Chapter 7

Launching a Debate

The Government (since the British period) brought certain tribal areas under special Schedules. It passed benevolent protective legislation to benefit the tribal, framed special Rules, established separate courts, and evolved a responsible administrative system. In time, but, these elaborate and stringent arrangements have also gone the way of all such institutions in our country.

Such a separate legal system has isolated the entire Agency tract in Andhra Pradesh. On the other hand, external pressures and alien procedures continue to dominate the life of the tribal. Left to the mercy of these forces, the poor, illiterate, tribal faces relentless persecution in his own land. The application of protective legislation and social justice to the tribal has become a totally internal Governmental process. It excludes the tribal from having any real say in the matter.

There is an urgent need to take stock of the situation, with specific reference to lapses. Identifying how, where and why the administrative system failed, presenting positive results achieved and recommending necessary steps to undo mistakes and improving the tribal lot need high priority. The problems of the tribal are quite simple. All that they need are the free forest land enjoyed by their ancestors so that they can shed some misery that they undergo every day.

Their problems involving

1. Land.

2. Forests

3. Speedy justice and

4. Fifth Schedule of the Constitution and its application,

need thorough discussion among the officials, jurists, activists, academicians and voluntary organizations.

We conceptualize a two day workshop involving the above groups. The workshop could invite papers on specific case studies (decided by statutory forums) from the above groups on the above mentioned topics. With at least 20 background papers and with about fifty participants, there can be three sessions each of about one day to cover these topics. Each session opened by an administration and a jurist could conclude with summing up.

The fifty participants can be divided into three groups. Papers in each session can be summed up in; the opening addresses. Each subgroup can present the gist of its deliberations at the end of every session. A jurist or administration official can conclude each session.

During the concluding session a jurist, an official, and an activist can sum up deliberations on the sessions. The valedictory session starting with the remarks by the Chairperson could conclude with an address by a sensible political activist. The emphasis favors officials and jurists because they are intimately involved in the administration of the tribal. The officials are presiding officers or statutory authorities, while the advocates are practitioners, handling hundreds of cases. The involvement of activists will help them in identifying weaknesses in the system in rendering social justice.

SAKTI is now conversant with the administrative issues at stake in tribal areas of four districts in Andhra Pradesh. We can share information and insights gotten by us over the years. Other activists and voluntary groups could bring to bear their experience. This could be combined with the analysis provided by jurists and officials. Such a Workshop could provide realistic recommendations to make the present system do to its potential and by that set a common agenda for all those concerned with tribal welfare. I hope that such concerted efforts will lead to change in the attitude and styles of functioning of these democratic mechanisms, by that equipping the activist to use with these forums more effectively for the benefit of the tribal.

INDEX

1970 Regulation - 74

Aborignal - 12,74

Acts - 6, 27

Adilabad - 6,9,28,30,37,51,58,61,73,86

Agency areas - 28,30,31,33,37,39,52,85,114, 115

Agency Courts - 8,102

Agency Divisional Officer - 10,115

Agency lands - 58

Agency Tract Interest and Land Transfer Act, 1917 - 8

Agency tracts - 8, 22, 30,63

Agent - 7,8,10,22,30,41,63,65,69,71,73,101,111,115

Alienation - 11,22,34,69,83,94,110

Amendment - 11,66

America - 74

Ancestral land - 12

Andhra Pradesh - 6,10,11,13,14,18,22,24,25,28,29,31,35,36,38,40,41,42,52,56,59,64,71,83,86,87,88,90,91,92, 100,101,106,109,110,113,114,125,144,145

"Andhra Pradesh" Ceiling on Agriculture Holdings Act, 1961- 11

"Andhra Pradesh" Scheduled Areas Land Transfer Regulation, 1959 - 10

Andhra Region - 10,13

Assistant Agent - 10,34

Australia - 74

Bhadrachalam - 7, 10, 28

"Bhadrachalam" Division - 10

Board of Revenue - 7,62

British - 6,144

British regime - 6

Civil and Criminal justice - 7

Civil Appeal - 12, 37,40,56

Civil Justice - 8,22

Cognizable - 12,23,57

Constitution of India - 9,10

Cultivation - 59,79,82,83

Development - 28,31,33,72,74

Devolution - 11

District Collector -10,52,58,60,61,63,69,70,73,87

Division Bench of the High Court - 11,73

East Godavari - 1,10,30,31,35,41,52,58,61,62,69,70,71,82,85,89,90

Economic - 12,14

Exploitation - 6,9,11,12,13,30,82,84,87

Extinction - 16,74

Fifth Schedule - 10

Fine - 12

Forest - 8,9,13,34,38,79,82,84,86,88,91,94,144

Forest officials- 13

Forest produce - 6,82,84,94

Forest - 6,13,82,83,85,86,87,88,89,90,95

Ganjam - 7,8,22

Ganjam and Vishakapatnam Act, 1839 - 7

George Russell - 7

Godavari Agency - 1,60,85

Golugonda Hills - 7

Gond - 9, 13,18,19,20

Gond tribals - 9

Government of India Act, 1935 - 8,26

Government of Madras - 7,30,62,69,82,100

Government officials - 57

Governor - 8, 10,13,15,22,23,26,27,29,30,33,36,37,111

Haimendorf -9, 33,57,69,85,86

High Court - 8,11,12,29,31,32,36,37,39,40,41,42,52,61,63,66,69,70,73,87,88,92,101,103,105, 106,112,114,115

