Change minority law in Chhattisgarh: NCM

New Delhi, Aug 19: The National Commission for Minorities (NCM) wants a change in a Chhattisgarh law that was allegedly being used for harassing tribal Christians in the state.

Taking note of various complaints of the tribals belonging to the community, the Commission has demanded a change in the Land Revenue Code of the State or its meaningful interpretation to enable the community to set up social and educational institutions.

Vice Chairman of the Commission Michael Pinto told the sources that according to 170(B) of the Code, land owned by a tribal cannot be handed over to a non-tribal.

Any society created by the tribals is being considered as non-tribal by the administration. The law requires anyone in possession of such a land acquired between 1959 and 1980 to communicate this to the SDM.

''The intention of the Section is very noble as it is aimed at preventing the land of poor and illiterate Adivasis from going into the hands of vested interests, but the way it was being interpreted and used was creating problems for the people there,'' Mr Pinto said.
Once any transaction with a non-tribal is reported to the SDM, he will conduct an inquiry.

After conducting an enquiry, the SDM will decide whether the transaction is valid or fraudulent. The local Christians alleged that the law was being selectively used to prevent them from setting up schools and dispensaries that could cater to the needs of their community.

''It is obvious that an individual tribal did not possess enough resources to set up these institutions on his own, so he has to form some society and transform the land in its name for setting up the institution. But what was happening is that formation of any such society is being considerd illegal by the state administration taking excuse of the provisions of the clause 170(B) of the code,'' said Mr Pinto.

A few months back, the SDM ordered return of a school land to the original owner and withinh 36 hours of the order it sent bulldozers to demolish the building without waiting for those who were ordered to implement the directive to do so, while under the law, 48 days are allowed to carry out the order.

When the Minorities Commission pursued the matter, the state chief minister ordered departmental inquiry against the SDM but eight months have passed and so far nothing has come out of that inquiry, he said.

Mr Pinto said a few months back, he along with another member Dileep Padgaonkar had visited the Jashpur district in the state after the Commission received complaints from there. It held public hearings on March 27-29 in Jashpur, Pathalgaon and Bilaspur at which several tribal Christians alleged that the administration was implementing the Chhattisgarh Land Revenue Code, 1959, in a one-sided and high-handed manner.

The attitude of the district administration had led to a polarised situation in a region which had so far been very peaceful. It had created a sense of insecurity among the tribal Christians.

The Commission members were told by tribal Christians that they were not capable of setting up schools or hospitals themselves and therefore, handed over their land to societies formed exclusively of fellow tribals for the benefit of the whole community. The administration told the NCM team that the law did not allow such societies to be treated as tribal, hence tribal property could not be transferred to such societies. Only Adivasi individuals, not societies, could own the land.

Though their argument may follow from the strict wording of the Section, it should be seen that the law does not defeat the very purpose of its existence, said Mr Pinto.

''If an adivasi wants to set up schools and hospitals for the benefit of the whole community and he has to set up a society for this purpose, should he be prevented from doing so by recourse to a provision of the law that was intended to protect him from exploitation?,'' he sought to know.

He said it was also brought to the notice of the Commission that the administration had not taken any action under this law against other communities, including non-tribal ones.

According to official statistics, 87 per cent of the cases initiated under Section 170 (B) after October 2007 are against Christian institutions.

''The Commission team could not say whether this figure is out of proportion to the Christian population in the district since the district officials were unable to provide the relevant census data'', said the Vice Chairman.

Mr Pinto said the Christian tribals had also complained that, contrary to the letter and spirit of the Act, cases were initiated against them even when land transactions had taken place before 1959 and after 1980.

He said the Government should take note of these developments because if a section of the people feel they have been marginalized and have no stake in the future of the country they could be exploited for anti-social purposes.

''A first step to prevent such a scenarion from developing is to suitably amend Section 170 (B) of the CG Land Revenue Code or to interpret it in the widest possible manner,'' he stressed.

UNI