COVER STORY: TSUNAMI-AFFECTED FARMERS: LIES AND DAMN LIES

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY:

TSUNAMI-AFFECTED FARMERS:

LIES AND DAMN LIES

By Zubair Ahmed

It's very easy to say that the farmers have waited eight years. However, in these eight years, the Islands saw three Administrators, four Chief Secretaries, five Deputy Commissioners and countless Commissioner-cum-Secretaries for Relief and Rehabilitation.

Simultaneously, the submerged landscape has also changed its nature into different avatars during the last eight years. Before tsunami, it was agricultural land, post-tsunami, it was called tsunami affected land, later it turned to be a fishing ground brimming with fishermen and crocodiles, now it's transforming into a mangrove groove with fresh offshoots appearing here and there. Finally, nature-lovers and conservationists have started to realise that the newly-formed wetlands are turning into an abode for migratory, resident and common birds.

However, the status of the affected farmers has remained unaffected without much to talk about. The Administration never allowed them to shed the affix 'tsunami-affected' from their names. They are sympathised with and everybody worth of their salt has tried to play with their emotions. Elections were fought and won on this issue.

When the Home Minister P Chidambaram visited the Islands to take stock of the development and progress of this territory, he proclaimed at a public meeting at Congress Bhavan that ANI Admn has successfully completed the Tsunami Rehabilitation Programme except carpeting of 4.8 km road and distribution of compensation package to the farmers whose lands are submerged. 

"The 2012 tsunami did not touch the shores of Andamans, as it felt ashamed how ANI Admn had miserably failed in compensating the poor farmers affected by the 2004 tsunami," said an aggrieved farmer sarcastically on the attitude of ANI Admn towards the tsunami-affected farmers of South Andaman.

Some called the day of protest a black day, others a shameful day. And, the ANI Administration felt that a day was wasted. The Deputy Commissioner wanted his honour not to be breached. The bureaucrats at the highest level did not want to climb down the elite pedestal and meet the protesting farmers. The Lieutenant Governor, who had once openly declared his personal interest in the tsunami compensation issue, shirked away from meeting the farmers as it seems, he himself remains clueless and in darkness about the issue.

After a long wait and various forms of protest in the last couple of years, assurances of various types and kinds were what the farmers got in exchange. When the Home Minister P Chidambaram visited the Islands in January this year, he promised twice that an amount of Rs 130 crores has been sanctioned and will try to disburse it before 31 March 2012.

There is a deep sense of betrayal, fear and permanent sense of loss, as the landowners, who see their submerged land and the lackadaisical attitude of the Administration.

In fact, the Home Minister did say that the fund has been given to ANI Admn and about 95% victims are willing to take the compensation package and a small minority of about 5% are reluctant and his request was to convince the remaining few. He categorically said that efforts will be made to disburse the amount before the end of last financial year. He even said that it would be very difficult to reopen and revise the package at this moment and when specifically asked, assured that the submerged land would not be acquired in lieu of the compensation amount, as it was a natural disaster.

When the protesting farmers met Bhupinder Singh Bhalla, Commissioner-cum-Secretary, Revenue he informed them that the amount was only sanctioned and not allotted, and the file is in Ministry of Finance. It is also strongly doing the rounds that the amount was diverted.

There has been lack of transparency in the ways of the administration. First, they failed to identify sufficient alternate land, and later they announced the amount as relief and now they are stressfully mentioning it as compensation in lieu of submerged land.

When mourning the deaths of thousands in a ritualistic manner, precious little has been done for the living. It has been a long game of passing the buck and any other tool that could justify inactions. The inertia of rest breaks only in bursts, after such protests.

Its time the Admn removes the albatross of Tsunami Relief and Rehabilitation round its neck closes the file and the territory moves ahead with other pressing developmental projects.

The Islanders deserve not a clarification, but immediate release of the relief amount and surely an apology for all the lies and damn lies perpetrated in the due course.

COVER STORY: Farmers on Warpath

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY:

Farmers on Warpath

After a prolonged battle for relief for their submerged land, when the Admn kept delaying the process for strange and mysterious administrative reasons, farmers decide to hit the road. The Member of Parliament Bishnu Pada Ray too extended his support and joined the Dharna in front of the Secretariat on 19 April.

