COVER STORY | Interview: HAR MANDER SINGH, IAS Former Chief Commissioner (1972-75)

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

Interview: HAR MANDER SINGH, IAS

Former Chief Commissioner (1972-75)

Prerogative of Govt. to Lay Down Policy on Land and Tribal Rights

Mr Har Mander Singh, IAS was the Chief Commissioner of Andaman and Nicobar Islands from 1972-1975. During his tenure, the Settlement of Nicobarese in Little Andaman came up. The Settlement is named after him. Mr Har Mander Singh, who stays in New Delhi replied to The Light of Andamans through email on a few queries related with the Settlement in Harminder Bay.

What was the rationale behind resettling Nicobarese in Little Andaman, far away from their natural habitat and cultural environment?

I was in the Islands during 1971-74. The Nicobarese population had grown and we needed more virgin land to settle them. On the other hand, Little Andaman Island was still being developed.  It had sparse population and needed more people to settle on it and help its growth.

The authorities thought that the area of what is now known as Harmander Bay in the Little Andaman Island would be suitable for the settlement of the first batch of the people from Nicobar Island, who may be willing to migrate to the new habitat. It would be a beneficial step for both the Nicobarese people and the Little Andaman Islands.  The representatives of the Nicobarese people visited the area and approved of it and the settlement was established. People were happy to settle in new environment

Did you foresee any conflict in the future on land and tribal rights?

One did not foresee any complaint in future about land and tribal rights.  It is the prerogative of the Government to lay down the policy in such matters.

COVER STORY: Harminder Bay Nicobarese Settlement FLASHBACK INTO HISTORY

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Harminder Bay Nicobarese Settlement

FLASHBACK INTO HISTORY

In the year 1972-73, the process of settling about 300 families of Car Nicobarese in Little Andaman was initiated by Andaman and Nicobar Admn. The Admn set on the mission after it felt that the population of Car Nicobar Island had grown to 10000 living in an area of 49 sq miles, which might pose serious space problem for plantations. The tribals were resettled in an Island far away from their natural habitat and in an Island that already had another tribe - Onges. The proposal hit many roadblocks then. After 40 years today, due to lack of proper policy framework, the Settlement faces new challenges. A flashback into the history of the Settlement.

By Zubair Ahmed

  

The Census of 1961 showed the population of Car Nicobar as 10000 living in an area of 49 sq miles. There grew a thinking that the Island of Car Nicobar could no longer provide plantation land needed for the growing Nicobarese population and some "Lebensraum" was needed for these people in other Islands. With this in view, a scheme for resettlement of Car Nicobarese in other Islands was included in both the second and third Five Year Plans of the territory. The scheme, however, could not be implemented because, firstly, the Car Nicobarese showed reluctance to move out of Car Nicobar, and subsequently, insisted on exclusive resettlement in Katchal. The permanent residents of Katchal Island was not favourable to this idea. Moreover, as per policy decision at the highest level in Delhi, no Island should be populated exclusively by one community or tribe. Thus, the scheme of resettlement of Nicobarese in other Islands, although included in the second and third Plans remained paper schemes only. There was stalemate and nobody give thought to the details of the Plan.

Then in January 1970, there was a thaw. Bishop Richardson indicated to Shri B K Halve, CDRC that the Car Nicobarese would also welcome resettlement in Little Andaman. This wish of Bishop Richardson was welcomed by all. As Little Andaman has already been earmarked for development for resettlement of migrants from East Pakistan and repatriates from Sri Lanka etc., concurrence of Dept of Rehabilitation was sought for about the resettlement of Car Nicobarese in that Island. Shri Butalia, Chief Commissioner wrote to Secretary, Ministry of Rehabilitation on this matter in March 1970. Meanwhile the scheme of settlement of Nicobarese in other Islands was again included in the fourth Plan of the territory.

Then began a chain of correspondence between Chief Development cum Rehabilitation Commissioner (CDRC) and Chief Commissioner on the one hand and Ministries of Rehabilitation and Home on the other. It would appear, although the scheme of settlement of Car Nicobarese in other Islands had been included in both second and third Plans, no serious thought was given to it in Delhi. However, when the question was taken up in all earnestness in 1970, both Ministries of Rehabilitation and Home expressed reservations about it. The Ministry of Home enquired whether there has been any promise to Car Nicobarese that their surplus population would be resettled in other Islands. To this the Administration replied that the very inclusion of a scheme in the Plan of the territory for settlement of Nicobarese on other Islands showed that the idea had been accepted by all and this had raised hopes among the Nicobarese and to the extent it was surely a promise which required to be honoured.

An interesting point in this connection is Shri Butalia Chief Commissioner believed that an assurance of resettlement in Little Andaman or Katchal was given to the Nicobarese by Shri D R Chavan, Deputy Minister, Rehabilitation during his visit to the Islands from 25 Dec 1968 to 2 January 1969. But, this belief could not be authenticated by official records.

The Ministry of Rehabilitation raised many questions, two of which are important. Whether Rehabilitation Department's programme of resettlement of migrants and repatriates will be affected and whether there would not be any clash between Nicobarese and Onges.

In reply to the first, it was stated that 'bulk' of the paddy land suitable for resettlement of the refugee families would lie to the North of the imaginary line joining Hut Bay to Jackson Creek. The lands proposed to be allotted to the Car Nicobarese families will be plantation lands and not paddy lands and consequently the Rehabilitation programme in Little Andaman will not be adversely affected.' In reply to the second issue, it was stated that 'the apprehension that the interest of the Onges tribe may be adversely affected and that there may be clash and trouble by settlement of Car Nicobarese families in Little Andaman is without foundation. Bulk of the Onges population is on the northern side of the Island and on the West Coast while the proposed settlement of Car Nicobarese families is on the Southern Side. Both Nicobarese and onges are friendly tribes an there is no reason whatsoever to fear any clash between them.

