SIX MONTHLY REPORT – AUGUST 02 TO JANUARY 03.
I. INTRODUCTION:
The Recommendations made to LAHRC by the evaluation team of Federal Ministry for Economic Cooperation and Development, Bonn, Germany (November 2000) for the first phase are as below:
The Legal Aid and Awareness Programme
A specific strategy should be developed to enhance the sustainability. This concept should also describe which kind of service can not be financially sustainable because the marginalized groups will not be able to cover all the costs” (page 65).
This Report deals with the efforts made by us to put into practice the above recommendations.
1. STAFF METTING – December 1st to 4th
A four-day staff meeting was organized at Surat. The facilitator was Fr. JM Heredero SJ who is the founder of BSC (Behavioural Science Centre), Ahmedabad and the present Rector of Xavier’s Hostel, Surat. The aim was to take stock of things and to motivate us to take up the relevant task based on the needs of the people.
1st Day: After a brief Self-introduction, we went to express our Expectations of the meeting. Then we went in to find the STRENGTHS of the group. Once we found the strengths of the group, we acknowledged them and owned them up. Then we moved on to find the WEAKNESSES of the group.
At the end of the session on the strengths of the group a question to the participants: How do you feel looking at these good qualities/ strengths of this group?
Then the facilitator analysed the positive aspects and urged the group to BECOME CONSCIOUSLY CONSCIOUS of these qualities.
These strengths give this group its identity as they answer fundamental questions like: What do we want to do in life? What is dear to us in life? And what do we value in life?
This also gives an idea of the goals and dreams of LAHRC, which helps to give a clear direction to the group.
The mere fact that we appreciate and own the strengths does not mean there are no weaknesses, negative sides. Keeping in mind the strengths and weaknesses, we need to lead an impartial, balanced life.
How should we deal with our weaknesses?
NB:
The one who does not want to work will oppose those who work. Because looking at others working, he also has to work. So those who oppose you do not oppose you but your work. Do not take the opposition personally. The fact that the way a person speaks is not correct does not mean that the person who speaks is wrong. The fault you find may be true and yet faultfinding may be wrong.
Questions for group discussion: (introspection)
There are two types of needs: individual needs and institutional needs. When you work, whose needs do you have in mind?
Lack of awareness among the people, work was easy and good, concentrating mostly on legal awareness and disseminating information on Government welfare projects and helping people to benefit from them, the number of staff was small, there was a lot of enthusiasm, optimism, dedication, feelings of family atmosphere, people were responding faster, quick results were seen, distribution of responsibilities and a will to do!
# As the needs and demands of the people have increased, we have taken too many activities with a few staff members for so many villages in such vast areas. So paying attention to the needs of each and everyone becomes very difficult.
# The problems, issues, needs and the demands of the people have increased. Most of the people expect and demand only economic benefits.
# The work of forming people’s organization and making people understand the need of local leadership and taking active participation in their own developments looked rather easy and fast in the beginning. But as we are progressing ahead it looks to be very difficult.
# People expect someone else to do things for them since it has been the style so far. The idea of social awareness and taking up leadership to solve their own problems does not enthuse them much. People show less interest in having their own organization, which they have to administer and support economically. This has considerably brought down the level of cooperation of the people.
# Contributing money to run their own organization and the idea of they themselves running their organization seems to be a difficult idea to digest. They seem to expect everything to be done for them.
# Due to a high volatile communal situation, there is a lot of suspicion in the minds of the people with regard to the People’s Organisation. The vested interests, politicians and some bureaucrats along with communal elements enjoy giving religious labels to the POs. This serves their purpose very well.
# Since most of the NGOs and religious organisations are involved in a lot of economic activities, the people want the POs too to do only such activities. This is where the aims and objectives of the LAHRC, the POs and other NGOs differ very much. This creates a lot of confusion in the minds of the people.
# The politicians for their own ends give a lot of promises to the people which makes people think that they need not work and everything will be done for them. So when someone talks of local leadership and taking up responsibilities to develop themselves appears very contradictory to the idioms of the politicians and so people’s participation is very little.
# The availability of many free government welfare schemes and the subsidy schemes available in a way seems to make the people lazy (inactive), lethargic and the government system corrupt. This seems to make the people too dependent on others be they politicians, NGOs or bureaucrats. Thus people do not seem to feel the need of being self-reliant, hard working, bringing out the best within themselves and making an effort to live a self-dignified life!
# People are mostly interested in short-term economic developments.
# The idea of tribal identity, unity, and dignity and integral development is not digested well due to the poor economic conditions of the people.
# There is also a lot of opposition from politicians and vested interests who would like to keep the people under their thump.
# Compared to earlier times, the cooperation and support we received from the bureaucrats is less due to certain pressures and compulsions.
# Initially people joined the POs with the hope that they will get some economic aid. But now they are rather slow in joining, as the awareness work is very appealing to them. They think it is not useful to them, as they do not get immediate economic benefits.
# People are very interested in getting personal favours/ projects. They do not show much interest in community welfares or the projects, which benefit a large number of people.
