FIRST TIME IN INDIA

ANTHROPOLOGY MAGAZINE
By: N.P.Kishore
MAINS SPECIAL
 CASE STUDIES
 SPECIAL FOCUS ON PAPER-II
 Chapter wise & Topic wise
 Must Study

Anthropology Test Series

 Tier-I 40Tests (34Topicwise test +6 Comprehensive Tests) @ Rs. 16,000/-

 Tier-II 16Tests (10Topicwise test +6 Comprehensive Tests) @ Rs. 14,000/-

 Tier-III 10Tests (6Topicwise test + 4 Comprehensive Tests) @ Rs. 10,000/-

 Both Online and Offline

 One to One Feedback

 Evaluation in 4-5days
 Topic Wise Case Studies for Paper-I & Paper II and Current Affairs

Paper-I

S. No. Unit Topic Case study No.

1. 1.7 Cell Division 1
2. 9.1 Human Genetics 2
3. 9.8 Epidemiological Anthropology 3-10

Paper-II

S Unit Topic Case Study No.

NO.

4 1.1 Harappan Culture 11-12

5. 5.2 Linguistic and Religious Minorities and their social, political 13
and economic status

6. 5.3 Media and Social Change 14-16

7. 6.1 Bio-genetic variability, linguistic and socio-economic 17-20
characteristics of tribal populations and their distribution.

8. 6.2 Problems of tribal communities-land alienation poverty, 21-48

indebtedness, low literacy, poor educational facilities,
unemployment, health and nutrition.

9. 6.3 Developmental projects and their impact on tribal 49-70

displacement, development of forest policy and tribal’s,
impact of urbanization and industrialization on tribal
population

10. 7.1 Problems of exploitation and deprivation of SCs, STs and 71

OBC, Constitutional safeguards for STs and SCs

9. 7.2 Social change and contemporary tribal societies: Impact of 72-82

Modern Democratic Institutions, development programmes
and welfare measures on tribal and weaker sections.

10. 7.3 Ethnic conflicts, unrest amongst tribal communities, 83

regionalism and demand for autonomy, pseudo-tribalism

11. 8.1 Impact of Hinduism, Buddhism, Christianity, Islam and other 84

Religions on Tribal Societies

13 Miscellaneous (Current Affairs) 85-117

Case Study 1: Decoding how leptospirosis bacteria interact with human proteins
By studying proteins from leptospirosis-causing bacteria and the human body, researchers have identified the
key pathogen-host protein interactions that are responsible for the development of the disease.
By using a wide range of advanced bioinformatics and mathematical models, the team was able to narrow down
to 35 interactions between 13 bacterial and 35 human proteins that may hold potential for vaccine development. A
total of 145 well-characterized proteins from the bacteria and 493 proteins from the human body were analysed to
draw the conclusion.
Leptospirosis is one of the emerging zoonotic diseases and causes almost 60,000 deaths every year as there is
currently no preventive vaccine for humans. The researchers studied the proteome (entire protein set)
of Leptospira interrogans— the most vulnerable species — and the proteome of human beings.

Interaction network
They analysed the inter-species and intra-species protein interactions and constructed a pathogen-host interaction
network which was further studied using mathematical models to identify the key interactions.
Out of the 586 pathogen-host protein interactions, 35 were identified as key interactions. “When we get an
infection, the whole protein network system in our body is disturbed. We tracked the bacterial proteins and found
that they are directly attacking the proteins associated with the immune system in our body,” says Swapnil
’Kumar who is first author of the paper published in Scientific Reports.
Also, two outer membrane proteins and two periplasmic proteins of the bacteria which take part in the
interactions were found conserved. These proteins target human proteins involved in functions such as signal
transduction, antibacterial humoral response, cell cycle and cell division. This signifies that these proteins can be
explored further for effective and novel therapeutics and vaccine development.
“Validations of the findings are under way in mice model,” says Dr. Jayashankar Das, the corresponding author
of the paper from the Gujarat Biotechnology Research Centre, Gandhinagar.