While all these correspondence were in 1971-72, the idea of settlement of Car Nicobarese families in Little Andaman gained tempo. Because, Chief Commissioner and the CDRC evinced keen interest to it and pressed Govt of India for acceptance. It was also decided to earmark 500 acre plantation land in Little Andaman. The land was located south stream Toilwe. Bishop Richardson was informed and he suggested that some representatives of Nicobarese should first see the land and verify whether it was suitable for them.

By now, Delhi was also seized with the problem. It was discussed in the Central Action Committee meeting held on 4 March wherein the proposal was accepted and that the Administration would work out the time schedule and report to the Chief Commissioner. The Dept of Rehabilitation also indicated to the Ministry that it had no objection for earmarking 500 acres of plantation land in Little Andaman for the Car Nicobarese families. With this green signal further preliminary steps were taken. A team of captains from Car Nicobar visited Little Andaman on 28 April 1972 and the Nicobarese leaders found the land suitable for them.

 It was decided that the area shown to the Nicobarese representatives may be kept reserved for their settlement and the entire area may be demarcated. The Nicobarese had expressed that they would clear the area by themselves. They also expressed they would fell all the trees including commercial timber and the Govt. either by agency or by contractors, could take out the commercial timber from the reclaimed site. They did not want any Govt. offer in the shape of grant or loan for the reclamation of the forests areas. The Nicobarese expressed strongly that each family should be allotted 10 acres of plantation. In addition each family should be allotted one-third acre of homestead. It was decided that each family would get 5 acres for plantation, 3 acres for fruit plants and 2 acres for paddy cultivation. It was also decided that 300 families would be settled in three years.

The decisions were conveyed to Chief Commissioner, who was attending the Central Coordination Meeting at Delhi on 29 April 1972. In that meeting the allotment of 10 acres of hilly land to these families was accepted and CC was asked to frame detailed proposals.

On 19 May 1972, the Chief Commissioner discussed the matter with CDRC and other heads of the Dept. The Chief Commissioner was of the view that the Dept of Rehabilitation (DOR) should bear the expenses for the implementation of the scheme. The CDC prepared a scheme for Settlement at an estimated cost of Rs 10245400/-.

The scheme was forwarded to DOR on 19 June 1972, who instructed CDC on 26 June 1972 that the Ministry of Rehabilitation had nothing to do with the scheme and it would be for A&N Admn to implement it and no expenditure should be incurred without specific sanction of DOR. With such categorical instructions from DOR, the expectation of the Dept of Rehabilitation in implementing the scheme came to an end.

At this critical juncture the position was that while the Car Nicobarese have been aroused by high hopes of immediate resettlement of 50 families, the Dept of Rehabilitation refused to have nothing to do with it. There was only a token provision of Rs 10000/- in the Admns' Annual Plan for 1972-73 for permanent settlement of Nicobarese families under the Sector "Welfare of Backward Classes."

The matter was again discussed in the Central Coordination Committee meeting at Delhi on 29 June 1972 where CC stated that a scheme had been submitted to DOR. However nothing came out of it.

On 11 July 1972, CC called a meeting of all HODs at Port Blair. By that time, he was heavily committed to do something positive for implementing the scheme. He explored possibility of getting funds from various sectors of Administration.

The next few months saw a crucial period of review, discussions and correspondence about finding the resources. Meanwhile on 7 March 1973, the Ministry of Agriculture issued the approval for de-reservation of 500 acres of forest land at Little Andaman to be handed over to the Dept of Rehabilitation. But, as Dept of Rehab had already backed out. And while sanctioning the de-reservation, the Forest Dept had stipulated two conditions that royalty for commercial timbers should be paid for and soil conservation measures should be involved in the cleared area.

On 29 March 1973, after receiving the sanction for de-reservation, 50 Nicobarese families comprising of 150 members were brought to Little Andaman. Two thatched sheds had already been constructed for them. On 6 April 1973, the position was reviewed by the Chief Commissioner. He still desired that the Ministry of Rehabilitation should be involved in this scheme and also wanted opening of dispensary, primary school and other facilities in the Settlement area.

On 28 July 1973, Chief Commissioner Har Mander Singh alongwith Shailaja Chandra, Finance Secretary, Ramesh Chandra, Deputy Commissioner and other officials visited Little Andaman. He travelled with the group on foot for 5 kms to reach the Settlement. He observed that Nicobarese had improved the two transit barracks built for them. They had also constructed a guest house in tribal style and had cleared about 25 acres of jungle land. When he visited, they were busy in the process of making a racing canoe.

The Nicobarese demanded that a road to the Settlement need to be improved. They wanted the supply of equipments and home building hardware available at Hut Bay. They also demanded for a cattle pound to impound cattle of settlers destroying their farms. They complained about labourers killing wild boars in the jungle. The Chief Commissioner instructed the police and forest authorities to take steps to prevent labourers from encroaching on the privileges of the Nicobarese and Onges.

The Principal Engineer, Marine submitted an estimate of Rs 12.95 lakhs for construction of 4 kms road from the Jetty to the Nicobarese Settlement. It was difficult to find funds, so nothing could be done in 1973-74 and the prospects of having funds for the road was also bleak in 1974-75. Therefore, it was decided that instead of having a metalled road, the bad patches on the existing footpath will be repaired and the culverts constructed. For this purpose, PE (Marine) wanted Rs 4.95 lakhs which was also difficult to come. APWD could only spare Re. One lakh out of its funds in 1974-75. PE (Marine) was asked to go ahead with the work restricting the expenditure to Re. One lakh during 1974-75.

