The overall situation of STs in Odisha has not improved much. Rather reports from various sources continue to depict a negative picture. It shows the lack of power of the marginalised groups to counter the hegemonic exploitation and oppression against them.
The failure of the Government to protect the vulnerable communities is weakening democracy and questioning the inclusive character of the Government. It is a matter of concern that crime against STs in Odisha continues unabated in various forms. The State ranks third in the country after Rajasthan and Chhattisgarh in incidence of IPC crime against STs in NCRB’S report ‘Crime in India 2015.’ The NCRB data for the year 2015 shows that Sundargarh, Bolangir and Mayurbhanj districts have 859 cases of crime against STs registered and the 5th Scheduled district Sundargarh is heading the list with 445 cases which is second highest in the country after Udayapur of Rajasthan. In Bolangir and Mayurbhanj, 198 and 177 cases respectively were registered. These reported cases were booked under IPC and do not include the atrocity cases under SCs and STs (PoA) Act.
The rate of crime against STs during 2015 shows the crime rate in Odisha per one lakh ST population is 14.5. The police and courts in the criminal justice system continue to exhibit a very poor service delivery status. It is reported that out of total 13,655 cases of crime against STs investigated by police in 2015, charge sheets were submitted in 8,050 cases only. It is reported that total 30, 489 cases of crime against STs were for trial by court in the country during 2015 whereas in only 4,894 cases, trial was completed with conviction of only 1,349 cases. The conviction rate was only 27 per cent. The status of Odisha has been below national average. This shows the functioning of the protective mechanism under constitutional procedure for the most vulnerable communities of our country who are historically marginalised for their different social status. It is fact that many crimes go under reported in different parts of the State. They could be double the reported crimes. It is due to social exclusion and restricted access to judicial systems by the poor and marginalised that crimes go unreported.
Crime against STs is largely linked to their socio-economic condition, political and legal literacy and above all, the governance system of the State. Odisha is one of the most backward States with one fourth of the population belonging to STs. The three districts of the state featured in the crime list are tribal dominated and constantly getting attention for varieties of issues such as displacement, fake certificate and distress migration of its ST population.
The Sundargarh district is a 5th scheduled area having 51 per cent of STs population. There have been major mineral extraction and industrial activities impacting over the local population, especially STs. During last 50 years there has been huge displacement and loss of land and forest based livelihood of the natives. Due to iron ore, manganese, dolomite mines, commercial and business activities, the non-tribal population has been increasing in the district which poses a threat to the scheduled status of the district.
It is reported by State SCs and STs Development Department that fake ST certificate are issued to non STs to avail the benefits for STs. This has been depriving the genuine candidates of their constitutional rights at the same time. The State Government has set up high level official committee to monitor such cases but unfortunately there are thousands of cases found in different parts of the State. The southern RDC division and district of Bolangir have more number of such cases and the local tribal outfits have been raising this issue for a long time against the issue of fake Adivasies. The district of Bolangir with 21.05 per cent tribal population has been in news for extreme poverty, unemployment and huge distress migration of its inhabitants.
The district of Mayurbhanj with 58.71 per cent tribal population has been facing huge unemployment and migration problem. land alienation, deforestation and distress migration are major structural issues which still remain unaddressed. The tribal leaders in ruling parties are not focused on basic structural issues of STs. The issue of ownership of forest and revenue land has not been settled in favour of STs who have been there since generations.
The crime in tribal areas is mostly linked to land issues. The ongoing socio-economic changes in the tribal districts have been largely impacting over the socio-legal condition of the area. The resistance movements of STs and other marginalized poor have continued at micro level in many parts in various forms for rights, dignity and survival but these movements are largely disjointed and lack visibility at State level. Not only Sundargarh but the STs of whole of Odisha and particularly in the 5th scheduled districts have been deprived of their constitutional guarantees and state protection mechanism has been very insignificantly contributing in ensuring justice. It is being seen as the failure of the State in ensuring good governance and law and order. On the other side, the development programmes for STs is also subject to many limitations. The issues of child and mother health, malnutrition, food insecurity, lack of primary healthcare, sanitation, drinking water, connectivity, health and education facilities have not yet been inclusive of the whole population. There are interior parts and PVTG a majority of who are in poor socio-economic conditions. But their plight has not been ameliorated.
A vast majority of STs is illiterate and unorganized. There is lack of legal literacy among masses and a majority of the poor and illiterate people is unaware about the legal system and procedures. The reservation policy has enabled very few of STs as members of Parliament, Assembly and Panchayatraj institution and fewer are in the Government jobs. Their presence in police, judiciary and legal professions is insignificant. They have to depend on non-tribals to fight their cases. The police stations, court rooms, Bar councils need diversity and inclusion of different social groups, especially the STs. A major problem to ensure justice and limiting the crimes against STs is the poor implementation of provisions of the constitution, policy and laws and programmes by the existing institutional mechanism. The law enforcing institutions such as ministry, tribal departments, NCST, exclusive special courts and legal aid agencies are in deficiency of adequate well trained human resources and infrastructure for timely and effective implementation. The outreach of such institutions is limited to very few populations and majority is ignored. The legal service delivery system of the State needs improvement in many respects. The enforcement of rights needs a strong institutional service delivery system under the provisions of law and it is the prime duty of the State to ensure quality functioning of such institutions.
(manasbbsr15@gmail.com)