Case Study 2 : Experts call for greater awareness of genetic health, disorders
Emphasise on efforts in rural areas, screening and counselling, and need for government initiatives
Creating awareness of genetic health, especially in rural areas, and early diagnosis and counselling are extremely
important to tackle genetic disorders, experts said at a panel discussion here.
During the discussion, Dr. Hema Purandarey, founder-director, Centre for Genetic Health Care (CGHC); Dr.
Priya Kadam, programme director, MedGenome, a genomics-based research and diagnostic company; and Dr.
V.L. Ramprasad, chief operating officer, MedGenome spoke about genetic disorders and the severity of medical
conditions caused by them.
MedGenome also announced during the discussion on Saturday that it has taken over the management and
operation of the CGHC in Mumbai, and plans to set up genetic health labs across the city.
Dr. Purandarey said, “Genetic disorder is not always a birth disorder; it is multi-disciplinary. What we do here is
focus on prevention and detection, and providing counselling pre- and post-detection.”
She also spoke about her struggle in setting up a genetic diagnostic facility in India and how she started it as a
Birth Defect Centre, which later turned into a full-fledged centre providing counselling and diagnosis.
“We also started genetic services in rural areas, educating them about [genetic health], and started training and
collaborating with local medical doctors. This helped us in our research, categorising regions from the data we
gathered from these camps based on most common genetic deformities that prevailed in the particular area,” Dr.
Purandrey said. For instance, the most common genetic disorders in the Sindhudurg region in Maharashtra are
clubfoot and chromosomal disorders.
Talking about Down Syndrome and thalassaemia, which are the most common genetic disorders in the country,
Dr. Purandrey said, “[Intellectual disability] is preventable if the diagnosis is done at birth. With appropriate
genetic counselling, [the patients] can have a good life too.”
She named one of her patients, Gauri Gadgil, as an example. Ms. Gadgil went on to win a silver medal twice at
the Special Olympics and the National Award for Empowerment of Persons with Disabilities.
Speaking about the common conception about genetic disorders in India, Dr. Ramprasad said, “Spreading
awareness of these issues is a must, especially in rural areas. People think it’s some sort of curse on their family
instead of trying to understand the medical aspect of it. Although the State and Central government have started
many programmes to prevent infant death, genetic diseases and related deaths are still not a priority.”
He said endogamy and consanguineous marriage practices, still prevalent, increase the risk of children born with
genetic disorders.
“Any person who marries a total stranger with no relations to their community has a 1% risk of their babies being
born with a genetic disorder. But marrying in one’s own community, which basically comes from the same
genetic pool, increases the risk to 6-7%,” Dr. Ramprasad said.
Dr. Kadam said there is no specific time to undergo genetic testing. “Genetic screening and counselling will help
people make informed decisions, be it a pregnant mother or soon-to-be married partners,” she said.

Case Study 3:‘Lack of cleaning in brain cells causes Alzheimer’s’

A weakened cleaning system of the brain cells in animals and humans is central to developing Alzheimer’s
disease, according to a study which may lead to new treatments for the neurodegenerative disorder.
Researchers, including those from the University of Copenhagen in Denmark, found that improving mitophagy —
the cleaning system of the brain cells — nearly removed the symptoms of Alzheimer’s in the animals.
Scientists around the world are still struggling to understand Alzheimer’s better in order to treat and potentially
prevent the development of the debilitating disease in the future. No new medications have been approved in
recent years.
The study, published in the journal Nature Neuroscience, may lead to new treatments for the disease by targeting
the mitophagy process.
“When the cleaning system does not work properly, there will be an accumulation of defective mitochondria in
the brain cells. And this may be really dangerous,” said Vilhelm Bohr from the National Institutes of Health in the
US.
“At any rate, the cleaning system is markedly weakened in cells from both humans and animals with Alzheimer’s.
And when we improve the cleaning in live animals, their Alzheimer’s symptoms almost disappear,” Mr. Bohr
said.
The researchers looked more closely at the cleaning process in brain cells from deceased Alzheimer’s patients, in
Alzheimer’s-induced stem cells, and in live mice and roundworms with Alzheimer’s.
In addition, they also tested active substances targeted at the cleaning process in the animal models.
“It significantly strengthens our results that the cleaning process seems to be important in both human cells and
across animal species. It is encouraging that in living animals, we are able to improve the central Alzheimer’s
symptoms involving memory and learning,” said Bohr.
Mitochondria live inside cells and can be seen as the cell’s energy factories. Mitophagy breaks down defective
mitochondria and reuses their proteins.
It is known from previous research that dysfunctional mitophagy is associated with poor function and survival of
nerve cells, but so far, no connection with Alzheimer’s has been shown.
In both Alzheimer’s and other states of dementia, there is an accumulation of the proteins tau and beta amyloid in
the brain, leading to cell death.
In the new animal models, the researchers show that when boosting mitophagy, this accumulation will slow
down.
The researchers believe that their findings indicate that the cleaning process is a potential target for the treatment
of Alzheimer’s, which should be further investigated.
They plan to start clinical trials in humans in the near future.

