"In the view of the matter, I hold that the petitioner-organisation is entitled to represent the cause of the tribals wherever and whenever it is necessary for safeguarding the interests of the tribals. Accordingly, the respondent is directed to permit the petitioner-organisation to represent the cause of the tribals either individually on collectively. When the petitioner-organisation makes any submission or representation, the respondent shall take note of the name and decide the issue of granting of patta according to law keeping in view the representation of the petitioner. The respondent shall also provide the necessary information to the petitioner-organisation relating to granting of pattas so as to protect the interests of the tribals."

The non-tribal farmers’ association has been emboldened to complain that if the police had been stern from the beginning, things would not have come to such a pass. Let us remind ourselves that the tribal unrest of West Godavari is being led, not by the Naxalites or any violent group but by an entirely law abiding voluntary organisation ‘Sakti’. Can one hope that sense will prevail somewhere in the official hierarchy concerned with the welfare of tribals and the tribal unrest will be met with justice and not further threats of ‘stern’ action and police cases?

K Balagopal
(The author is general secretary of Andhra Pradesh Civil Liberties Committee)

- DECCAN CHRONICLE MONDAY MAY 5 1997

By R.J.Rajendra Prasad

TRIBALS holding a police party hostage for a day to prevent the arrest of their chieftain and others - injuring five persons with bows and arrows during a clash - may sound like a tale from the pre independence days. But this is what happened recently in the villages of Polavaram. Jeelugumilli and Buttayagudem mandals of West Godavari in Andhra Pradesh. The Koya tribesmen are resisting the harvesting of their crops by non-tribals, demanding that the Land Transfer Regulation 1 of 1970 (which prohibits the transfer of ownership of land in the Agency areas except to a tribal) be enforced to letter and in spirit.

The situation in West Godavari district has become tense because of the intervention by a non-government organisation (NGO) called SAKTI, which has been active in the area for the past three years. The 10 social activists working for SAKTI are Koya tribesmen themselves, and they have succeeded in making the tribal families aware of the regulations in force in their favour. The Director, Dr.P.Sivaramakrishna, who took his doctorate degree on the theme of tribal folk songs, got the land record of 1932, when the last survey and settlement was done, partaining to the Scheduled Areas of the distrct. His team goes to the villages reading the names of the owners of the land under survey numbers that can be identified today, and the tribals have become aware that their grandfathers owned the land after all and that now they have the right of ownership.

The Koya tribals have become bold after three years of a sustained struggle, having realised that the law is in their favour. But the absence of any NGO working in their areas perhaps explains why the Scheduled Areas of Adilabad. Karimnagar, Warangal, Khammam and Visakhapatnam are quiet today."

-Chief Justice P.S.Misra,, High Court of A.P.

- Geetha Ramaswamy : Deccan Chronical July 23, 2000

"It is unfortunate that this matter has been dealt with as an issue concerning police alone. The very fact that there have been such a large number of 118 cases booked, all apparently against 2175 tribals shows that there is something wrong about the approach of the Government and its agencies".

"It is noted that the representation to NHRC from SAKTI is dated June 1997 and the report of the SP is of June 1998. The criminal cases pertain to 1996 and 1997. The present letter has been addressed to us in July 2001. As we are now in August 2001, i.e., more than four years since the original complaint was made, the ground level situation must be different now for better or worse. The only advice that can be offered therefore, apart from the above comments, is that the Commission may without any loss of further time":

request a special officer of the Commission to visit the area and make a detailed inquiry summoning the District Collector and the SP and examining all records.

resolve the land problems according to the Regulation and the judgment of the Andhra Pradesh High Court.

direct action against officials and others who have been found on inquiry to have harassed tribals for agitating for their legal rights.

Sri S.R.Sankaran, responding to the reference of
NHRC - Date: 09-08-2001

-Vasudha N., Advocate based at Hyderabad, Indian Express, May 27 1999.

• Sri S.Ray, I.A.S., Principal Secretary to Government, Social Welfare Department.
• Sri J.Rambabu, IAS Principal Secretary to Government, Revenue Department.
• Sri G.Sudhir, IAS, Secretary to Government, Revenue Department.
• Sri T.S.Appa Rao, IAS, Commissioner of Tribal Welfare.
• Sri Anil Kumar Singhal, Project Officer, ITDA, K.R.Puram, W.G.Dist.
• Dr. Sivaramakrishna from SAKTI.

The Principal Secretary (SW) invited Mr. Sivaramakrishna to express his opinion on the conduct of verification work. Sri. Sivarama krishna opined that his organisation had partial information which could be supplementary to the official records and the main responsibility of providing information had to be shouldered by the Government. He agreed, in general, with the paper presented by the Project Officer, I.T.D.A.

The members deliberated at length as to how to handle a situation where no land might actually come to tribals in a particular village. The Principal Secretary, Revenue desired that it should not become a mere justification exercise for the possession of land by non-tribals.

It was decided that SAKTI shall immediately start preparing the tribals for the verification process.

Finally it was decided that Project Officer shall write, along with Sivaramakrishna, a note incorporating all the issues discussed in the meeting, specifying the role of all officials / non-officials for perusal of the Principal Secretary, Social Welfare.

The Principal Secretary, Social Welfare thanked everybody for attending the meeting.

- A visitor – November 22, 2002.

"The teams (of tribal youth) have detected several "errors" in the official records given to them under the direction of the High Court. As per the records, Tellam Ademma, a tribal is the owner and cultivator of the land measuring 6.37 acres in Survey No. 32. The actual position is that Ademma’s family had cultivated only 1.37 acres while the remaining 5 acres was under the enjoyment of one Mr. M. Venkat Reddy and his brothers."

"Out of 26 people trained (by SAKTI) from a dozen villages, 15 learned skills to read village land maps, adangal, field measurement book, and Resurvey Register and can locate the targeted plot in the field. The next step they plan is to decipher title deeds."