Although the Nicobarese were brought to Little Andaman with huge fanfare, they had been left in the lurch with so many administrative intricacies and financial sanctions. For more than 5 years, there was no road, dispensary or schools. Moreover, their lands were not regularized.

On 14 May 1976, when SM Krishnatry, Chief Commissioner met the Captains in Car Nicobar, they sought his intervention in many problems faced by the Nicobarese in Little Andaman. They complained that the land of the families was not regularized. However, they made some commitments which are very interesting. They acceded that they would abide by the Govt. instructions and orders as may be issued to them regarding their territorial limits to which they could go and that they will have to confine themselves to the area allotted to them and should not trespass into the remaining Onge Reserve, not even for contacting Onges or for hunting and they will have to carry out the provisions of the Protection of the Tribal Regulations. They agreed that they will comply with such order.

On 26 Oct 1976, in the Home Minister Advisory Committee meeting, the Home Minister made it clear that further felling of forests without thorough examination of environmental and ecological aspects and formulation of a well considered policy was out of question.

The proximity of the Onge tribal too came into question, when the Nicobarese demanded additional land and the Chief Commissioner did not press the Home Ministry as his predecessors had been doing.

"For a while there were considerable tension and a great deal of bad blood. The development of facilities and roads promised to them did not materialize for a long time. And, moreover, the land remained unrecognized and as unauthorized possession," wrote Kiran Dhingra in A & N Island in Twentieth Century - A Gazetteer.

The looming issues still remain to be sorted out. The Nicobarese in Little Andaman continue to be second-class tribals without proper land and forest rights.

COVER STORY | Forest Dept and Tribals: At Odds?

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Forest Dept and Tribals: At Odds?

By Zubair Ahmed

Figure 1Forest demarcation map- source FD Hut Bay

Every state has its own forest laws, but Andaman and Nicobar Islands stands apart. Every state has its own Tree Act, once again, we stand different. No tribes in India have been exempted from using forest resources except indigeneous tribe of the Islands.

We still follow the Indian Forest Act 1927 and Indian Wildlife Protection Act 1972.  These Acts provide for the protection of forest, wild animals, birds and plants; and for matters connected therewith and it extends to the whole of India, except the State of Jammu and Kashmir which has its own wildlife act. Andaman and Nicobar Islands do not have its own Forest, Wildlife or Tree Preservation Act. But, the tribes - Nicobarese, Shompens, Jarawas, Great Andamanese and Onges have been exempted from the Acts for utilizing forest and wildlife for their bona fide use.

The Jarawa Tribal Reserve, which is also Forest Reserve, is clearly demarcated with identifiable boundaries. The entire Nicobar Islands excepting the 'Settlement Area' on Great Nicobar Island are Tribal Reserves. By also being Reserve Forests and Tribal Reserves, and given the exemption from the Indian Wildlife Act 1972, the indigenous Islanders are allowed use of natural resources for their bonafide use and not for any commercial use with non-tribals. Therefore by being both Tribal Reserves as well as Reserve Forest it excludes only Non Indigenous Settlers or visitors from any use. Great Nicobar Island has these manifold classifications. Tribal Reserve, Reserve Forest (2 National Parks- Campbell Bay National Park and Galathea/South Bay National Park to the South- both within the core of the Island, excepting the Galathea National Park which extends to the mouth of the river, the beach of which is an important leatherback sea turtle nesting region) and is also a Biosphere Reserve- the only one in the A&N Islands

Figure 2: ANET map, not to scale

The tribes of the Islands are the natural owners of the forests as well as the land where they inhabit. After Independence, the legal custodian of the forests is the Forest Dept. Conflicts between these two guardians - one natural and other legal had been cropping up at different intervals in Nicobar as well as the Nicobari Settlement in Harminder Bay, Little Andaman time and again. The recent incident of transfer of a DFO from Little Andaman has something to do with it. In fact, the transfer had the watermark of an influential timber and sand mining lobby, although, the reason on file is the conflict between the Nicobari tribe and Forest Dept.

Little Andaman is unique for its geographical as well as demographical composition. It's the only Island, where two tribal communities - one Onges and Nicobarese - share same reserve and settlers also inhabit the Islands. Onges were settled in South Bay and now in Dugong Creek after the Tsunami. A settlement of Nicobarese from Car Nicobar was settled in 1972-73 in Harminder Bay, on the Southern side of the Islands. Bengali Refugees from East Pakistan also have settlement from Hut Bay to 28th km at Vivekanadapur. The entire Island was once placed under the Ministry of Rehabilitation as a part of their "Special Area Development Programme." The Administration would not have envisioned any conflict in Harminder Bay, when they settled Car Nicobarese families in 1972-73.

However the recent incident in Little Andaman has raised many questions about the status of forest land and tribal land. Speaking to The Light of Andamans, a senior forest official said that the status of forests in Nicobar is not safe. He said that natural forests are being replaced with coconut plantations. There are no land records in Nicobar, which makes it very difficult for identification of forest land from village land. It is however a fact that when the govt settles Nicobarese into the interior, of course the plantations for livelihood will also come up. Until this happened, all plantations were along the coast which is preferred for coconut in comparison to interior soils/forest.

"Why land rights are not settled properly?' he asked. He blamed the Nicobarese of exploiting the forests and said that good is not happening with forests in Nicobar. Another blunder that the Forest Department did was the creation of a loss making oil palm plantation, as well as monocultures of rubber plantation on Katchal Island. Moreover, why the Forest Rights Act is not implemented in the Islands is a mystery in itself, which comes under the purview of Forest Department.

Figure 3: ANET map, not to scale

However, Agni Mitra, DFO, Nicobars differs. He told LOA that they do not object sand mining for bona fide use of the tribals. "We have a serious problem in Car Nicobar and Nancowry where the village boundaries are not clearly demarcated," he said.