Gram Sudhar Sangham had intimated the Lieutenant Governor on 12 April that patience have worn out and it cannot wait any more and will organise a dharna protesting the delay in payment of the compensation amount received from Centre. In October 2010, Lieutenant Governor had informed GSS that it had demanded Rs 135 crores for the purpose. Even after two years, there was no sign of any progress. Only empty promises were pouring in from the Admn.

Hundreds of farmers and their well wishers alongwith the MP sat ion a Dharna in front of Secretariat and later moved towards Raj Niwas when the talks between the agitators and Secretary revenue failed. The farmers were not allowed to meet the Lieutenant Governor citing various reasons. They blocked roads at different places and finally tried to forcefully break the blockade and enter Raj Niwas. The farmers alongwith the MP was taken into preventive detention and kept at PS Aberdeen.  Learning about the detention of the farmers, hundreds of youth from South Andaman gathered near Light House Cinema and blocked road for hours demanding a resolution of the issue.

Late evening, the Deputy Commissioner  South Andaman met the agitators at PS Aberdeen and handed over a letter from the Secretary, Revenue which stated that the issue is fervently pursued by the Administration at high level and the Chief Secretary will meet Cabinet Secretary, Finance and pursue the matter. It was also decided that a delegation of the farmers along with the Member of Parliament will meet the Chief Secretary on 23 April and finalise the date for disbursal of the money.

The indifferent attitude of the Administration was once again visible when they distanced themselves from the farmers and left the matter for the police to resolve.

COVER STORY: Tsunami Fund was Diverted

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY:

Tsunami Fund was Diverted

It is learnt from reliable sources that the Admn had projected and demanded an amount of about Rs 130 crores, which was insufficient for the purpose of relief or compensation. The amount reached the Islands and remained with the Admn for a long time. In the due course, when the realisation dawned that the funds are insufficient and "other important" reasons cropped up, the funds were diverted to fill the gap with due permission from the ministry.

Moreover, the Admn could have at least released first instalment of the compensation instead of diverting it and prolonging the process.  Instead, the funds were used for works in different departments. When the Ministry declared Port Blair Port Trust and later stalled it, there was shortage of funds for administrative expenses too. It is learnt that funds were diverted to that account too. The blatant lie that funds were not diverted will not find many takers.

The Admn is now in a quandary as it did not expect the farmers to hit the road with the demand for immediate release of the amount. Home spun local wisdom says that the whole process of fresh allocation and release of fund from the ministry will take its own sweet time.

In fact the farmers have witnessed not merely collapse of justice, but its systematic planned subversion. They have realised that it's been a long and blind ride since 2004. The discontent and distrust among the Islanders have started to swell and spill over on to the streets.

Is it not odd that sometime back in 2011, the Administration set off on a weird mission giving the Islanders a choice - land or money? Whereas, the Admn had miserably failed to either identify alternative land or convince Central Empowered Committee (CEC), when it came to the Islands and met the farmers that deemed forest should be de-reserved and allotted to the farmers.

It was quite easy for the Admn to shoot a letter to Delhi saying that there is no sufficient land and monetary compensation should be paid to the affected, that too without doing proper homework.

COVER STORY: From Alternate Land to Relief to Compensation!

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

COVER STORY

From Alternate Land to Relief to Compensation!

On 20 April, the Lieutenant Governor gave a clarification condemning the dharna organised by the tsunami-affected farmers led by Gram Sudhar Sangham and supported by Bishnu Pada Ray, Member of Parliament.

The release said that LG Bhopinder Singh had personally met Shri P. Chidambaram, Union Home Minister and urged upon him to convey the sanction of the Govt. of India as early as possible. Before that, the Lt. Governor had written to the Union Home Minister on 23 December 2011, 29 February 2012 and 12 April 2012 for immediate issuance of the sanction to disburse the money in lieu of submerged land to the affected farmers. The Lt. Governor has asked the Chief Secretary, Shakti Sinha to meet officials at all levels in the Ministry of Finance for early clearance of the proposal to disburse financial compensation to the farmers.

From the subject to the content, the phrase "in lieu of" has been used many times. Moving miles away from their earlier statements that the submerged land will not be acquired "in lieu of" the compensation has gone to the docks.