# People are too scared to raise their voices against any oppression, injustice or atrocity for the fear of being intimidated by vested interests or politicians or bureaucrats. Thus they are still at the stage where they are not able to challenge those opposed to their interests and also to take up challenges that come on their way.
# Those who have benefited from our various trainings specially the paralegals and the tribal lawyers have not really shown interest to help the needy ones. Their poor economic background does not encourage them to spend time in helping out others freely.
The above reasons have contributed to the lack of enthusiasm, dedication of the field staff and slow progress in our work. What we thought we would achieve within a couple of years seem to be a very long process. When we planned to start the POs, honestly we did not expect so many hurdles on our way!
But these difficulties do not deter our spirit. We consider all these as challenges, which help us to be vigilant and to work creatively, systematically with enthusiasm and hope. We are sure of success!
First of all, we need to motivate ourselves again and again to face the challenges and also need to motivate the POs. Along with that we need to do the following:
a) Take up public interest litigation (PIL) cases, which affect a large number of people: issues like
1) lack of basic amenities in the areas,
2) forest related cases be they harassment or encroachment,
3) land related cases on the name of ‘public interests’,
b) tribal awakening in the areas of identity, unity, culture, dignity, preservation of natural resources and control over them,
c) career oriented education and filling up of back logs in services based on the reservation policies of the State as well as the central governments,
d) creating awareness with regard to environment, village forest, tree plantation,
e) active participation in the village assemblies (gram sabhas) for the development of the villages,
f) concentrate on activities like watershed programmes, saving schemes and removing indebtedness, grain banks,
g) net working with other like minded NGOs for programmes which benefit our people,
h) POs taking up certain welfare schemes of the Governments and enabling the needy ones to benefit,
i) activating the idea of ‘pressure groups’ and making the people experience their real power in day today life,
j) encouraging parents to send their children to school,
k) through different means make the people aware of the usefulness of the POs and encourage them to become life members, door to door contact programmes to get the youth, women, elders and the educated both the working and the retired take active part in the activities of the POs,
l) get the unorganised workers specially the quarry and the sugarcane cutters organized to fight for their rights,
m) go in for three tier training programmes:
i) at the village or hamlet level,
ii) at zonal or taluka level and
iii) at the District level, in order to come to know the needs of the people and to plan out things based on their needs keeping in mind the aims and objectives of the POs and the LAHRC,
o) train some people especially to conduct trainings and cultural programmes at various levels,
p) print more materials (handbills, bags, stickers, calendars, posters, key chains) with useful and challenging messages and try to sell them to make money for the POs,
q) conduct exposure trips for the POs to similar organizations. But the irony is that it is not very easy to find any organization, which tries to make it financially self-sufficient by collecting money from its members,
r) have some common programmes at the district level where all the PO members could come together,
s) entrust to the governing bodies the administering of the POs that are ready, willing, prepared and want to go ahead with the aims of the POs.
In collaboration with the ADIVASI SARVANGI VIKAS SANGHs of seven talukas, this year too the Legal Aid and Human Rights Centre prepared the calendar. This is has been presented in a very novel way. The tribal population of India is 8% and of Gujarat is 15%. They are caught up with the problems like oppression, atrocities, injustices, pollution, and alienation of land and loss of control over their natural resources like water, forest, land, and minerals. They are deprived of their various rights even today. This calendar has been prepared with the objective of bringing awareness among the marginalized people by providing proper and useful information to them which would make them feel the need of getting organized to get their rights and also to work for the development of the tribal society as well as the identity of Adivasis and also work to preserve their culture and safe guard their dignity as Adivasis and as human beings.
Objectives of the calendar:
In an Appendix we give the contents of the calendar
Gujarat Mitra, a Surat based Gujarati language daily had carried an article by Shri Hemant Kumar Shah on 29th December 2002. He calls it “This is a successful venture in civic education”. He adds, “......it is a very praise worthy work. It is not just a calendar but also a lamp to set the Adivasis in the road of development. This effort has been created to succeed!”
Shri Varghese Paul has written about it in Sar News on 3-1-03. This is a South Asian newsletter. Many other Gujarati weekly and monthly magazines had also brought out short articles about the calendar.
This year we printed 35,000 copies. The cost of one was Rs.10/-. All are already sold out. Though each calendar cost us more than Rs.12/- we subsidized it in order to keep it at an affordable price for the people. Besides, there had been over 30 to 40 different types of calendars in the markets. Most of them were distributed freely. Our calendars have been sold all over Gujarat. We still receive phone calls and letters requesting us to send calendars. This calendar has been very much appreciated by the public including the non-Adivasis. Many in the government departments have shown a great appreciation to this calendar. Through this calendar, we have been successfully able to spread the message of JAI ADIVASI.
Seeing the popularity of this calendar, some organizations working for the OBCs (other backward castes) and the dalits have requested us to print similar ones for spreading the cause of the dalits and the OBCs that is for the cause of the MOOLNIVASI (original inhabitants, in another sense the indigenous people).