Manish Chandi, a researcher in Central Nicobar says that Nicobarese have their own way of self-regulations with clear demarcation of forest land and plantation space under ownership by various joint families. Forest is used for basic livelihood requirements and is regulated by the Tuhet System traditionally through permissions sought from Tuhet heads or known owners, though with the changes that are coming about via the tsunami rehabilitation confusions are also arising. He also added that in the entire A&N Island territory, only Nicobarese of Chowra plant native trees used for fencing gardens in a sort of shifting cultivation system. And, to extract timber from the Tribal Reserve, they have their own rules and regulations which they strictly follow. When asked, whether Forest Dept has any clear role in Nicobars, he said that Forest Dept has very minimal role in Nicobars, as the land is largely managed by Nicobarese themselves. The Forest Department has a role to protect the forests from non tribals largely as well as to ensure the Forests rights of the indigenous tribes.

However, Simron Jit Singh, another scholar who has worked among the Nicobarese in Central Nicobar says that there is some sort of ambivalence in the relationship between the Nicobarese and the forests. While forests offer a source for hunting and gathering, the Nicobarese strongly feel that forests do not belong to them. Anything that looks like a forest - which is not a coconut plantation - will be taken over by the Forest Department. In the past, rubber and cashew plantations were taken over in Katchal and Kamorta. After the tsunami, one of the efforts at livelihood diversification was the planting of cashew trees - that the Nicobarese could eventually sell in the market when the trees start fruiting. The agricultural department supplied cashew saplings and asked them to be planted under cash for work scheme. These were planted on the grasslands, with one cashew tree centred between 4 coconut trees. There were two reasons for this. One, they thought that Nicobarese would not support anything resembling a forest for fear of the land been taken away by the forest department. Second, the Nicobarese burn grasslands just at the onset of the rains. It was hoped that if the cashew tree was planted around coconut trees, the Nicobarese would not burn the grassland, as they valued coco trees very highly. However, the assumption was wrong. In the very first season, the grassland was burnt along with it the plantations. 

Simron Jit concluded that the ownership of land is more important to the Nicobarese, even if it is not a forest. And they know that coconut plantations offer them more security in terms of subsistence as well as ownership than forests do. Especially after the tsunami, the forest department imposed a lot of restriction on the use of forests, oddly also to use timber for construction of their homes, and also fallen biomass for cooking. There was big reaction to this, and distrust towards the forest department. Theoretically, this leads to a very common problem elsewhere in India, as in many other countries - the question of land tenure and security. When people don't feel they have ownership of the commons, they tend to misuse it.

"Nicobarese in central Nicobar burn their grasslands for renewing it. It is now observed as a ritual now and has no functional use as more than 90% of the houses are not thatched with grass but tin; grass is a resource for thatch for not just the beehive huts but also long houses of Terassa and Chowra. The ritual is conducted to renew the grass from year to year and still continues with the only function being ritualistic celebration and welcoming the onset of rains and indicating the need to renew kitchen gardens. Managing grasslands with fire is a practice not exclusive to the Nicobarese, but across many tribal systems the world over, which are only now being understood for their ecological role in maintaining these ecosystems" said Manish Chandi.

The issue is totally different in Harmander Bay, where Car Nicobarese families were settled. The existing Onge tribe and refugees from erstwhile East Pakistan was also settled in the same Island. In the ANPATR 1956, the tribal reserve on Little Andaman is reserved only for the Onges. No separate demarcation has taken place for the Nicobarese settled from Car Nicobar. Now, the Tribal Reserve is common for both Onges and Nicobarese. One tribe is primitive whereas Nicobarese, as claimed by the Administration is mainstreamed. There is very clear reflection of Nicobarese domination over sharing of forest resources by the Onges. "Onges are still foragers and more connected with forests for their subsistence, whereas Nicobarese rely on plantations. But, they too go to the same reserve for hunting and fishing," said a staff of AAJVS. "The expansion of the Nicobarese Settlement is totally unchecked and it is widely affecting the ecological equilibrium," he added.

Speaking to LoA, Fred Lavie, Captain of Nicobarese in Harmander Bay Settlement said that they have no idea about the boundaries of their Reserve. "However, we don't go to the Forest area, as the Dept has marked some trees to indicate the Forest Reserve," he said.

"There has been no fresh allotment for the expanding Nicobarese population, even though the settlement has increased manifold," Fred said.

During the initial years of the Settlement in Harmander Bay, on 14 May 1976, SM Krishnatry, Chief Commissioner had met the Captains in Car Nicobar where they sought his intervention in many problems faced by the Nicobarese in Little Andaman. They complained that the land of the families were not regularized. However, they made some commitments which are very interesting. They acceded that they would abide by the Govt. instructions and orders as may be issued to them regarding their territorial limits to which they could go and that they will have to confine themselves to the area allotted to them and should not trespass into the remaining Onge Reserve, not even for contacting Onges or for hunting and they will have to carry out the provisions of the Protection of the Tribal Regulations. They agreed that they will comply with such order.

In Car Nicobar, they enjoyed the land and space and now they were put in a place where they were to abide by the territorial limits and confine themselves to the area allotted to them, and in case of violation, they would have to face the provisions of the Protection of Tribal Regulations. This kind of contradiction in the policy

Everyone echoes same sentiment that without proper demarcation of Forest Reserve from Tribal Reserve, especially in Little Andaman, it would be a difficult task for the Forest Department to act or exercise their mandate.

COVER STORY | Raj Niwas v/s Van Sadan

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Raj Niwas v/s Van Sadan

By Zubair Ahmed

 The haste with which Raj Niwas acted on the DFO issue too raises many questions. On the file, the Lieutenant Governor writes that anti-corruption may submit their report on the issue and meanwhile, the DFO should be transferred from Little Andaman. The order of transfer was issued by Satish Mathur, Secretary to LG from Raj Niwas instead of Van Sadan. What was the interest of Satish Mathur who showed superfluous interest in the case? Why the case is referred to anti-corruption is another mystery.