Another word 'misleading' is used whenever the Member of Parliament rakes up any issue, whether it is Buffer Zone, ATR or the issue of compensation for tsunami affected farmers. If you are not towing the official line, whether it is right or wrong, you are misleading the "public." The Administration has to be always right.

When the Member of Parliament in June 2011 raised the issue of tsunami affected farmers and blamed the administration that the monetary compensation is very low and it is not relief, the Lieutenant Governor met a delegation of the farmers, once again led by Gram Sudhar Sangam and repeatedly convinced them that the amount is relief and not in lieu of the submerged land. The MP was once again attacked saying that he is misleading the gullible farmers. Even the Home Minister made it clear that the money is relief and the land will not be acquired. But, Secretary, Revenue refused to give it in writing to the delegation when they met him.

EDITORIAL: Touchy Politics and Politicians

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

EDITORIAL:

Touchy Politics and Politicians

Nobody speaks against the genuine demands of the tsunami-affected farmers. It is being raised by every political party and resolutions passed in their conferences. Nonetheless, there has been no combined or collective effort by any political party to unite the farmers and lead their fight and take it to a logical conclusion. Lack of leadership and willpower in raising major contentious issues like Buffer Zone, Assembly for the territory and Compensation for Tsunami affected farmers is the reason for the resentment towards politicians. When things started going wrong, farmers themselves had to come together, unite and raise their voice.

The Member of Parliament is pariah for the Administration due to his eccentricities. Whenever he speaks convincingly, clarifications are issued and he is blamed to be misleading the general public. He is there for every fight. He calls himself the servant of the public and makes everyone hear him loud and clear. He has learnt the trick that his position as MP must be utilized to the core. He keeps reminding the bureaucrats his status and their position too. He declares that his support for the tsunami-affected farmers is unconditional. BJP and a few small parties too extended support to the movement.

It is alleged that the Congress President is very close to the Administrator and never speaks or acts against the Administration. It is also alleged that he had issued a diktat to his party cadre not to support the farmers' dharna, as he felt that the protest was not necessary. Although the words in the clarification note are from the Administration, the spirit of the note belongs to the Congress President. Both the Administrator and the Congress leader claim that they personally met the Home Minister and have done everything required. However, do they still remember the words of the Home Minister who emphatically said that the submerged land will not be acquired by the Government in lieu of the Compensation?

The divide between the cadre and the leadership has also come to the fore, as many of them participated in the protest as it was a serious issue concerning their lives and livelihood, where they had no space for gratification of their leader's ego. Two elected Pradhans from both major political parties and two Independent Pradhans along with a Pramukh came out in full support for the farmers. In fact, they realize that they are directly accountable to the villagers rather than their leaders. It's not just parliamentary elections that matter, but the local PRI leaders need to keep intact their vote bank too during local elections. They cannot wait for the ripe condition to start their campaign as their leader does.

Political parties and leaders need to set right their agenda, if they feel they have to play long innings. Its high time they realize that politics is all about the common man, who makes and breaks them.

NA KAHU SE BAIR: I Act Safe! I Play Safe!

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

NA KAHU SE BAIR:

I Act Safe! I Play Safe!

By Ramta Jogi

The Indian Civil Service (ICS) during the British Raj was the backbone of administrative machinery with qualities like - efficiency, integrity, impartiality, equality, honesty and fairplay. Despite it being a foreign rule, the citizens of India fully trusted the service and openly acknowledged its value in terms of delivery of administrative justice with an efficient and impartial conduct of affairs of the State.

On the eve of India's independence the ICS was replaced by Indian Administrative Service (IAS), which is also considered to be the premier elite service in the government machinery. But does its privileged members really possess and display the standard of character, integrity, impartiality and honesty enjoined upon this Service, the same way and level it was possessed and displayed by the members of its predecessor 'ICS' during British rule? Rampant encroachments on government land, unregulated quarrying and mining, abrupt issuance of bar licenses most unethically reducing the distance between bars and educational as well as religious institutions, nepotism, illegal gratification and will-full inordinate delay in disposal of cases of general public by these stalwarts have almost helplessly been accepted by the society.

Any work of a poor citizen which is ultimately done when a powerful politician approaches and recommends the same can otherwise also be done without creating such a situation. But, then the nexus won't work.

