The democratic bodies formed under the provisions of the Constitution and laws for protection of SCs and STs are not functioning properly in Odisha. It is a matter of grave concern when public institutions/committees of elected public representatives lack public accountability. Take the example of four important committees of MlAs which are formed under the provision of law and headed by the Chief Minister. They are the Welfare Committee of SC and ST MlAs, the State Vigilance and Monitoring Committee, the State Tribal Advisory Council and the State SCs Advisory Board.
A majority of the members of these committees belong to SCs and STs and excluding the House Committee, all other three committees are headed by the Chief Minister. The ruling party has won majority of reserved constituencies of SCs and STs of the State. The non-functioning of these democratic institutions represented by elected members of marginalized section affects the protection and development mechanism, though few seem to be worried about this. A number of SC and ST MlAs have expressed their grievances on many occasions but nothing has changed substantially in the prevailing situation.
These important committees are supposed to meet regularly to discuss the issues, monitor and review the ongoing programmes and schemes for the welfare of SCs and STs and also to ensure implementation of laws relating to protection of SCs and STs from injustice and exploitation. They are also supposed to discuss possible measures for improving the schemes and present it in the Assembly for wider debate and discussion in the interest of the people of the State.
The resolution and major decisions of these committees in form of reports must be available in public domain for information of public and all concerned stakeholders for comments and suggestions to the Government for its further improvement. But unfortunately, these important committees are not meeting regularly.
There is lack of quality discussion and involvement of the SC and ST MlAs. Besides, there is non-availability of information about the resolution of these committees in the departmental websites for public. It shows lack of political will and seriousness of the State Government about the protection and welfare of the marginalized sections of our State who constitute a majority of the population.
The Tribal Advisory Council (TAC) is a statutory body for States having scheduled area and ST population. Odisha has 45 per cent of the scheduled area and the STs constitute one- fourth of its population. The TAC is headed by the Chief Minister having 20 members and a majority of members are MPs and MlAs elected from scheduled areas of the State.
The committee has a very important role in formulation of policy and to advise the Governor in matter of governance of the scheduled areas of the State but though the committee is in place but experience shows it has almost no role in the matter of tribal development of the State. The basic issues relating to the Tribal Sub Plan (TSP), the PESA, the Forest Rights Act, the District Mineral Foundation, the Compensatory Afforestation Fund Act, the ORV Act and laws on health and education etc are not discussed in the TAC meetings. It shows that the elected tribal representatives have very minimum interaction with the Government on policy issues that affects the development of STs in particular and the scheduled areas in general. The reports of the committee are not discussed in the Assembly or public forums.
Similarly, the State SCs Advisory Board headed by the Chief Minister with its majority of SC MPs and MlAs as members never meet periodically to discuss the issues pertaining to SCs who constitute about 17 per cent of the total population of the State.
The current SCs list cover about 93 caste groups of the State covering a population of 72 lakh and the SCs list continues to increase with addition of new caste groups into its list.
Some of the core issues relating to development of SCs such as violation of civil rights due to continued social discrimination, untouchability and increasing caste-based atrocities against SCs in various parts of the State, land rights, homestead landlessness, agricultural landlessness, FRA violation, distribution of ceiling surplus land , Bhoodan and waste land, issues of sharecropping, distress migration, livelihood and employment issues, representation in education, skill development, employment, ORV Act, and governance issues, health and education, housing and the spending of Scheduled Caste Sub Plan fund etc. are not discussed.
These issues are very vital for the social protection, participation and economic development of the poor landless SC castes living in rural areas.
The third important committee headed by the Chief Minister is the high power Vigilance and Monitoring Committee under the provision of POA Act 1989. This committee has adequate representation of SC and ST MPs, MlAs and State level officials which must meet twice in a year to review the implementation of the law, victims’ access to justice, the criminal justice administration delivery process in place to ensure justice, relief and rehabilitation measures and above all, awareness about law for its most transparent and effective implementation to protect the illiterate, voiceless, rural poor from age old social oppression. The annual report of the committee needs to be discussed in the State Assembly, but unfortunately, such an important committee does not meet regularly as per mandate of the law.
One of the important committees is the Standing Committee on the functioning of the Odisha Reservation of Vacancies (ORV) Act 1975 headed by the Minister of STs and SCs Development. It should meet to review the proper and transparent implementation of the ORV Act in the State which is important from the representation point of view of the SCs and STs and equal employment opportunity in public employment by the State. There are thousands of vacancies in the State Government jobs but no attempt is made to fill in the vacancies of reserved posts. The ORV Act is violated in case of regularization of contractual appointments and outsourcing from private sources. It is denial of right to proper representation and discrimination in public employment opportunity by the State itself. Similarly, there are also many committees headed by senior bureaucrats to monitor and review the schemes and programmes of the Government for SCs and STs but they seldom meet to serve the purpose.
Needless to say, the nonfunctioning of democratic institutions has serious ramifications over governance, polity and socio –economic development of the people.
The elected people’s representatives must look into the issues with all seriousness. The Chief Minister, concerned department and SC, ST MlAs and MPs must take the issue seriously.