Case Study 4: Stem cell lines to study familial Alzheimer’s disease

When many members are affected, genetic risk may be easier to detect
Dementia affects about 3.7 million people in India, which is 1% of population aged above 60. This number is set
to increase as the population ages. There is a need to study Alzheimer’s disease more widely in the Indian
context. A collaboration of scientists drawn from NIMHANS, NCBS and InSTEM has characterised two
representative human-induced pluripotent stem cell lines (iPSC) from families with incidence of Alzheimer’s.
The cell lines can now be used to further research into dementia and related disorders. The study was published
in Stem Cell Research.
Island of ignorance
“Neuro-psychiatric diseases represent a large ‘island of medical ignorance’. Shining a light on this area of
darkness using all the tools available is essential,” says Dr. Sanjeev Jain of National Institute for Mental Health
and Neurological Sciences, Bengaluru (NIMHANS), a member of this collaboration. “The lines generated have
been deeply characterised, and preliminary data confirm that they mimic disease-relevant attributes which can be
used as proxy readout to understand disease mechanism in a dish,” says Dr. Odity Mukherjee of Institute of Stem
Biology and Regenerative Medicine (InStem), Bengaluru. The cohort from which the human iPSCs are drawn are
well characterised: that is, the clinical symptoms, MRI studies, neuropsychology and family history for these
subjects have been well documented. “So we are reasonably sure about the nature of the mutation that we have
detected,” says Dr. Jain.
Genetic risk
This work is now extended as a part of the DBNS (Discovery Biology of Neuropsychiatric Syndromes) study
which identifies and follows up many families who happen to have many members diagnosed with one or the
other syndrome of psychiatric illness. When the disease affects many members in a family, the genetic risk is
higher, and may thus be easier to detect.
“Identifying the shared genetics and then trying to understand how the genetic change translates itself into disease
is the current work,” explains Dr Jain. “It’s a bit ambitious! But we are hopeful that with our clinical data, and
scientific skills, we should be able to make some meaningful contribution,” he adds.