3.Celebrations:
From August to January, we have had three major events.
a. On the 9th of August, we celebrated INTERNATIONAL INDIGENOUS PEOPLE’s DAY. The day was celebrated in different ways at different centres according to the convenience of the people. The objective of this celebration was to make the Adivasis and the non-Adivasis aware that ‘Indigenous peoples’ who are known as Adivasis (Tribal), in our areas and in our government circles are the original inhabitants of this country. Their lives and cultures are very closely connected with nature and natural resources like land, water, and forest. Our effort has been to respect their culture and allow them a degree of autonomy according to the ‘Tribal Self-rule Law’.
On the 9th of August a memorandum was submitted in seven talukas to the Mamlatdar who is the head of the taluka. The memorandum had four points: (1) The 9th August should be declared a public holiday because this is the only day specially meant for the Adivasis, (2) Tribal self-rule law should be implemented immediately, (3) The areas, which have received not sufficient rain should be declared ‘drought hit areas’ and relief work should be started immediately, (4) government should provide basic amenities like water, electricity, health services, roads, transportations and good education to the Adivasi areas whether inhabited by Adivasis or non-Adivasis.
All around people went about proudly and happily saying, “Jai Adivasi”. Though it was a rainy day, people had gathered in big numbers for the celebration. Some vernacular papers had carried this news item.
b. International Human Rights Day - 10th of December: Our people planned to celebrate this day to make the government aware of the violations of Fundamental Rights. But the celebration could not be held because the election code of conduct had been enforced due to the Assembly elections. So the POs just submitted memorandum to the concerned authorities.
c. Republic Day - 26th of January: On this day in 1950 the Constitution of India was promulgated and India became a Republic. In all the villages the children and adults gather in the early morning to hoist the flag. Normally the elected member of the village hoists the flag, there are speeches and the participants sing the National Anthem. Sweets are distributed at the end. It is also a day fixed for holding gram sabha. As of now, holding Gram sabha on this day seems to be a joke!
This year our PO members and our local field staff took the initiative to arrange
things in their own villages.
4. Training:
Lack of social awareness and self-confidence stunts the growth of our tribal society. Outsiders look down on it as undeveloped, backward, ignorant etc. There is need to have awareness raising programmes to help the tribal society to become a developed, self-dignified, self-sufficient society, proud of its identity and eager to preserve its culture and natural resources. So in our training we concentrate on social analysis and building self-confidence.
Trainings for the members of the POs at four levels:
At the grass-root (village) level: Our field staff, with the help of village representatives, imparts training regularly at the village level. We start the training by visiting the village. When people gather, their day-to-day problems are discussed and an action plan is drawn to solve the problem. Around such issues, discussions are held and people are made to be aware of the causes of the problems. People have to decide what they would like to do about this particular problem. They are encouraged to take up the leadership and responsibilities for the same. The field staff supports them. Under normal circumstances, one staff member attends these meetings. On special occasions, the entire taluka staff conducts such meetings. Sometimes someone from Surat centre also joins them.
Zonal level: We some times organise meetings/training for a few close by villages. There is a reason for these inter-village meetings: all of them are facing the same problem and joint action is needed to solve it. Some examples:
1. About 20 villages south of Vyara needed better roads. So initially discussions were held in all the villages of the area. Then common meetings were held. At the end of such meetings people decided to conduct ‘Road blockade’ in the entire area on the 1st of August. A lot of people had gathered to show their solidarity. The Government officials came to meet the people and promised to look into the matter.
2. In the month of October, the Central government, quoting an interim judgment by the Supreme Court of India, New Delhi, planned to evacuate the people who had encroached the forestland after 1980. A lot of NGOs came together to oppose this and to register people’s protest. In connection with this, many meetings were held at different zones of various talukas. Resolutions were passed both at the village in gram sabhas and also at zonal levels and sent to an NGO at Delhi to do the needful.
3. At Karanjkhed village of Vyara taluka, on 23rd of October one zonal public meeting was held and another one at Vadpada on 24th. A lot of people attended. At the end of these two meetings, memorandums were sent to the Governor of Gujarat, the Collector, Deputy Collector, Mamlatdar, Inspector General of Forest and to Indian People’s Tribunal, New Delhi.
Taluka level: Normally the meetings of the representatives of the POs and the meetings of the Executive Committees are held at the taluka level regularly. Besides this, some important meetings/trainings are held at taluka level based on the needs.
Surat level: At Surat, for selected members of the POs from the seven talukas, regular trainings are held. One great advantage of such trainings is that members from all the POs get a chance to meet and discuss things. This helps to clarify a lot of things and instil the feeling of ‘one root, one tree, and one family’ and to motivate them towards doing something worthwhile for the Adivasi society. At least two such trainings have been held every month.
We could have conducted some more training. But due to communal tensions in other parts of Gujarat and Assembly elections, we could not do much.
NB: The POs have spread to 373 villages so far. There are 19,300 members.
