Bhubaneswar

Poor K'put tribes' land rights must be protected

PRAFUllA MAHARANA

Tribal economy is characterised as subsistence-oriented. It is based mainly on collecting forest produce, hunting animals and birds and fishing or a combination of all, including shifting cultivation.

Subsistence economy is characterized by simple technology, division of labour, small scale units of production and no investment of capital. The social unit of production, distribution and consumption is limited to family and lineage.

Subsistence economy is governed by circumstances which are beyond the control of human beings like poverty of the physical environment, ignorance of efficient technique of exploiting natural resources and lack of capital for investment.  It also implies existence of barter and lack of trade.

The tribal communities do not halt at any economic stage, but they practice different economic pursuits to eke out their living.  For the communities, land is not just related to economy, but to their social, spiritual and ideological life. 

From geo-ecological point of view, the tribal people mostly possess inferior type of lands in plateaus, hill / mountain slopes and highlands. Plain land with irrigation facilities is relatively scanty.  Therefore, the tribal lands are characterized by low productivity and a majority of them are landless or marginal farmers. 

The process of capital formation among them is negligible. The production process lacks competition.  They almost consume what they collect or produce and there is little scope for surplus social parameters such as rights and obligations.

Even after monetization, mode of exchange continues in interior tribal pockets. Recently, market place exchange has made inroads into tribal communities. They have less command over natural material resources and thereby no scope for resource mobilization. The tribal economy mostly rests on forest. The tribals depend on forest for employment, food, fodder, fuel, wood, housing materials, medicines and recreation.

The tribals are the men of the moment; they hardly think of tomorrow.  It may be found that this is mainly because since time immemorial they have to fully depend upon nature to fulfill their basic needs. Secondly, they now have extremely poor access to resources.

 Within these severe limitations, they too try to maximize satisfaction by using the scare means. In addition to agriculture and collection of forest produce, the tribals depend upon agricultural and non-agricultural wage labour where such opportunities are available.

Odisha is one of the poorest States in India, with an estimated 47 per cent of population living on less than a dollar a day.  A regional and social group-wise analysis of poverty in Odisha highlights the fact that the population in scheduled areas is comparatively much poorer than the population of the nonscheduled areas and that scheduled tribes are the poorest groups. 

In 1999 and 2000, 73 per cent of the scheduled tribes in Odisha were below poverty line as compared to 55 per cent and 33 per cent respectively for scheduled castes and general castes.

The situation in south Odisha is even worse with approximately 87 per cent of the scheduled tribes below poverty line, and the socio-economic indicators in some pockets are worse than in sub-Saharan Africa.

As per the State Panchayati Raj Department sources, the poverty level in Koraput is 82.8 per cent, Malkangiri 81.88 per cent and Rayagada 72.03 per cent. The Economic Survey 2007-08 has indicated the incidence of poverty to be 83.61 per cent and 88.86 per cent in Koraput and Malkangiri respectively. Poverty among scheduled tribes in the southern region has been estimated at 82.80 per cent.  These figures speak volume about the plight of the people of the undivided Koraput region.

Economic empowerment of the Dalits and tribals as a part of distributive justice is a fundamental right. Assignment of land to them under Article 39 (6) is to provide socio economic justice to the scheduled castes.  It has been consistently held by the courts that alienation of Government land allotted to the scheduled castes is in violation of the Constitutional objectives under Article 39 (b) and 46.

The main source of livelihood of the tribals is from the land itself that is either from the agriculture, horticulture, and fishing or from forest produce etc. Until their vital source of livelihood is protected, there will be no hope of their advancement.  Therefore, it is highly necessary to study the relevant legislation made at different periods and analyse the scope of their application in protecting the property rights of the tribals in Koraput region.

 (The writer is faculty member, Jeypore law College, Jeypore, Koraput, Cell: 9438170563)