To Hon’ble Smt Droupadi Murmu
Rashtrapatiji
Respected Rashtrapati Ji,
Kindly refer to my earlier letter of 10th, February, 2023 addressed to you (https://countercurrents.org/2021/06/appeal-to-president-of-india-refer-the-lakshadweep-issue-to-national-commission-for-scheduled-tribes/) appealing for your intervention to pause the unilateral measues being taken by the Lakshadweep administration, against the letter and spirit of the Presidential Regulations pronounced under Article 240 of the Constitution.
The latest development in this regard seems to be certain far reaching changes being made by the local administration vide its order dated 25.10.2023 in respect of the Presidential regulation on land, namely, the Laccadive. Minicoy and Amindivi Islands Land Revenue and Tenancy Regulation of 1965 promulgated under Article 240 of the Constitution,
Considering the fact that the residents of the Laksha Dweep and other adjacent islands have been notified as a Scheduled Tribe, decisions proposed to be taken that affect their lives, either by the Union or the local administration, shall not be taken without prior consultation with the National Commission for the Scheduled Tribes (NCST) under Article 338A(9). Evidently, no such consultation has taken place.
The said unilateral decision would dispossess hundreds of local tribal residents from around 2475 Acres of “Pandaram” lands, held by the tribal natives for more than 100 to 140 years.
The spirit underlying Section 83 of that Regulation is to facilitate the local administration to uphold and regularise the long-standing occupation of the native residents to improve their well-being, not to subject them to displacement, the consequent loss of livelihood and deprivation of the right to live in dignity. I would not be surprised if the intention underlying such a regressive step is to take away the Pandaram lands from the native tribals and hand them over to outsiders in the garb of “tourism projects”.
In fact, in 2019, the Union Ministry of Home Affairs held a formal consultation with the NCST as required under Article 338A(9) to bring about changes to protect the occupancy rights of the native tribal holders/ possessors of Pandaram lands and the NCST accepted that proposal at their 118th meeting held on 27-8-2019 (https://ncst.nic.in/sites/default/files/copy_of_minutes_of_meeting/2917.pdf). It is unacceptable that the local administration subsequently should reverse that decision, without any consultation whatsoever with the NCST.The contention of the local administration seems to be that Pandaram lands are government lands on which the native tribals are in occupation as leaseholders. However, such leases have been renewed from time to time and the leaseholders have been in occupation of such lands, by virtue of their occupying the lands for generations. As such, they cannot be summarily evicted nor their rights as long-term occupants be extinguished.
In the absence of any consideration on the part of the local government for the rights of the tribals, the latter are being forced to approach courts for relief, imposing heavy costs on them. Any responsible administration ought to have reached out to the native tribals, rather than forcing them to seek judicial intervention involving time, effort and heavy costs.
According to the information I have, If the local government goes ahead in that direction, it will adversely affect 3117 residential houses, 1,52,871 coconut trees, 431 commercial buildings, 663 other structures, 70 religious establishments and 5090 other plantations in 5 major islands. Around 20,000 people will be displaced and 25,000 rendered landless. By any stretch of imagination, it will disrupt the lives of the islanders on a large scale.
I therefore appeal to you, respected Rashtrapati Ji, to intervene urgently in the matter and refer it to the NCST for their considered views. Pending such consultation, the local government in Lakshadweep and adjacent islands may be advised not to go ahead with the impugned order in order to safeguard the interests of the native tribals.
The well-being of the native tribals of the islands is of paramount importance.
Respectfully,
E A S Sarma
Former Commissioner (Tribal Welfare) in Andhra Pradesh &
Former Secretary to the Government of India
Visakhapatnam