Hillmen - 7,69

Hyderabad State - 10,109

Hyderabad Tenancy Act - 10

Illiteracy - 34

Immovable property - 8,11,66

Independence - 34

Intermediary tenures - 13,24

ITDA - 31,35,41,58,61,90,93,113

Jeypore - 8

Jodeghat - 9

Jurisdiction - 8,10,30,111

Lambadas - 6,14,35,52

Land - 6,8,9,10,11,12,13,15,22,23,24,25,34,36,37,38,40,41,56,57,58,60,61,62,64,65,66,67,68, 69, 71,72, 73, 79, 83, 85, 87, 111,144

Land laws - 14

Land records - 58,64

Lawyers 2,101,109,110,111,114

Lease - 11,37,41,86,90

Legal - 65, 101,102,111,112,144

Madras - 7, 10,22,30,34,62,69,82,100,110

Mahaboobnagar - 6

Mahaldari -13

Maktha - 13

Mansabadar -7

Mokasadari -13

Money decree -10

Money lenders - 7,10,82

Mortgage -11,63

Muttadari -13

Muttadars - 7,68

Naxalite - 11,38

Nirad Chowdhry - 74

Nizam - 9

Nizam's Government - 9

Paderu - 58

Pan maqta - 13

Parlakimidi areas - 7

Parliament - 9,26,28,42

Patel - 58

Patwari - 59

Penalty -12

Plainsmen - 6,62,63,69

Police stations - 7

Political - 145

Prohibition - 23,71

Proposed repeal - 14

Rampa - 7,8,82,86

Rampa Agency - 7

"Rampa" Country - 86

Rampachodavram - 29, 30,35,41,63,83,85,86,87,91,92,93,104,106,111,112,113,114

Registration - 93

Regulation 11 of 1963 - 10,66

Regulations - 6,40,57,63

Rekapalle - 7

Repeal - 14, 74

Retrospective effect - 9,13,36

Revenue Divisions - 31, 58

Rights - 11,59, 82, 95, 110

Rigorous imprisonment - 12, 23

SAKTI - 1,5,29,31,35,40,41,69,70,85,87,88,91,92,113,125,145

Scheduled - 6,9,10,11,12,13,14, 15,22, 24,25, 26, 27, 28,29,30,31, 32,36, 37,38,41,42,51,52, 58,59, 63, 64, 69,70,82, 88,90,91,100,101, 104, 110, 111

Scheduled Areas - 6,9,10,11,12,13,22,24,27,29,31,32,36,37,38,41,56,59,63,82,88,100,110

Scheduled Tribes - 6,14,25,28,29,30,31,34,41,42,51,58,64, 101,111

Share croppers - 13

Social - 31,33,57,144, 145

Social Service Officers -10

Srikakulam - 6, 10,11,30,31,37

Supreme Court - 12, 27,32,37, 39,40,41,42,56,88,109

TAC - 13,26,29,30,36,37,71,89

TAC meetings - 13,29

Telangana -10, 13

The A.P.Scheduled Areas Land Transfer (Amendment )Regulationk 1970 -11

The Agency Rules - 8

The Government of India Act, 1919 - 8

Transfers -11,65,71

Tribal - 6,7,9,10,11,1,13,14,15,22,23,27,28,29,30,31,33,35,37,38,40,41,42,43,51,56,57,58,60,61,64,66,68,69,70,71, 72,73,74,82,83,86,87,88,90,93,94,100,101,102,106,110,111, 112,113,114,124,125,144,145

Tribal population - 13,27,28,31,37,90

Tribal rising - 6

Utnooru - 58

Vishakapatnam - 7,8,22,30,58,90,114

Watans - 59

Welfare state - 74

West Godavari - 10,27,28,30,39,60,68

Writ petition - 11,29,52,92

Yanadis - 6

Yerukulas - 6,35

Zamindari - 13,69

Acknowledgments

This manuscript has been composed using a rudimental series of papers written over several years by Dr.Sivarama Krishna, of SAKTI. I have aggregated these into a single volume, and edited the text, making semantic and syntactice changes but without compromising on the original piquancy of the essays. Some of these were passé and required updating. While at times this proved to be complex assignment, it was assuaged by Dr.Shiva's elucidation and counsel. The original papers were essays succeeded by extensive attachments: press clippings, court judgements, writ petitions, several letters and information gathered from various archives. To do away with these rather unwieldy annexures, I proceeded to comprehensively footnote the manuscript. The systems diagrams in Chapter 6 comprise the bulk of the chapter. Some of these, the problem and objective analyses, were done several years ago by Bharati, then of Oxfam, and Dr.Sivarama Krishna. I have added to these with the others. Taken together, the manuscript provides a perspective of the legal and administrative frameworks, issues arising out of them in the agency areas of East Godavari District, and provides an insight into SAKTI's intimate understanding of these. The views expressed in the manuscript remain Dr.Shiva's. My work on compiling and editing this manuscript will remain incomplete without gratefully acknowledging the patience of Dr.Shiva, and Sarada, his wife, who kept my thirst for tea and coffee slaked with endless cups.

Sunder Subramanian,

Rampachodavaram,

February 1997