Trainings for the field staff:
Monthly meetings/training at Surat: Every month a two-and-half day meeting/training is held for the field staff. They share their experiences, success and failures, their difficulties and confusions and their plans for their area. They also express what support and help they need and expect from one another. The group deliberates and decides on the course action to function more effectively and efficiently.
Besides this, in August we had a special training from 26th to 31st of August. From 30th September to 3rd October In October, we had a ‘living together experience’ with their family members. It is important that all their family members understand the work and mission of the field staff.
We conducted another two training sessions from the 30th November evening to the morning of the 7th of December. The first (1st to 4th December) was to take stock of things. The second (5th and 6th) was on Tribal identity.
Every two months our accountant Sushri Lourdinben visits all the centres, checks the files, registers, accounts and guides the staff members as to the day-to-day management of the centres.
The field staff of each centre meet at the centre twice a month to plan, review, and update the files and registers that document their activities. They also have time to do some reading either on legal or social matters.
Trainings for other NGOs:
One of our activities has been to support other groups, sharing with them our expertise. The LAHRC team has helped the following groups.
1. South Gujarat Mahila (women’s) Association: For the last two years 15 groups of women come together to receive training from us. They may soon form an association. They would like us to be their trainer and consultants. These 15 groups are from various tribal parts of South and Central Gujarat. Slowly five more groups are joining this group. Once in two months we conduct training for the women and once in three months we train the organizers of these women’s groups. As the fruit of such trainings, for the first time, these groups have decided to come together on 9th March to celebrate INTERNATIONAL WOMEN’s DAY at a place called Dadwada.
2. Training for Bhiloda Group: From the 22nd pm to the 25th September, Shri Gemjibhai and J. Stanny conducted a training for 35 women of Asha Niketan Women’s group at Bhiloda on Tribal identity, culture and Panchayati Raj and the role of women.
3. Training for Sarpanches (chair persons of village panchayat) held from the 19th to the 21st of September: The sarpanches had requested us to explain to them the working of a panchayat, as well as government’s welfare schemes that could benefit their people. 25 sarpanches both men and women had come to Surat for the training. Some government officials also came to address them. Quite a few of very active after this training. We are planning to have more such ones and also follow up ones since there is a demand.
4. A training camp was held for old paralegals from the16th to the 19th of September at Surat: Around 55 old paralegals both men and women took part in this training. The purpose was to be together, to know what they are doing and to help them out in their difficulties. From the feedback of the participants we realised how helpful such training is.
5. Training for Umarpada group: From 26th am to 29th September, around 45 women from a women’s group belonging to Umarpada came here for training on tribal identity, panchayati raj and the role of women. Shri Amrutbhai and Shri Gemjibhai conducted it.
6. Training for a few NGOs at Udaipur, Rajasthan from 24th to 26th October: Training was held for a few NGOs at Udaipur. Shri Amrutbhai was sent on behalf of the LAHRC as one of the resource persons for the same.
Stanny was invited by the trainers of youth groups working in South Gujarat to share with them about the Constitutional Rights of the Tribals on 15th October at Valsad.
On 14th November, he was invited by BSC organization (NGO), Ahmedabad to speak to their Diploma students on the Constitutional Rights of the Tribals, on the one hand, and their present condition, on the other.
On 5th and 6th of January, he was invited by the organizers of an NGO working specially among the tribal women in Gunetha, Narmada District for a two-day reflection and planning.
7. During the month of October and November Shri Gemjibhai was invited to conduct a weeklong camp for two youth groups at Zankhvav and Umarpada on tribal identity and tribal history. He also conducted two three-day legal training sessions for 25 women from our Surat slums – one in October another at the end of January. Both were held at Valsad.
8. On 23rd of January, ASAG organization, which is one of our networking partners, conducted a one-day training at Surat for seven women sarpanches from our areas. ASAG has come forward to support these seven sarpanches financially for a year.
NB: We receive a lot of requests from NGOs around to conduct various legal and social trainings. Some times we take up- even our field staff takes up such trainings. But often we are unable to respond to all the requests due to our own works.
NEW PARALEGAL TRAINING:
A new six month paralegal training was started on 18th November. Around 65 men and women are taking part in it. Out of them ten are first year law students. Some participants are graduates.
One noteworthy feature of this training: Some like-minded NGOs had requested us to help them out in training legal workers. So we thought of extending this training to people from other areas also. The details are here below: Six are from Valsad District belonging to a local NGO working in Umergoan taluka. Four are from Banaskantha District belonging to two local NGOs working at Dantha and Palanpur area. Two are from Godhra District belonging to a local NGO working in the rural areas. Two belong to an NGO working in Valod taluka of Surat District. Two belong to an NGO working in Surat District. Two belong to a women’s organization working in Umarpada area. The rest are from our seven centres ( Nizar, Uchchal, songadh, Vyara, Mandvi, Mangrol-Zankhvav and Umarpada) chosen and sent by the representatives of the POs. This is something new we are trying out.
