Virginius Xaxa Committee report on Tribal land
alienation
Topic in News: Xaxa Committee was formed in 2013 and
gave report in May 2014. But Indian express released detailed report in October
2014 hence in news.
What was purpose of Xaxa Committee?
·
2005:
UPA had setup Sachar Committee to Muslim community’s socio-economic-educational
status.
·
2013:
On the similar pattern, UPA-II setup Committee under Virginius Xaxa. He was a
member of NAC (National advisory council).
·
To
study the socio-economic, health and educational status of tribals.
·
To
suggest policy initiatives and interventions for tribal-upliftment.
·
2014:
Gave report.
Land
acquisition: Problems found:
·
Government
notifies rural areas as urban areas to keep them out of PESA coverage.
·
The
PPP (Public private partnership) model, is simply a backdoor method of tribal
land alienation.
·
Government
agencies acquire land for “public purpose” but later transfer it to private
companies at throwaway prices.
·
Government
has signed such MoUs with companies, Government officials became “dealers and
negotiators” of tribal land. “Neutrality of the State” is forgotten.
·
In
scheduled areas, tribal’s land cannot be transferred to non-tribals. YET
Cabinet Committee on Investment (CCI) sometimes hastens project-files which
directly /indirectly violate this provision.
·
Development
projects lead to influx of outsiders to tribal areas, thus harm tribal
interests by money landing activities and pollution.
Land
Acquisition: Suggestions given
·
Prevent
all kinds of tribal land alienation
·
Gram
Sabha’s consent compulsory for any type of land acquisition. Even if the
government wants land for its own use.
·
If
anyone obtains Gram Sabha’s consent fraudulently = impose penalties and cancel
such projects.
·
Empower
Gram sabhas to restore alienated land back to original owner, even while case
is pending in court. This will discourage non-tribal buyers from committing
frauds.
·
Earlier
Vijay Kelkar Committee suggested that unused Government land should be sold
off/leased off to get more money and reduce fiscal deficit. Xaxa asks
Government to use such land for tribal-resettlement.
·
Promote
small sized water-harvesting structures instead for large dams.
·
Impose
penalties on officials, if delayed implementation of Forest Rights Act or PESA.
Mining
in tribal areas
·
After
mines are exhausted, return the land back to original owner. Amend the
Coal-Bearing Areas Act, 1957 to implement this.
·
In
Andhra Pradesh, tribal-cooperative societies are can do mining activities.
Other states need to adopt same model.
·
In
Scheduled Areas, only permit tribals to exploit mineral resources.
·
Future
policy makers should learn lessons from Niyamagiri episode.
Linkage
with Extremism
·
There
is no legal basis for terming anything a “Naxal offence”.
·
Yet
many tribals are arrested for protesting against developmental projects.
·
Thus,
laws are used as tools of tribal oppression.
·
Appoint
a judicial commission to investigate such “naxal cases” registered against
tribals and their (non-tribal) supporters.
·
Avoid
making Salwa Judum like policies to combat left wing extremism.
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