights Organizations (CHRO) 3, Rams' Cottage Ambalathumukku Pettah Thiruvananthapuram-695024 Kerala South India Ph.: 0471-2476262 www.humanrightsindia.com www.humanrightskerala.com |
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| << December21, 2004 - [India Thinkers Net]Plight of blue-collar workers |
December21, 2004 - [India Thinkers Net]CHRO updates...part 2 >> |
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