In independent India there are two more such elite Service viz- Indian Police Service (IPS) and Indian Forest Service (IFS). Unfortunately in the process of so-called democratization in the country, severe deterioration has taken place in all these three elite Services. The privileged and powerful members of these Services are more often seen bending before the pressures and dancing to the tunes of politicians, compromising with criminals and shaking hands with power-groups than the members of any other subordinate service. Forgetting their prime duty to uphold the principles of good governance, peoples' welfare and justice as enunciated in the Constitution of India, they, in order to boost their self interest and enjoyment negotiates with the power-brokers and become Movers and Shakers in the society instead of custodians and guardians of the rule of law. That is why now the people have given new names to the three elite services - IAS (I Act Safe), IPS (I Play Safe) and IFS (I Function Safe).

PAUPER’S LOG: Sleep As We Swell!

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

PAUPER’S LOG:

Sleep As We Swell!

By Abu Arsh

Post tsunami of 2004 has shown that our greed and callous attitude has given way to more degradation of our resources as if there's no tomorrow. Administration after making a meal of the whole Tsunami rehabilitation and reconstruction has come up with great statistics on the decadal people count wherein we have increased a mere twenty more thousand heads. What has perplexed a majority of the Islanders is -where have all the people gone whom we see participating in every other sphere of life in the Islands. There has been an enormous influx in population which a common lay man can see but strangely our enumerators don't. In every trade you see availability of cheap labour and small trade operators of origin which no one has any clue about. We find people of either Oriya, Bengali, Chattisgarhi, Jharkhandi or maybe neither of these but Bangladeshi's. This was not the case a decade ago.    

A new breed of sharecroppers has come up dominating the production chain of vegetables all the year round. These people claim to be from 24 Paraganas or the Sunderbans. Technology adopted is effective with zero tillage and no farm machinery used. Virgin forest area adjoining the fields is also brought under cultivation. Entire government depots of fertilizers are bought and enormous doses of pesticides used. The seeds are extra short duration and of the hybrid variety. The veggies are of sizes and colours never before seen by Islanders. Consuming these lead to serious systemic health issues with young greying before their grandparents did. The growers themselves don't consume the veggies they grow but survive on potatoes and rice. Majority of these are seen buying rice and kerosene from Fair Price Shops at a premium which our affluent islanders by virtue of several pay commission dole outs, don't use for the costlier Ponni and LPG.

The local unskilled and semi-skilled market is also dominated by these. All the labourers of civil contractors are these and their efficiency or output is unrivalled, the contractors would vouch for this. Be it plumbing, carpentry or furniture maker, half of the auto drivers, all of the bearers and room boys in bars and hotels, porters at the airports, cleaners and mechanics at workshops, putchka and noodle sellers on all the possible junctions of the islands are these people. Every other Rural and Urban area of these islands has a sizeable population of these new islanders who wield Chinese make mobile phones with blaring speakers. They come out in the evening and hang out at various joints to have tea, watch television and more importantly charge their mobile batteries especially in rural areas. The reason for this prominently being their habitations doesn't have electricity in the rural areas. Every shack in urban is on rent and the landlord makes a quick buck.        

These new crop of Islanders have several sympathizers starting from their employers, leasers, general islanders, small time politicians and the big bosses of politics/ administration for their efficiency and vulnerability. They would get a ration card, an identity card, a driving license, a passport and what have you by the generosity of these sympathizers. They have contributed enormously to our economy post tsunami and have contributed to the fortune of many including their own. They have contributed even to the crime rate, novel ways of burglaries and encroachment of Government land. Many unsolved cases of heinous crimes like murder can be attributed to them owing to personal rivalries.

Many of us may argue we need these- 'may be or may be not Bangladeshi's' for the Island's economy to strive and survive like all the major cities in rest of India are doing. One fine day a Bal Thackrey would wake up from his slumber and ask his goons to bash and extradite these poor souls as they are eating up on the prospects of the local Marathas. Unfortunately these Islands cannot have this dubious distinction because by the time we realize who these people are they would have become important vote bank and outnumber us as is the case in some North Eastern states. An Administration which cannot count or identify their nationality nor prevent them from contaminating our food or enjoying our subsidies would not be able to stop them from easily assimilating in the Islands society. Who knows? One of them could become the Chief Minister of the islands when it'll have a Legislative Assembly to meet the aspirations of the islanders, sick to the bone of Bureaucratic rule.