The case instead of going to PCCF for taking action was dealt directly at Raj Niwas and was informed to the Addl PCCF instead of the PCCF.

There is a very visible rift between the top echelons of Forest Dept and the ANI Admn. For the first time, the Islands have two Principal Secretaries for Forest and Environment and Wildlife. DV Negi, PCCF, it's learnt is not in the good books of Raj Niwas. The Admn, is in a quandary with many of its vital tourism projects held up for environmental clearances. Without proper homework and half-hearted efforts, when the proposals are sent for environmental clearances, the files get held up for want of proper information, which is unavailable with the Admn.

To overcome the log jam, overriding the desk of DV Negi, the Admn found a new shortcut - installing Shashi Kumar, PCCF, Wildlife as Principal Secretary, Environment and Science & Technology. The stake of many bureaucrats in the tourism projects go beyond their brief. In fact, they have a stake in the projects, which need not get the expected impetus from the Dept of Environment and Forest, as they are doing their mundane job.

Speaking to The Light of Andamans, a senior forest official said that if the Bureaucrats need any forest produce for their own use, they will go out of their way and plunge to any level to achieve it. Why can't they show same kind of interest in the official matters?

COVER STORY | Little Andaman: Replay 2002?

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Little Andaman: Replay 2002?

By Zubair Ahmed

 On the way to Nicobar transporting three Houdies (Nicobari Canoe) made from timber extracted from forests of Little Andaman, a Nicobari tribal from Harmander Bay, is stopped by the Divisional Forest Officer and asked to produce the permit. The houdies are confiscated and detained in their village. The issue flares up. Matter is reported to Tribal Council. The Council gets in touch with Raj Niwas and demands immediate action. The Divisional Forest Officer Mr Yeshurathnam IFS is transferred.

It looks like a plain case of harassment of tribal and the action taken by the Raj Niwas is also seen as a welcome step by everyone. There is not much hue and cry from any quarters. The issue seems to have been dealt in a very professional manner. The message from Raj Niwas is very loud and clear - Anyone harassing tribals will not be spared.

Is the matter as simple as that? From the very outset, a series of questions remain unanswered. By playing the tribal card the lobby behind the whole episode achieved the unattainable task with a splendid finesse.

A decade ago, in May 2002, Supreme Court had come down heavily on the Islanders with its crucial judgment, which turned into a nightmare for them. It had a drastic effect on the usage of forest resources for bona fide purpose of the Islanders. However, unaware of the root cause the Islanders started blaming the groups which had approached Supreme Court. Was it the fault of the environmental groups which landed in Supreme Court?

Pix courtesy: Pankaj Sekhsaria

The Islanders still remains unaware that the Order had something to do with Little Andamans. Uncontrolled exploitation of forest resources by the Forest Development Corporation on the behest of one Administrator had its devastative effect on the Island. Unfortunately, after 10 years of the verdict, the situation in Little Andamans remains unchanged. Players might have changed, but the game continues unhindered.

It would be shocking to find out, the quantity of sawn timber and sand exported from Port Blair to Little Andaman after tsunami for the construction and rehabilitation work. How and where did the Contractors manage the timber and sand for construction of about 1000 permanent shelters in Little Andaman?

Only for eyewash, a little quantity of sand and sawn timber was imported from outside. All the timber required for construction was extracted from the forest and sand mined from the Island itself. If, it has not affected the ecological equilibrium, why can't the Admn go for the Little Andaman model and forget about the hassles concerning scarcity of construction materials?

After tsunami, two DFOs placed in Little Andaman were more concerned about their own welfare and the well-being of their higher ups rather than the forests or wildlife. The contractors had heyday when these Forest Officers ruled the roost. Both of them enjoyed absolute power and protection from Port Blair.

With astute and crawler DFOs placed at the disposal of the insatiable contractors in Little Andaman, and the needs and demands of the higher ups in Secretariat as well as Van Sadan taken care of, who cares a hoot about the forests and the unique biodiversity being disturbed and damaged. Meat of wild boar and even crocodile reached Port Blair with their connivance. And, the contractor mafia had field day during the last six years, which was hindered by Yeshunathan, the DFO who has been transferred recently, when he tried putting an end to the rape of the environment.

However, in the shadow of tribal rights over forests and natural resources, a mafia which played the cards very stupendously could make the vanishing act of a Forest Officer, who had become an eyesore for them. With the recent decision to open up sand mining, Yeshunathan would have become a major obstruction for the lobby, who smoothly removed him from their path.

Yeshurathnam IFS, the Divisional Forest Officer of Little Andaman has been transferred and placed in a very insignificant post somewhere in Chatham or Van Sadan, and nobody questions why he got axed. It was all a blown-up tribal issue, which required the attention of none other than the Lieutenant Governor.

The officer who in a very short span of time had turned the tide and was able to clean the mess that Little Andaman had turned into, however, could not find any support from his own department.  Legally too, Yeshurathnam acted as per the Indian Forest Act, which does not give any exemption to anybody to cut trees from Reserve Forests. But, when Raj Niwas, is more concerned about a phone call from Sonia Gandhi chastising them about the status and rights of tribal, why would they come out to the protection of one officer, who is dispensable.