Case Study 5:‘India’s challenge will be fighting non-communicable diseases,’ says Prathap C. Reddy
The Apollo Hospitals chairman on the growth of private health care, Jayalalithaa’s illness, and
expectations from the Modi government
As Apollo Hospitals celebrates the 35th anniversary of its founding, the group’s chairman, Prathap C. Reddy, is
looking ahead to make the most of the global advances in medical technology rather than choosing to rest on past
laurels. In this conversation, Dr. Reddy speaks on the need for increased government spending on health, the right
pricing strategies for the soon-to-be-launched Central scheme of Ayushmaan Bharat, and the scope for medical
tourism in India.
On the private health-care model:- Thirty-five years ago, it [private health care] was never considered as a
doable model. It was just the charitable and government sectors that were providing health care. However, India,
which did have medical institutions on a par with the best in the world, fell back because of lack of upgradation of
infrastructure for over 30 years.
In November 1979, I lost a patient who was only 38 years old. I had referred him to Houston for cardiac surgery
and he died because he could not raise $50,000 to go abroad for the procedure. That shattered me. I wondered,
how can we bring those facilities to our people, so that they don’t have to pay that price, or keep dying.
At that point, hospitals were not allowed funding from banks. However, after a lot of lobbying, the then Finance
Minister, R. Venkataraman, on instructions from Prime Minister Indira Gandhi, gave us an order that allowed us
to borrow to set up one hospital — 50% from banks, 50% as a foreign exchange loan. It was later, under Rajiv
Gandhi’s premiership, that relaxations came in for hospitals to be funded like any other trade. He also granted tax
allowances for health insurance. All this helped us and the industry.
Simultaneously, we need to recognise that the doctor is important, continuous training on the job is essential, in
order that he gives the highest calibre of skills to the patient. We have parameters and protocols for patient safety,
reduction of morbidity and mortality in place.
Apollo was the first to bring to India international hospital accreditation and certification with Joint Commission
International (JCI), and we also helped create the Indian version — the National Accreditation Board for
Hospitals and Healthcare Providers. Today, there are 32 hospitals in India with JCI accreditation and 480 NABH-
accredited hospitals.
In 2017, the size of the Indian health-care sector was estimated at $160 billion, and is projected to grow to $372
billion by 2023. The hospital sector alone was worth $62 billion in 2017, and is expected to grow to $133 billion
by 2023, with the private sector accounting for about 74%. There are around 40-45 million admissions per year in
private hospitals in India.
As far as the Apollo group is concerned, we are expanding to Tier 2 cities, and we are now in education, training
of doctors, nurses and technicians, the pharma industry, and healthcare insurance too.
On non-communicable diseases:- The biggest challenge for India is going to be the imminent explosion of non-
communicable diseases (NCDs) — they are going to kill. By 2020, diabetes will raise its ugly head; as of now,
China has the highest number of diabetics in the world, but at the rate at which we are going, we are bound to
catch up in a few years. We are the cancer capital of the world, the stroke capital, heart disease capital of the
world... We don’t need these medals. Young people are collapsing and dying of myocardial infarctions, and the
protection that we believed young women had against heart disease seems to be eroding too. Data show that by
2020, NCDs will have disastrous implications, and by 2030, it will be just catastrophic.
There is a World Economic Forum study that says the world will spend $30 trillion by that time [2030] and
India’s share of that would be $4.8 trillion. Here, we are battling to raise the health allocation to at least 3% of the
GDP from about 1.5%.
But the solution to all of this is early detection and prevention. Cancer, for instance, is no longer a death sentence.
I wrote to Prime Minister Narendra Modi, suggesting that in four years it is possible to treat all cases of cervical
cancer. Use the Accredited Social Health Activists appointed at each village level to do simple identification [to
see] if a woman has cervical cancer and refer her to the Primary Health Centres for therapy.
We are also planning to launch a massive prevention effort, which we will roll out soon.
On the Ayushmaan Bharat scheme which envisages providing government-sponsored health coverage for
families across the country based on income criteria
It is a wonderful thing to say the government is giving some protection for you. It is the first attempt by the
government to get into a public-private partnership, and we see it as that.However, what they have promised will
require more money than what we are told will be sanctioned. We don’t know, they may allot much more money
during the launch and we may be happily surprised.
My concern here is the possibility that standards may go down. There is a particular price point below which
whatever interventions you provide, the possibility of losing lives is high. In the U.S., it used to cost $50,000 for a
cardiac surgery. We have now brought it down to $4,000, and Narayana Hrudayalaya [Bengaluru] has brought it
down to $3,000. One reason for this is that we do a large number of beating heart surgeries (about 98%) which
cost less, and where the recovery is much faster for the patient.
I don’t think we can look at the business side of it if they pay only, say, ₹90,000 for a cardiac surgery. Where do I
cut costs? Our results [for cardiac surgery] are on a par with the Cleveland Clinic in the U.S. In fact, for two years
running, our Hyderabad hospital had a 100% success rate for coronary bypass surgeries.
We will do some of these surgeries, of course [under Ayushmaan Bharat]. We have an obligation to do some in
Delhi. Even here, we’ll do a certain percentage for genuinely poor people.
On price control for coronary stents:- Last year the government slashed the rates of coronary stents by a huge
percentage. This year, it revised marginally the cap rates for some types of stents. The government should have
given patients some options, even as they reduced the price of stents to give more patients access to them. This
has removed the choice that the patient and the doctor used to have, in picking what they think is best, particularly
when affordability is not a factor. If a patient has a block and wants us to put in the best stent available in the
world, then we should give him that choice. Beyond that, with the depreciation of the rupee, importing stents is
hardly viable, with this policy.
On medical tourism: Apollo brought the first medical value traveller to India. Today, over 3.5 lakh persons from
over 150 countries visit India every year for treatment. [Data presented in the Lok Sabha earlier this year
indicated that the Ministry of Tourism’s estimate was 4.27 lakh people in 2017.] People now know that in India
they can get the best quality of care at a mere fraction of the cost they have to pay abroad.
But just as things were going wonderfully well, the government hiked the medical visa fee for patients and
attenders. Also, while patients could come in on a tourist visa earlier, they need a valid medical visa to seek
treatment in India now. On the other hand, countries such as Singapore, Thailand and Malaysia, more recently
even Korea, are trying to woo patients with easy entry formalities.
On the Arumugasamy Commission constituted to conduct an inquiry into former Tamil Nadu Chief
Minister Jayalalithaa’s death
It is very clear that we did the very best for the person, not only because she was the Chief Minister, but also
because she was very sick. Frankly, during the first 48 hours, we thought her chances were zero. But then she
improved and we were able to control the infection. However, she developed a simultaneous heart valve issue,
along with respiratory distress. She was not in a position to have surgeries and had several co-morbidities,
including diabetes and hypertension.
She had a cardiac arrest in front of the doctor, who did everything immediately to bring her back. Even on the
ECMO [to support the heart and lungs], she did not come back. We are competent, and every kind of expert was
there at hand to assist in treatment.
On technology in healthcare
Technology has done a lot for healthcare; it has a significant role in the advancements in treating patients. We are
currently working on a product that will provide an artificial intelligence-driven clinical protocol to bring out the
best outcomes in a patient and make predictions based on clinical inputs fed into it.
As a hospital we have also striven to get the latest technology, sometimes as pioneers. We order products that will
be state-of-the-art not when we sign the contract but will be the latest in the market on the day of installation. We
are fortunate to have been able to stay with the best in the trade for so long. Our Proton Centre, that will be
inaugurated in Chennai at the end of the year, will be one such modern station for treatment of cancers.
Top three requests for Prime Minister Modi: Primarily, take action before the huge tsunami of non-
communicable diseases destroys our families and our youth. Look at both prevention and treatment options for all
NCDs.
Secondly, provide adequate protection for doctors. Doctors want to do the best for the patient, but sometimes they
are in the position of making crucial decisions when the patient is critically ill. If the patient does not make it,
then people rampage through hospitals. Protect doctors, and hospitals — treat destruction of hospital property as a
non-bailable offence.
Finally, the demand-supply gap in healthcare is still huge; the government should encourage people to establish
new infrastructure. We need new hospital beds; now, for instance, we have 1.1 beds per 1,000 people, while the
global average is 2.7 and the WHO recommendation is 3.5. We need to work towards increasing that, and
increasing the doctor-patient ratio as well.