In the Fields of Stewart Gunj

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

In the Fields of Stewart Gunj

By Debkumar Bhadra

Being born and brought up in rural South Andaman, passing alongside the fields of Stewart Gunj had been a regular feature during my first eight years of schooling at Govt Middle School Kanyapuram. The fields, apart from being the rice bowl of the area, its stunning greenery on both sides of the stretch of road passing through the fields of Stewart Gunj (kheti raasta) used to be a visual treat. The 2004 Great Sumatra-Andaman Earthquake and the resultant tsunami however changed the landscape of the entire area forever. Sea water intruded from the defunct sluice gate at Kadakachang and flooded the fields rendering it unfit for cultivation. The present article traces this transformation of the erstwhile fields of Stewart Gunj into its present water logged avatar.

Andaman and Nicobar Islands is considered an ecological paradise, endowed with lush green Tropical Evergreen Rainforest Ecosystem, Mangrove Ecosystem and biologically diverse Coral Reef Ecosystem. After the December 2004 massive earthquake/tsunami, Wetland Ecosystem has been added to the ecology of our islands.

According to an article, jointly authored by Mr P Rajan a PhD Scholar and Dr P Pramod, both from SACON, the boxing day tsunami inundation of low lying agricultural fields caused creation of wetlands at Hutbay, Ograbraj, Sippighat and Stewart Gunj in the Andaman group of Islands. Among these four tsunami induced wetlands, Hutbay and Stewart Gunj are freshwater wetland whereas the other two are tidal mud flats (ENVIS Newsletter - Sarovar Saurabh, Vol.6,2010. ISSN:0972-3153).

Since the area surrounding Stewart Gunj, Kadakachang and Wimberly Gunj suffered subsidence; the massive earthquake triggered tsunami brought the sea into the low lying fields. Even the road connecting Stewart Gunj with Wimberly Gunj (Kheti rasta) came under the occupation of the sea. The road was eventually raised about a meter which blocked surface runoff from the surrounding areas thus resulted in creation of a freshwater wetland on the side adjoining Bangla Pahad. Whereas the side of the kheti rasta adjoining Kadakachang creek, a tidal mudflat came into existence.

The changed ecology brought with it a variety of fishes, birds, reptiles and other visitors including raptors and hunters into the area. Most prominent and talked about being the winged visitors. A comprehensive survey of the Stewart Gunj wetland we could recorded presence of more than 30 bird species including Lesser Whistling Duck, Common Moorhen, Andaman Teal, White-breasted Waterhen, Purple Swamphen, Egret, Pond Heron, White-bellied Sea-Eagle and many more (see box for the full list).

These winged visitors are now part of the changed landscape of the area, attracting the attention of those passing through the casuarinas lined stretch of the road. Though there is a sign which warns presence of Crocodile in the submerged fields, yet one can find fisher folks scouring the waters with nets and lines, bagging the fresh stock of fish brought in by the tides. Those with an appetite for nature could be seen capturing the winged visitors in their splendor.

The most surprising found however was few grooves of juvenile Mangroove species taking roots along the periphery of the elevated kheti rasta. There were mangrove ferns and other associated mangroves spread here and there indicating the sea is here to stay in the submerged fields of Stewart Gunj. The area as a whole resembles an island microcosm, buzzing with life in every form, shape, size and colour, all engaged in their ultimate quest for survival.

But for those few farmer families whose land is it under the occupation of sea and thronged by all kinds of opportunistic creatures, it is an agonizing affair; the fields which used to nourish their family not only had gone arid, it reminds them of the torment they are made to face from day one the tragedy struck. Non payment of compensation is adding insult to the injury inflicted by the disaster.

The latest press release (The Daily Telegrams dated 29th March, 2012) which says “In order to give monetary compensation for the submerged land to tsunami victims, the Lt Governor of A&N Islands will meet the top functionaries of Home Ministry during his visit to Delhi on 30 March (2012)” speaks volumes about the way things are being dealt. What could be more painful than the fact that even after celebration of 7th Anniversary of the epic disaster, payment of compensation to a handful of those whose land got submerged not only remains unpaid, but remains undecided as on date.