Dr. Vidhyut Joshi, Director of Centre for Social Studies, Surat, inaugurated the training. He lit the lamp together with some trainees and LAHRC staff. Then Dr. Vidhyut Joshi addressed the trainees stressing the need to study tribal history and have vigilance to preserve their tribal identity. The first part of the training was from the 18th to the 23rd of November. The second part took place from the16th to the 21st of December. Again, the training continued from the 4th to the 9th of January. On the 4th and on the 8th the Legal Education authorities from the District courts together with a few judges and lawyers addressed the trainees.
This training will come to an end on the 4th of May 2003.
TRIBAL LAWYERS:
Our tribal lawyers are busy practicing in their respective courts. Some get a good number of cases others less. This also depends on their ability to contact clients. Things are challenging for them. They are trying.
In Vyara court, in the Bar Association election, Adv. Sonalben was elected unopposed as Vice president, Adv. Kirtanben was elected unopposed as General secretary and Adv. Ribkaben was elected as Treasurer unopposed. In Mandvi court, Adv. Arvindbhai was elected as secretary in the contest. Congratulations!
Adv. Kasmiraben has passed the written test for the post of Government Pleader. She is waiting for the oral exam and then the appointment. Most of our advocates have applied for the post of Judges in the Junior Divisions. They are eagerly waiting for the competitive exams! They can count on our help.
The new lawyers, now that their stipend period is over, will have to make a greater effort to hunt for clients. Their predecessors have established themselves without LAHRC’s help.
NEW LAW STUDENTS
Some South Gujarat NGOs had requested us to prepare lawyers from their areas. LAHRC agreed and in June 2002, we selected 11 students from the list of candidates ready to join this scheme: 6 boys and 5 girls of whom one boy left us soon after joining leaving us with ten first year law students. All the expenses are met by the LAHRC.
Other NGOs have now requested us to train law students. So tentatively, we have decided to train two more batches up to a total of fifty in the coming years. Some NGOs that are in other parts of Gujarat have made a similar request. Their request is under consideration.
Training for the ELECTIONS:
A citizen has a right to vote and it is his/her holy duty to vote. By voting he/she exercises his/her right to elect the right candidate to serve his/her area, and of course the State. But many people were not very enthusiastic to vote. So we conducted voter’s awareness programmes for a long time and made them aware of their right and duty to vote responsibly. We also made sure that their names were registered in the voters’ list. The PO members also showed a lot of interest in this in spite of the resistance they sometimes had to face.
5. Gram sabhas (village assemblies) 12th to 26th January:
The Government announced dates for holding gram sabhas in the village panchayats. The taluka authorities contacted the LAHRC and requested our presence during these gram sabhas. So our field staff took a lot of interest visiting the villages on the eve of the gram sabha, holding meetings with the people in order to prepare them in such a way that they could take active part in it and help out in planning and execution of the village development programmes. In quite a few villages the members of the POs took active part. Some resolutions that were thrust upon the people which were not in their interest were very well opposed. The irony is that many Sarpanches (chairperson) and the talati (secretaries) do not like our intervention as this prevents them from manipulating the local government. Which elected member or a government representative likes to be questioned by Adivasi village folks?
6. Forest related issues:
a) Regularization of forest encroached land
A few years back, the Government of Gujarat passed an order saying that those who have ploughed continuously for three consecutive years before 25-8-1980 and who have documentary proof of the same will be given land. The government had asked the Forest Department and the Collector of each District to look in to the matter and to do the needful. This order passed in 1994 or thereabouts, was framed according to the guidelines given by the High Court of Gujarat, where hundreds of forest encroachment cases were pending. The LAHRC also had helped people to file a number of cases.
Unfortunately, barring a few cases, the Forest Department has not implemented this order. A lot of our people whose cases are not settled spend a lot of time from one office to another in vain. A number of cases have come to us. We are directing them to the concerned authorities. If justice is not done we shall have to ask the High Court for relief.
b) Displacement of the forest settlers (encroachers)
As if the previous difficulties were not enough, following orders from the Supreme Court of India, the Forest Departments all over India are now ready to evacuate all the encroachers of the forestland after 25-10-1980. They will carry out this order in collaboration with the revenue departments. Over 1.5 million tribal families subsisting on the forest for survival will be affected.
There is a ray of hope: local revenue authorities are to form a committee with the following members: Mamlatdar who is the chairperson, Taluka Development Officer, range Forest Officer and Police sub-inspector. They have to jointly identify the encroachers, discuss with them the rehabilitation package and then evacuate them. Even if the people refuse to move, they will be forced out. This could lead to a lot of violence and injustice. We are trying to deal with this matter in four ways:
1. Pass resolutions against such order and make representations right up to Delhi with the hope of getting some relief.
2. Talk to the local revenue authorities and offer our services in identifying the encroachers so that they could get justice with proper rehabilitation.
3. We have also organised meetings in the affected villages to help people seek justice, representing their case without fear.
