Attempts to evict Malekudiyas is violation of Forest Tribal Rights Act: Karat

May 20, 2012

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Mangalore, May 20: Attempts to forcefully evict Malekudiyas from their forest lands citing that it belongs to Kudremukh National Park is a violation of the Forest Tribal Rights Act, said Prakash Karat, General Secretary, CPI (M).

Speaking at a discussion meet on 'The menace of Naxalism and Atrocities against Adivasis and their Human Rights' organized by 'Maanavata Vedike' in Mangalore on Sunday, Mr. Karat said that as per the Act passed in 2007, the law recognizes the land of the tribal people inside the forest. “If there is any proof that they had been living there and carrying on cultivation, then their land is recognized even inside the forest. They can own up to five hectares of land inside the forest”, Mr. Karat revealed.

There has to be an expert committee which has to conduct a survey and check the land ownership of the tribals. It is only after the recommendation and clearance of this committee can the lands be cleared and handed over to others. The Act demands that adivasis be consulted before their land is being acquired and only with their consent and a suitable compensation package besides relocation, can their lands be acquired, Mr. Karat added.

The senior Communist leader observed that Mr. Vittala and other members of his tribe had been resisting the move of the authorities to acquire their lands for a compensation of Rs. 10 lakhs. “We do not accept this interpretation of the government that by declaring a land as a national park one can drive away tribals who have been living there from centuries”, he said.

Stating that tribals across the country are being ill-treated in a similar manner, Mr. Karat said that rules are being violated in tribal dominated areas in certain states where the 5th schedule of the constitution applies. “In areas that come under the specifications of the 5th schedule of the constitution, there are provisions for the protection of land rights of tribal people. No one can aquire their lands just like that as per the schedule. It demands that permission be sought from the local panchayat. Not even the state government can interfere. The Supreme Court too had said in a judgement a few years ago that no land can be bought from the tribal people without their consent. But today, this law is also being violated”, Mr. Karat lamented.

Expressing his concerns over the government's attempts to make amendments in the Mines and Minerals Act, Mr. Karat said that the government is trying to give license to mining companies and others to carry out their operations even in the areas that come under the 5th schedule. “We have been raising objections to this amendment in the Parliament”, Mr. Karat said.

Pointing out that tribal people have been actually conserving forests, Mr. Karat said that it is wrong on the part of authorities to drive them away from their lands. “The government says it needs to protect forests and destruction of forests is taking place. But who is responsible for this destruction? It is not the tribal people. They have been living harmoniously with nature for centuries and have been conserving forests. The real destruction of forests is carried out by other vested interests. There is a nexus between bureaucrats,contractors, and smuggling mafia in cutting down forests and this happens right under the nose of the government”, he said.

Draconian laws being used against adivasis

Recalling that POTA was used by the government to torture hundreds of Muslims in the name of tackling terrorism, Mr. Karat said that the adivasis are also being targeted by the authorities now by using Unlawful Activities Prevention Act.

“The honour killings being made on caste lines and atrocities against Dalits are not covered under Unlawful Activities Act but innocent adivasis are tortured using this Act. They are denied bail for six months and if the court is not satisfied about the proof of their innocence it even extends the bail denial period”, he said.

On Mr. Vittala and his father Mr. Linganna Malekudiya being charged with sedition and waging war against state, Mr. Karat said that that it was unfortunate that Bhagat Singh was charged with sedition and hanged during the British regime and the same charge of sedition has been charged against Mr. Vittala for possessing a book on Bhagat Singh. “The colonial tradition has continued”, he said.

Defence Committee

The district unit of the Vittala Malekudiya Defence Committee was formed on the occasion. Yashwant Maroli, President of Manavata Vedike, has been named the President of the Committee. Writer Sara Aboobakkar has been named the Vice President of the Committee. Muneer Katipalla, DYFI leader, has been chosen General Secretary. Ramachandra Babbukatte, Vasudev Uchil and advocate BM Bhat have been named secretaries.

Prakash Karat advised the Committee to mobilse public opinion in favour of Mr. Vittala Malekudiya.

G K Govindarao, thinker and actor, is the state President of the Defence Committee.

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