The 11th April earthquake off the west coast of Northern Sumatra refreshed the horrors of the 2004 event. However the promptness with which the A&N Administration responded to the current event indicates the authorities did learn quite a few lessons. But foot dragging in the matter relating to payment of compensation to those farmers affected by 2004 event is discounting the Administration’s effort besides casting serious doubts over its intent!

The Way Out: Adv Sanjay Upadhyay

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

The Way Out: Adv Sanjay Upadhyay

In the 42-page report submitted by Sanjay Upadhyay, he has hinted that the bases of the notification were not provided to the Commissioners by the Administration. He has suggested to lay bare the file noting or the bases of the decision making process and requested the Apex Court to examine the reasons for disagreement as well as the reasons for overruling those disagreements and to reach a fair decision to avoid any arbitrariness that may or may not have crept in the decision making process as it impacts the lives and livelihoods of over one hundred thousand people who have been settled by the State themselves.

On the impact of Buffer Zone on the Islanders, in his report, Sanjay Upadhyay has mentioned that there is no clarity on the extent of land falling within the buffer zone area, since a land to land survey has not been carried out. The owners of commercial establishments as well as farmers residing in the areas notified as the Buffer Zone have and will suffer heavy losses. Yet no move has yet been made to compensate them for such losses.

Adv Sanjay has also taken cognizance of another case pending in the Supreme Court which has not been resolved till date. He felt that the details about the case need to be discussed since the order passed in the matter details on the closure of the ATR. He has widely cited from the various expert committee reports and the Shekar Singh Commission's Report.

Citing the various narratives on Jarawas by the stakeholders, Sanjay says that although the settlers sympathise with the plight of the Jarawa, they also have various objections to the move of the Administration with implementation of the Buffer Zone Notification dated 30.10.2007 as well as the recommendations on closure of the ATR as suggested in the Shekhar Singh Commission Report. These objections, he says that came from both settlers' perspective as well as those pursuing commercial activities especially in the public hearing as well as the written response.

Adv Sanajy in his report says that it is alleged that livelihoods of the majority population of the islands would be hindered if the ATR is closed. Connectivity and communication is only possible through the ATR and the sea route. The sea route is mostly problematic because of infrequent boat services and heavy monsoon season, thus people residing in these islands are languishing. An increasing number of settlers use the ATR as the only means for commerce and transportation. If closed, it would lead to problems for the islanders in accessing education and health facilities. Also, in a disaster scenario, such as earthquake, tsunami or cyclones, the ATR is easiest to travel on. ATR is not a mere 'convenience' but a bare 'necessity' for islanders from rural South, North and Middle Andaman. Further on, it had been alleged that funds which have been sanctioned for the development of alternate sea route was done so without taking into confidence the locals and members of the PRIs.

He also mentions about their drive through the ATR without any fan fare and like ordinary tourists. However, it is pertinent to note that the Administration officials had taken them on second convoy and not the first one, in which mostly tourists ply to Baratang.

As per the proposal for amendment sent to The Secretary, Ministry of Home Affairs, Govt. of India by the Directorate of Tribal Welfare ANI Administration in November 2011 to the PAT Regulation 'Commercial Establishment/ Activities means any commercial establishment other than tourist establishment which may employ more than 20 (Twenty) persons or have annual turnover of Rupees 1 (One) crores.' Anything that does not comply with the above shall be prohibited. This implies that anyone who employs one less person i.e. 19 persons and whose annual income is a rupee less than one crore would be exempted. Adv. Sanjay feels that such criteria where only number of employees and pecuniary limit is set to exempt or allow any activity, seems arbitrary. He suggests a more rigorous and scientific process to be established where the restrictions are more pragmatic based on ethnographical parameters and the real impacts assessed due to any commercial or tourist activity.