4. We have sought the support of other NGOs in this matter.
c) Paying fine to the Forest Department
In Vyara area, 26 people complained to us that the forest Department has sent a notice to them asking them to pay a huge amount for the wood they cut many years ago. Two examples:
i) Kolgubhai Devalyabhai Kokniof Karangekhed village: The crime was registered in the record of the Forest Department in the year 1989-90 as 47/89-90. The details are: price of the article Rs.36, 000 + rebate Rs.00+sales tax Rs.2880 = Rs.38880/-. This notice has been signed on 16-9-2002 by the Range forest Officer of Unai.
ii) Babubhai Sukriyabhai of Haripura village: The notice has been signed by the
Round Forester of Pithadara on 24-9-2002. The crime was filed as 16/91-92. The details of the fine are: price of the article Rs.19412 + rebate Rs.2000 + sales tax Rs.1553 = Rs.22965/-.
On the one hand, the accusation refers to facts dated more than ten years ago while the prices quoted seem to be based on today’s market value, on the other these notices threaten people with dire consequences unless they pay the fine immediately, all of which looks very unjust. Add to it the fact that in all likelihood these same persons were forced to pay the fine without receiving any receipt for the same and one can understand the plight of these people. This is taking advantage of the ignorance and helplessness of the Adivasi people.
There are similar cases in other regions too. We are collecting data and asking the people to come forward to make protest applications to the concerned officials seeking natural justice. If this is done and they fail to achieve justice we shall have to seek redress in Higher Courts. We hope that good sense will prevail and an amicable settlement will take place soon!
Difficulties/ Oppositions
While going ahead in forming the POs, imparting legal knowledge, creating local leadership, addressing the injustices and representing the matters to the concerned authorities we face oppositions or criticisms mainly from four quarters:
a) The elected members of the village panchayats, taluka panchayats and district panchayats oppose and criticise us. In Uchchhal, our field staff were called by the elected members of the taluka panchayat and were threatened with dire consequences if they continued to complain to government about irregularities, corruption etc. The same thing happened at Mandvi and Mangrol.
b) Government officials do not like the fact that we teach people to write applications/complaints to the higher authorities. Indeed, they do not like to be questioned by ordinary people. In Umarpada and Nizar members of our staff were reprimanded for the same and were told to mind their own business.
c) Police authorities too do not like to be questioned or told to do things they are supposed to do. They hardly entertain complaints or applications – except for a consideration. In Uchchhal and Nizar ours were told to shut up or else to face the music!
d) Now in many areas vested interests, which are hit by our awareness programmes and the activities of the POs, try to oppose us by a campaign of slander and the use of threats.
III. Future plans
Taking into consideration, the immediate needs of the people, and over and above our stress on tribal identity, unity and self-dignity we would like to add the following things to our usual activities:
1. Watershed programme along with things like saving groups and grain banks
2. Making sure of basic amenities through government schemes
3. Supporting people in forest related problems
4. Strengthening the village panchayat system by supporting the elected members and activating the gram sabhas. In this context, along with ASAG organization of Ahmedabad we have planned five days of padyatra (tour on foot) in February in a few talukas.
5. More training in the villages with the help of cultural teams which we are planning to start.
6. Before federating these POs, have common activities that would foster the sense of Federation. This will make things easy in the future.
7. Extend our trainings and expertise to other like-minded NGOs too.
IV. Some sample cases:
Since we are busy with forming the POs, and the POs help in settling the disputes at various stages, we keep only one day in a month for out of court settlement in the presence of either the Director or the Legal Advisor from Surat. Here are a few sample cases:
A) Legal:
1. Land for Son-in-law (Gharjamayi): Bhilkiben of Medha village in Songadh taluka came to our Songadh centre on 9-9-02. She complained that her parents brought her husband to live in her house as gharjamayi. They had given her some land. But soon after her father’s death, the younger brother took away the land from her. So she had nothing to live by. Hearing her case, a letter was sent to her brother called Jogiyabhai Surjibhai Gamit of Nana Tarpada village. On 21-10-02, both the parties with their elders had come to the office. They discussed the matter peacefully. Her brother was made to understand the need of giving back the land to her. So an amicable settlement was reached between them in the presence of their elders and a settlement award was written on a stamp paper worth Rs.50/-. Shri Navalbhai of our Songadh centre went to the village, divided the land in the presence of the elders. Thus the matter was settled.
2. Criminal case: Certain Kalusing Sediya of Badda village in Alirajpur taluka of Madhya Pradesh came to Surat office and said that his brother and his younger sister aged 16 hears had come to Surat in search of work along with his villagers. After a month or so, his brother left Surat while his sister stayed back to work. Suddenly his sister and another girl aged 13 years were found missing on 17/10/02. So hearing this he had come to Surat to make a police complaint. He came to ask for guidance at our centre. First he complained to the police but in vain. Then after eight days, with the help of our legal advisor, he complained to the police at Surat once again. In eight days time, the police searched the girls and found them at Daman the neighbouring Union Territory. In November he came to our centre to give us this good news. Then he took his sister and her friend back to his home State.
