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.
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