COVER STORY | Gram Sabha: Too Little Too Much

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Gram Sabha: Too Little Too Much

By Staff Reporter

Gram Sabha meeting is the last thing a Pradhan would convene if not for these being the principle planning and auditing forum in the Panchayati Raj System. The essence of a Gram Panchayat lies in a proactive and participatory Gram Sabha meeting. The 73rd Constitutional Amendment has empowered the Gram Sabha's with indisputable powers but its essence has not percolated down to the masses in rural areas. Streamlining the conduct of Gram Sabha meetings do not feature in any demands by the PRI's or the Administration of these Islands as it involves the voice of the common villager. The PRI's are more drawn towards self-interest or to the issues of a few lobbies who aide or abate their interests. The Administration on the other hand looks for ways and means to keep the PRI's in a mode where they do not overtake it or its bureaucracy.

Ideally a Gram Sabha meeting would be convened on a day when all its members would have an opportunity to attend it. It calls for one tenth of the total members for a quorum or else it is adjourned for another day. In majority of the Gram Panchayats of our islands asking for a quorum in a Gram Sabha Meeting is asking for too much. This state of affairs sadly reflects the lack of awareness or the interest of our grass root masses in community development matters. This has been brought about largely by the absence of senior level or even zonal heads of departments in such meetings. Convening these meetings on a week day or a holiday gives the officials a reason to refrain from attending them irrespective of the fact that it is done for greater public participation. These meetings though are of paramount importance but absences of officials who matter do not offer any solutions to the problems faced by the villagers. Junior level officials who do attend these meetings at times do not have the mandate to offer solutions except for the promise of taking it up with higher officials of their department. This promise too is difficult to keep as it would generally expose their shortcomings to the higher ups. The Administration on its part would routinely issue a customary diktat for its officials to attend the Gram Sabha meetings, at the same time not bothering to act upon the Gram Sabha proceeding served at its desk.

Apart from attitude of the officials it's the Panchayat Pradhans, Panchayat Samiti, Zilla Parishad or ward members and general public who are also to be blamed for this apathy. Majority of times, these meetings turn out to be a melee between the ruling PRI representatives and the rivals. Future leaders take siege of the forum and engage the Pradhans in needless arguments wasting precious time meant to transact important Panchayat business. The common villager becomes a mute spectator and sees an already hard pressed for time forum turn into a commotion. This improper conduct of the meeting gives ample opportunity for the PRI representatives and the Panchayat secretary to come out with a proceeding as per their whims and fancies. Works are proposed to benefit a few influential or like-minded citizens from the comforts of their offices rather than through open discussion. Similarly annual budgets and fund utilisation are passed and confirmed. Common villager is made to feel happy with the refreshments served other than adding a signature or a thumb impression on the meeting register.

Govt. of India empowers the Gram Sabha's as the principle planning body in implementation of all its centrally sponsored schemes meant for rural masses. It is mandated to approve the grass roots plan for all development issues in a bottom up approach. Built in mechanism in all government expenditure at the grass roots level calls for social audit by the Gram Sabha's. The common masses should come up and own this responsibility for conduct of a transparent and successful Gram Sabha meeting. There must never be a situation where public participation in these meeting becomes a constraint as is the case now. An inclusive agenda wise discussion is to be ascertained so as real community development issues are addressed on priority. Monopolising or dominating individuals in obstructing the conduct of a Gram Sabha meeting are to be countered by the public. Erring or absenting senior officials to be instructed by the administration to give weightage and attend these meetings for on the spot resolving of grievances and development issues or be severally reprimanded. Two Gram Sabha meetings as per the requisite timelines are to be convened annually as one of the mandatory pre-requisite for release of funds to the PRI's. Greater awareness and sensitization of the Gram Sabha members are to be undertaken about the importance of Gram Sabha meetings.

COVER STORY | Order No. 790: NIGHTMARE?

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Order No. 790: NIGHTMARE?

By Staff Reporter

Majority of the Panchayati Raj Institution's representatives may not remember their house number but the number 790 comes on their lips with great regularity. Order No. 790 dated 29 October 2010 of the Administration regarding rearrangement of existing posts of Engineering/ Technical staffs of PRIs gives them unwarranted nightmares on being left without any control over their engineers. There is not much to this order but our PRIs dwell at length about it and consult innumerable experts for suggestions to thwart it. Breaking party lines in unison our PRIs have expressed concern about it and even approached their respective political bosses for a solution. Several petitions were developed and court cases planned but none have seen light of the day. This is the effect of spell our longest serving Administrator holds over them.

A blue eyed boy of the Admn A Neduncheziyan, ex-Additional Secretary cum Director RD, PRI's & ULB's, A&N Admn along with his coterie of experts from various fields' drafted order No. 790. He succeeded where many others failed including a now retired lady Jt. Secretary and a few Secretaries (Panchayats) of the Administration. He drafted another nightmare for the PRI's in the form of a notification on Grant-in-Aid to Panchayati Raj Institutions (Amendment) Rules, 2012 with the help of the same coterie of experts. He was given an assignment to cleanse the rot in the system. He was not here to make the Panchayats work, but whatever they do; they need to do it diligently with utmost accountability was his stand. From his coterie of co- drafters of 790 is a benefactor for whom another power centre has been created in the form of Executive Engineer (PRI). The palatial EE (PRI) office renovation misendeavours at Junglighat were overlooked by him citing CPWD manual. His approach was in creating safeguards for govt. servants who end up getting their service records tarnished while the elected representatives go scot free in cases of misappropriation.  Despite unwarranted nightmares he was accorded best possible farewell by the PRI's on his transfer with no dearth of superlatives showered upon him. Neduncheziyan had left these Islands reluctantly as he had hoped for a longer stay because of the love and affection he extracted from the PRI's on account of new found power he wielded. 