B) Activities done by POs:
1. Electricty for Jhadpati village in Songadh: the transformer had been burnt more than six months ago. The villages reported to the Gujarat Electricity Board (GEB) to no avail. Through the initiative of the members of the PO, on September 16th the transformer was replaced and 23 people got new metres. The Tribal Sub plant subsidized this project.
2. Completion of Houses: Eleven people of Mandanpada village in Umarpada taluka, had received partial help for houses under a housing scheme called ‘Indira Awas’. The remaining money was not given to them so these eleven people. So through the PO, representations were made to the Taluka Development Officer. He gave to each one Rs.1400/- to complete the houses. This was done in October.
3. New Classroom for Sevlan village school: For a long time, the village in Umarpada taluka was trying to obtain one classroom for the village school. They did not succeed. Then the PO members took the initiative through the support of our Umarpada office. In November the construction work started.
4. Volleyball tournament for youth: At Karanjkhed village of Vyara during the
month of November after Diwali, a volleyball tournament was organized through the PO. Ten villages (teams) took part. The District Panchayat Chairman Shri Mavjibhai Chaudhry inaugurated the tournament and presented Rs.2000/- towards the expenses of the tournament.
5. Handing over of Vyra Administration to the Executive Committee of Vyara: Vyara is a PO that is quite active and interested in doing something worthwhile. We proposed to them the idea of taking up the administration of the PO. In view of that we had a three days training at Surat from 17th noon to 20th am of October. Around 40 had attended this training at Surat. Different topics were discussed during these days. Some of the important ones are: What do we want to do for our tribal society? What could we do? What are the needs of the tribal society and what could be done and how? Administration of the PO, making more members and making the PO relevant today. At the end of the third day, the Director of the LAHRC symbolically handed over the PO to the Executive members. This was very much appreciated by the members. Songadh and Nizar soon will follow suit.
6. Highlighting the problems of the people through press notes:
When we feel that we need to draw the attention of the higher authorities and the
elected members on certain issues, we use the media. We prepare press notes and get them published. When such things are published, there are various reactions: 1. Vested interests ask: who has got it published? Catch him and hammer him.
2. Some of the elected members do some running about to show that they are trying to solve the problem. Some government authorities also do the same.
3. The higher authorities question the lower authorities and call them to task.
However, sometimes nothing happens. Things go on the same way. 4. It may also happen that the concerned village is instigated, divided, and threatened so that in future they learn to keep quiet. Then the result is that people are disappointed and unwilling to support any collective action. Fortunately, this is not always the case:
In Sunderpur of Uchchhal, the milk cooperative was oppressing the
members. This was published. Immediately the concerned authorities took action. The same thing happened at Mohini village too.
In Umarpada taluka the teachers of pre-primary run by the government
were not paid for more than six months. It was published. The Taluka Development Officer took note of it and paid them their due.
V. CONCLUSION:
We do try. Some times we feel that nothing happens. People also feel the same. But we strongly believe in the collective strength of the people. We strongly believe that soon our efforts will bear fruit and the Adivasi society will stand up to save its identity, unity, resources and culture! JAI ADIVASI!
JAI ADIVASI
Place: Surat J. Stanny
Date: 15.2.03. Director.
Appendix 1. Jai Adivasi Calendar.
First Page:
Objectives of the calendar:
The following information is available in the calendar:
Symbol of left leg:
It is the symbol given by UN on the occasion of various Indigenous groups meeting for the first time at Geneva in 1977.
The importance of slogan “JAI ADIVASI”:
In 1998 Adivasi leaders from various talukas of Surat met at the LAHRC to chart out the future programme for the Peoples’ Organizations (POs) called ADIVASI SARVANGI VIKAS SANGH. The leaders chose this slogan, which symbolises their identity and dignity. Slowly this slogan is becoming popular among the Adivasis. Even the political parties with various allegiances have started using this slogan to attract the Adivasis.
The Adivasi Flag:
The leaders of the POs decided to have a flag for the POs in order to maintain their own identity. It should be the expression of the tribal culture, identity, their life that is very close to nature and their peace loving nature. The flag has two colours: white and green – white one top and green at the bottom. The flag also is a symbol of unity, peace, fraternity. The flag invites the Adivasis to preserve the nature and to fight against all the oppressive and divisive forces. It also is a symbol of challenge to those Adivasis who are ashamed of being called Adivasis and also to those who try to destroy the nature, culture and identity of the Adivasis. Green colour is the symbol of the lives of those who are very close to nature and who work for the preservation of the environment and natural resources.
Picture of the drum man:
It is to symbolize the lives of the Adivasis, which is full of dance and music.
The lady at the centre of the map of India:
This is the symbol of the lives of the Adivasis, which are stifled due to various issues/ problems/ confusions/ pains etc.
Twenty-one point programme:
This twenty one-point programme invites all the Adivasis to come together to work for the integrated development of the Adivasi community, to safe guard the identity, dignity and culture of the Adivasis. The twenty one point programme under ‘Jai Adivasi” leadership begins with saying that, “If I am a true Adivasi, then I am proud of my Adivasi society and I value and respect my society with feeling and commitment for the very survival of Adivasis. I will resolve to pay attention to the 21 point programme for the unity, progress and the identity of the Adivasis”
Information of POs:
It deals with the aims, objectives and activities of the POs.