Adv Sanjay has criticised about exemption of Govt run guest houses in the Buffer zone. The report says that thus any private investment have been prohibited on one hand where as the Government run guest houses have been totally exempted giving an impression that they need no self regulation. Given the track record of a mixed up policy on Jarawas and other vulnerable tribes it would be unfair to make this arbitrary classification. He has therefore recommended that every tourism or commercial activity be it Government or private be put to strict regulation prior to their establishment

Taking a dig on the confused Tourism Policy, Adv Sanjay says that the tourism policy which aims to develop beach resorts, setting up of tourism circuits and development of 36 beach sites also includes the area in question in South Andaman. He has therefore recommended the Andaman Administration to take a clear stand as regards their policy of involving or not involving private players especially in the context of tourism in the areas in and around the tribal reserve.

He has also recommended implementation of the Island Integrated Management Plan (IIMP) in a time bound manner under the directions of the Court and a special monitoring authority under the National Coastal Zone Management Authority to be specifically constituted for monitoring the development of tourism in the ANI and specially in and around the tribal reserve.

He feels that in the current context where a one size fits all mechanical 5 km Buffer Zone from an unclear and unsurveyed boundary of tribal reserve would be clearly inappropriate. He has suggested an amendment introducing a new buffer concept based on scientific rigor and ethno graphical parameters already been proposed by the new Jarawa Policy. He has recommended that principles already enunciated by the Court to be adapted in the current context and to serve as a guidance to the Administration for a more fair and transparent mechanism of declaring a buffer zone.

He is critical about the mechanical and outright prohibition of tourism or commercial activities citing it to be detrimental to the overall development of the Andaman Islands in the long run as brought out by the various submissions at the Public Hearing. In his opinion requests the Court to put in a strong regulatory authority including a robust multi disciplinary monitoring body to scrutinize every aspect of potential impact of establishing tourist or commercial facilities and provide a detailed self audit framework.

He doubts whether a new proposed amendment to the original PAT Regulation can or should be retrospectively applied? The normal legal position, he cites is that the notifications are prospectively applicable. Such has been the position in all Notifications issued under the Environment Protection Act including the EIA as well as CRZ notifications. In view of the above, he recommends that the Buffer Zone notification be applied prospectively and if current establishments have to be prohibited then adequate and fair compensation be worked out.

From the public hearing and the reading of secondary resource material, he infers that prior to complete prohibition of commercial establishments as well as tourism facilities, minimal or no public consultation was done especially where a totally new concept of "buffer" was introduced which was not hitherto present in the legal instrument.

Jarawa Policy Achieving Good Purpose: Adv. Doabia

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

Jarawa Policy Achieving Good Purpose: Adv. Doabia

Adv. T S Daobia, one of the Court Commissioners appointed by the Supreme Court seems to tow the line of the Admn in all aspects and have even dragged the Jarawa Dance Video issue and supported the Administration saying that it has already taken administrative disciplinary action and the involved police personnel were punished. He further adds that the video of the year 2008 is being re-projected.

He is all praise for the steps taken by the Admn to protect and safeguard Jarawas, and is of the view that the policy decision of 2004 and the later expert reports were achieving good purpose. He observed that the Jarawas appeared to be happy. However, he reiterated that there should not be too much interference in their lives and progress should not be at the cost of destroying the Jarawa culture. Stating that the Jarawas were an intelligent and self-respecting tribe, he accepted the fact that they survived all these years without any outside help but this should not mean that they should be left to themselves. They should be asked to express themselves and what action is to be taken should be in accordance with their wishes.

Surprisingly, there are many interesting and intriguing suggestions being made by T S Daobia.  He is of the view that Buffer Zone has been created to insulate the Jarawa Reserve Area and feels it to be essential as an indiscriminate entry in the sea adjacent to the Jarawa area would reduce the supply of fish to the Jarawas. On the other hand, he feels that the issue as to whether buffer zone was properly created or not is matter on which the Court has to express its views.

On Andaman Trunk Road, he feels that the traffic is well regulated. It moves in convoys.  He suggests separate convoy for the tourists who want to visit the lime caves; and for those who carry and transport essential goods. He also suggests reducing the convoys so far as passenger traffic is concerned. According to him, till alternate route is developed or till the sea route is made operational the Andaman Trunk Road should not be closed as it would affect the livelihood of the settlers who have been settled on the islands for more than 150 years now.  He feels that any attempt to close the trunk road may lead to unemployment.  According to both Commissioners, in the public meetings held at Baratang on 17th February and at Pot Blair on 18th February, 2012 the feeling expressed was that Andaman Trunk Road should not be closed.