Prior to 790, order No. 560 came about in 2001 with the view to strengthen the PRI's by creation of posts for Engineering/Technical staff. This followed framing of recruitment rules by the Administrator in 2001 and 2003 where the senior posts were filled up by transfer or deputation from APWD and junior posts were filled by direct recruitment by Zilla Parishad. Eventually the system disrupted following litigations lead by some power hungry politicians and technocrats who have started misusing these institutions. Engineers turned power brokers started calling the shots at the Zilla Parishad with entire PRI's at their mercy. The Zilla Parishad was on a collision course with the Administration necessitating a move by the Administration to rescind the recruitment rule of 2001 and 2003 by merging all the post of Engineering/Technical staff of Zilla Parishad with APWD in 26 Dec 2008. This created a fear Psychosis among the junior technical staff about their seniority and future prospects who contributed towards legal expenses. This was stayed by Calcutta High court within a matter of days on 07 Jan 2009 led by the powerful Zilla Parishad Engineering lobby of that time. Status quo was maintained on service related matters.

In came NABARD Consultancy evaluation report which exposed the gaping holes in the delivery mechanisms and flouting of rules by all powerful Engineering wing of the Zilla Parishad and PRI's. The third Finance Commission report also recommended that each tier of Panchayat should function independently for better deliverability of services to the masses. This presumably necessitated the need for order No.790 in 2010 making the Engineering staff accountable to their Panchayat Secretaries/Executive officers and Chief Executive officer for Gram Panchayat, Panchayat Samiti and the Zilla Parishad respectively. The elected representatives felt helpless for assuming not to have any say in the functioning of the Engineering staff. PRI's can still call all the shots provided their intentions are clear. The whole plan of works is proposed by them. Funds are allocated for these works by them and no payments are issued without their signatures. The schedule of rates issue to cut out delays in execution of projects by EE (PRI) has been sorted to an extent with the AE at Samiti level being granted power within his limit in a recent meeting held on 28 July 2012 by the Administrator. PRI's need to think out of the box and not fall into traps laid down by the once powerful and now side-lined Zilla Parishad engineering bosses. Institutions cannot be dependent on particular individuals for delivering performance.   

COVER STORY | Grass Root Democracy: Impasse Unlimited

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

COVER STORY:

Grass Root Democracy:

Impasse Unlimited

The PRIs have failed to come to terms with some of the provisions contained in a notification that sounds great in principle but lacks practicality. On one hand each tier has been made independent bodies with enhanced financial powers on the other hand they have been embroiled into hassles on the garb of rules and safeguards. The end result is delays in execution of works at the ground level and hindrances in day to day functioning of the PRIs.

By Staff Reporter

Grant in Aid to Panchayati Raj Institution (Amendment) Rules, 2012 was painstakingly drafted by the Administration and notified on 20th January 2012. The PRI's have failed to come to terms with some of the provisions contained in the notification. According to them most of it sounds great in principle but lacks practicality. On one hand each tier has been made independent bodies with enhanced financial powers on the other hand they have been embroiled into hassles on the garb of rules and safeguards. The end result is delays in execution of works at the ground level and hindrances in day to day functioning of the PRI's.

In last PRI election majority of young individuals have been elected to various posts. They like their predecessors have set themselves goals and targets to achieve. For the majority of them development is synonymous with a few civil construction works. For a PRI representative there are several other issues which need to be addressed like Education, Health, Sanitation, Revenue, Environment, Connectivity, Villager's entitlements, Employment, Income generation, Sports, Social and Cultural issues. Baring some, these issues don't take centre-stage for most Pradhans. Govt. of India has made them integral to the planning and implementation of its various safety net initiatives. Since inception of the PRI system in the Islands a lot has been achieved but the days ahead demands much more. There were instances where some PRI's indulged in large-scale corruption and gross mismanagement of resources at their disposal. There are also instances where officials have misguided the PRIs to further their personal agendas. This has given the Administration enough reason to bring in changes and safeguards to curb this menace. The present crop have come to hold office in a day and time when the administration has made matters not so easy for them with shortages and escalating prices of building materials to carry out development work.

The PRI's have been unanimous in pressing for amendments or modification in certain clauses of the recent Grant in Aid Rules 2012. This amendment was in contrast to a Draft Amendment which was placed before the PRIs on 22nd July 2011. The PRIs were not happy with the consultations, claims and objections to this amendment as all their concern were not taken care of before publishing the notification of 20th January 2012.  They have been meeting several officials ranging from Director (Panchayats) to the Lt. Governor. The contentious issues remain unresolved since January 2012. In a recent minutes of the meeting held on 28 July2012 at Raj Niwas under the chairmanship of the Lt. Governor issued on 05 Sept 2012 some issues like engagement of Contract JE's for electrical and mechanical works, empowerment of AE to follow schedule of rates within their limits, problems in execution of emergent works through muster rolls directly, non-availability of bitumen, relaxation in submission of audit report by cooperative societies, delays in issuance of NOC were discussed and directions issued. A meeting was held with the delegation of the PRI's and the Lt. Governor at Raj Niwas on 06.11.12 with their issues. Acting upon it D N Singh, Secretary cum Director (Panchayats) met PRI's at Panchayat Samiti, Ferrargunj on 07.11.12 and the same sets of issues affecting the PRI's to execute works were placed before him.

Secretary cum Director (Panchayats) D N Singh in the meeting with the PRI's at Panchayat Samiti, Ferrargunj informed them that he was impressed by the awareness level of the PRI's in the Islands. He admitted that we don't live in an ideal society; there is distrust among various wings of the PRI's, we should have a positive outlook on issues. He was of the opinion that no individual is more important than an organisation; a common point should be arrived at. Each individual thinks differently, one is happy when things are OK and criticise when things go bad.  He said that Govt. funds are not meant for individual beneficiaries and further opined about the rationale behind introduction of roaster system for Cooperative societies. He however was not philosophical on the PRI's monthly honorarium issue and assured to look into it with a positive intent. Under Rajiv Gandhi Panchayati Raj Sashashtikaran programme on devolution of power, suggestion from all PRI's will be called for and a workshop is to be conducted by Nov. end 2012.