Information on the LAHRC:
It deals with the aims, objectives and activities of the LAHRC.
Injustices to Adivasis in development:
It gives information on how less fund is allotted in the government budgets for the developments of the Adivasis and how even this fund is not properly utilized and sent back to the Government.
The picture on the left side invites all to be united.
The picture on the right side gives hope for the future in the form of rising sun and growing tree
Month of January:
It provides information on Adivasi population, their inhabitance and area. Besides, it gives the list of 29 sub tribes of the Bhil tribe in Gujarat.
The picture on the right side shows the Adivasi sitting and asking himself, “What is happening to my community? Development or destruction”?
The slogan for the month is: Lets work to preserve our tribal identity.
Month of February:
It contains information on the feasts, celebrations, dances and the songs of the Adivasis and the different musical instruments used by them. The different pictures depict these.
The slogan for the month is: I have to preserve my own identity.
Month of March:
It contains information on the Garasia tribals of Shamlaji region in Sabarkantha district and the weekly markets in Adivasi areas. At the right side on top, POOJA Bhil a tribal king in the Rajasthan area is portrayed as the symbol of tribal bravery.
Right down at the left side, a song glorifying the women is printed there as we celebrate International Women’s day in March. At the side of the song is the picture of a woman bearing the torch.
The slogan for the month: Long live the powers of women.
April:
It contains information on: Adivasi self-rule, Gujarat Adivasi Development Corporation, The definition of those living below the poverty line (B.P.L.).
At the bottom of the left side it has a cartoon: The first one depicts how the Adivasis are given endless amount of promises before building a dam in their area and the second one depicts how they are kicked out once the dam is built.
The slogan: Long lives the Adivasi unity.
May:
Information on: International Workers day, Village Panchayat and village assembly (gram sabha) and especially three things to be done with regard to this. At the bottom of the left side, a tree is drawn as the symbol of village assembly. It contains two special slogans: 1. Lets join together today to bring our own rule in our village, 2. The foundation of village panchayat is gram sabha, which is our right.
The slogan of the month: The sky is ours, the earth is ours, in our village it is our rule.
June:
The slogan of the month: If religion and politics play a constructive role, the Adivasis will not suffer!
Information: Importance of the registration of birth, marriage and death. It has a big picture of Shree Birsa Munda who is the revolutionary of the present Jharkhand State. It also contains the information on the duties of the sarpanch i.e. the chairperson of the village panchayat.
July:
There is information on (1) the various welfare schemes of the State and Central Governments and those who can benefit from these and (2) a list of those authorized to give (caste) schedule tribal (ST) certificates.
Cartoon: The ill effects of Globalisation on the Adivasis and their agriculture. The point made is: the poor become poorer and the rich get richer.
Slogan of the month: Lets live with self-dignity and unity.
August:
Information on: 1. The Indigenous People’s Day is on 9th August, 2. How it came to be celebrated in the world.
Cartoon: on 15th August 1947, the Indians took possession of India and sent the foreigners flying, but after 15th August 1997, the foreigners once again took possession of India through Globalisation and sent the poor Indians flying. The Adivasis are the worst affected by this.
Slogan: Lets together preserve our Adivasi identity, nature and culture.
September:
Slogan: We are proud: we are Adivasis and Indians.
Information on: 1. Forest Department and some rules, 2. There is an invitation given to the Adivasis to go in village forests, which in the long run help the villagers, 3. At the bottom of the left side, the picture of Khajia Nayik, the King who fought against the British in Khandesh area which is the border of Gujarat and Maharashtra, 4. The importance of Ration Card and ways of obtaining it.
Cartoon: The two sides of a pendulum in a clock. The Government has two points programme to divert the minds of the people instead of really solving the problems: one is war with Pakistan and the other is attack the minorities.
October:
Information on: 1. Filing a police complaint (FIR), 2. Atrocity Act for the protection of Scheduled tribes and Scheduled castes, 3. Inheritance record, 4. Partition of land, 5. Information on land records.
Picture: Picture of Eklavya who was a renowned Adivasi archer.
Slogan: Let Adivasis awaken and ask for their rights!
November:
Information on the fundamental Rights of the Citizens of India, which ends with the call given by Dr.B.R. Ambedkar: Learn, unite and get your rights.
Cartoon: It is on communal harmony. The skulls have a conversion among themselves: “Who are you?” What does it matter whether you are a Hindu or Muslim or Christian or Sikh? Our destiny is the same anyway!
Slogan: Lets awake to get justice and to live with dignity.
December:
Slogan: Lets unite against atrocities and raise our voices against oppression!
Information is given on (1) other Fundamental Rights, (2) the National Human Rights Commission, and (3) the United Nations. It also carries a photo of the Human Rights Rally held on 11th December 2000 at Surat, and on the on top to the right a picture with a caption: where is a drop and where is a waterfall?