On barter system, his observation is that there are unconfirmed rumours that the Jarawas use the barter system, at least for honey and dhup. They prefer to have rice.  Interestingly, T S Daobia has suggested that the barter system should be strengthened and the services of Andaman Adim Janjati Vikas Samiti to be put into use as these persons have access with the Jarawas.

He also suggests strengthening of the Andaman Adim Janjati Vikas Samiti (AAJVS) and suggests police protection for them wherever necessary. According to him, the AAJVS staff appeared to be workers who were dedicated to the job and they need to be given proper encouragement.

He has also advised to have proper plantations of papaya, coconut or banana exclusively for the Jarawas and this should be done with their consent.

As a line of communication has opened up between the Jarawas and the Administration Doabia feels that it would be apt to use their services for protecting the borders. It is on account of Jarawas and other tribes that the islands have remained free from poachers. This is, however, a matter on which policy decision has to be taken by the Government. If possible, their knowledge or protecting the coast line can be utilized with their consent.

As far as tourist activities are concerned Daobia feels that one doesn't have to visit the two resorts. The two resorts are either located in the Buffer Zone or are very close to Jarawa Reserve Area. The Jarawas keep on moving from one area to another. The possibility of the Jarawas visiting these resorts cannot be ruled out and, therefore, this aspect of the matter has to be given due attention. The fact that these resorts have set up to satisfy the curiosity of the tourist to meet Jarawas cannot be ruled out.  There is a need to avoid too much interaction as this has proved to be counter productive in the case of Great Andamanese Tribes.

He also takes a dig on the media and advises that there should be constructive reporting and the issues should not be blown out of proportion.  He also suggests that positive steps taken by the Administration to fulfil Jarawa policy be given due publicity.

Jarawa Buffer Zone: At Crossroads?

THE LIGHT OF ANDAMANS | ISSUE 30 | 20 APRIL 2012

Jarawa Buffer Zone:

At Crossroads?

By Zubair Ahmed

The contentious five-kilometre radius Buffer Zone (BZ) notified by the Andaman and Nicobar Admn around the Jarawa Tribal Reserve had created huge commotion and panic in about 31 villages of South and Middle Andaman. And, in all probability doing nothing good for the Jarawas. Moreover, it is strongly alleged that there have been differences of opinion between the Administration as well as the Administrator on the manner in which the draconian and impractical Buffer Zone has been notified.

In 2007, a Buffer Zone Notification was issued by the Lt. Governor of Andaman and Nicobar Islands declaring five kms radius around the Jarawa Reserve Area from the boundary line starting from Constance Bay in South Andaman to Lewis Inlet Bay in the Middle Andaman as a "Buffer Zone".

Barefoot, a resort at Collinpur, was shut down by the Administration on the basis of the Buffer Zone Notification, which was challenged in the High Court, and the Single Bench quashed the Order, on which the ANI Admn preferred an appeal in the Division Bench, which too was dismissed. Doggedly, the Admn dragged the respondents to the Supreme Court.

The Supreme Court appointed two Court Commissioners Senior Advocate T.S. Doabia and Adv. Sanjay Upadhyay in February 2012 to look into the issue of implementation of the Notification.

The Commissioners made a four-day visit to the Andaman Islands especially the Andaman Trunk Road, Baratang and met the Panchayat leaders of Baratang, Kadamtala and neighbouring areas. They also conducted a public hearing at Port Blair where the majority of the participants complained that it was not well publicized and brought out the concerns of those who could not come from affected villages due to short notice.

The Commissioners submitted two separate reports citing various reasons for omission of a common report. However, Adv Sanjay Upadhyay felt that such omission would only add value to the independent thinking and views of the Commissioners and would help the process of arriving at a fair judgment rather than an impediment of any nature.

Although, both the reports have gone deep into the historical aspects of the issue, it is silent about the current status of implementation of the Buffer Zone Notification, in letter and spirit, as ordered by the Apex Court.

There is wide resentment among the Islanders that a two-member team, oblivious of the depth of issue are sought to make an in-depth report, which will be heard in the Apex Court and a judgement proclaimed. There are innumerable gaffes in one of the reports and one of the Commissioners have even dared to suggest solutions to an issue, which most of the anthropologists still find difficult to comment upon.