Panchayat representatives are vocal in their criticism of EE (PRI) who has emerged as a new Power Centre impeding the efforts of Gram Panchayats or Panchayat Samities with delaying tactics and interpreting rules as it suits him. This has caused innumerable delays and stalling of projects for the PRI's on whimsical grounds. Construction of retaining walls and footpaths has been put on permanent hold by the EE which has lead to a serious underutilisation of funds by the Panchayats. 'Our islands topography and climatic conditions are such that retaining walls are a must. Moreover if the Gram Sabha proposes a work for a single beneficiary and his life is in danger- how can we not include that work?' says- Mohan Halder, Pradhan Tusnabad.  'When the notification says that land should be free from all encumbrances, why wouldn't an NOC from Tehsildar suffice to execute a work? The EE (PRI) presses for setting apart of the land by the Tehsildar under 153 LR. This is a time consuming exercise and delaying tactics by the Engineer' says Mohd. Safiq, Pramukh, Panchayat Samiti, Ferrargunj.  'We have to face the Gram Sabha meetings and wrath of our electorates in failing to fulfil their development needs. The administration should ask its EE (PRI) to attend Gram Sabha's and directly answer the queries of our public' added Bharat Sharma. Panchayat Samiti member, Humphrey gunj.  A few Pradhans even said that days prior to Order No.790 were better than the present times as there were less hassles and better engineers then compared to the present setup at EE (PRI).

"An estimate is pending for inspection since one and half years by the EE (PRI) for his Panchayat. How can we expect to work in these circumstances?' rues Adinaryan, Pradhan, Shorepoint.

"Directly recruited Junior Engineers and Panchayat Secretaries have no promotion channel," says Abdul Aziz, Pradhan, Stewart Gunj. "They have been stagnating in their post for over a decade. Their RR's need to be changed and they be given better prospects to work with us and kept motivated. There is also severe shortage of manpower and vacancies are to be filled on priority for the Panchayats to deliver the desired services to the masses," he added.

Apart from the engineering woes the PRIs are also plagued with issues of low honorariums as compared to the Municipal Councillors who are paid five times more. "My husband is employed in the postal department in a small post, I can't ask him for daily conveyance for various meetings and cover my huge constituency. My honorarium alone does not allow me to cover my expenses for public works," said Anima Roy, Panchayat Samiti member Ferrargunj.

Going by the views of the PRIs and officials it appears that the logjam will continue for times to come. As some issues get resolved newer issues will surface, hope the common masses don't continue to suffer in this impasse.

EDITORIAL: Beyond Ten Degree Channel

THE LIGHT OF ANDAMANS | VOL 36 | ISSUE 04 | 15 NOV 2012

EDITORIAL:

Beyond Ten Degree Channel

In the recently held IDA Standing Committee Meeting, the Admn stated that the Nicobarese tribe have been successfully mainstreamed and integrated with non-tribal civilization and are now educationally advanced. Many interventions have been initiated by the Admn to uplift their livelihood prospects. Coconut Mission, Fruits and Vegetable Mission and establishment of Village Tribal Councils, elected by the villagers are a few initiatives of the Admn.

It is a daunting task to gauge the aspirations of a tribal community like Nicobarese. In many spheres, if we have succeeded, there are many aspects where our interventions have been utter failure. With the advancement of the tribe, new vices or the methods of the so-called civilized population has slowly crept into their lives. The Tsunami compensation initially divided the concept of Tuhet, and ingrained in them the concept of nuclear families. The shelters constructed were reluctantly accepted by them, as it did not serve their purpose. The mainstream educational system, which revolves around high scores and seats have not made a mark among the children.

Elite among the tribal society controlled by non-tribals exploits them to the hilt. The role of cooperatives which although harped as grand success stories are totally cartelized. The reports emanating from Nicobar on the role of EHL are not very encouraging. The tribals complain that they are not paid the minimum support price for copra fixed by the Govt. Moreover, it stalls all efforts of the Govt. to provide better cargo transportation facilities to Nicobar group. The case of rejecting MF Samsun by Nicobarese is not due to the discomfort level or the issues of berthing facilities, but to stall vessels with higher capacity which effects the business interests of EHL owned ships. In the bargain, the gullible Nicobarese has to suffer.

The Village Tribal Councils, recently introduced to bring democratic practices to the Islands, are still in its infancy stage. Moreover, there is a wide divide between the old family heads or Tuhet system and the Village Councils. The old system still holds more power and authority over issues concerned with land utilization and developmental activities, whereas the Admn interacts with the Village Captains.

The Coconut Mission, acclaimed as one of the pilot projects which would change the face of Nicobars is another superfluous capital-intensive project, which has no takers in Car Nicobar. The implicit assumption, reflected by officials is that Nicobarese are lazy. On the contrary, they are extremely hard working, but only in the kind of work they are interested in. Making money is not a priority in their culture, and most of them will not make extra efforts if the object is just to make money. If it fits culturally into their way of life, they will do it.

It should also be borne in mind that the 'coconut forest' type of cultivation practiced by the Nicobarese gives far higher yields than the so-called 'scientific' management prescribed by agricultural universities. While yield per tree may be lower, the number of trees per hectare is far higher. The pilot plots that earned the Deputy Commissioner national award are in a total neglect today, as spoon-fed projects disconnected from their culture won't find any takers.

The same sentiments were reflected when the Lieutenant Governor had stated the urgent need to popularize vegetable and fruit dietary habit among the Nicobarese as if they haven't been living a healthy life before our intervention.

Before taking the plunge with new ventures, a new language needs to be developed to understand their mindset and discard the one-way communication system, which has time and again proved ineffective.