Case Study 6: Knowledge as the first remedy for Sickle Cell Anemia
Sickle cell anemia, also known as SCD is an inherited blood disorder caused by abnormal hemoglobin – the
oxygen-carrying proteins in the red blood cells. The distorted red blood cells are fragile and die sooner than
regular ones, preventing oxygen from flowing properly through the body.
According to the World Health Organization, each year more than 100,000 children worldwide die from
the disease before the age of five. In Nigeria, the worst-hit country, roughly 150,000 babies are born with it every
year. Ignorance about the disease and a lack of funding are major challenges. But with proper prevention and
treatment, it is possible to survive it.
Alhaja Laguda, age 92, is the oldest woman living with SCD in Nigeria. She said that being sick while growing
up was particularly difficult. She was often too sick to attend school for more than three months a year. In the
quest to find a cure for an illness people attribute to supernatural causes, Laguda was given all sorts of
concoctions from local tribes. “I just took everything they gave me,” she recalled. “They would cut me on every
part of my body, but I put up with it because I wanted to live.”
The disorder can cause everything from acute pain to anemia, swelling of extremities, bacterial infections and
strokes – most of which can be prevented or treated when diagnosed early. Abimbola Edwin, who comes from a
well-off family, recognized the disease as soon as her daughter, Timilehin, began manifesting the symptoms at
four months of age. Timilehin is now 29, and has suffered much less than if her mother had not been educated
about the risks.
Toyin Adesola, Founding Executive Director of the Sickle Cell Advocacy and Management Initiative (SAMI),
has lived with sickle cell for 53 years. For her, early detection can make all the difference. “Currently we wait up
to two years – or when the symptoms appear – to start a treatment,” she said, adding that Nigeria is behind other
African countries in terms of early prenatal and newborn screenings, due to lack of proper facilities. “Prenatal
screening is very expensive,” she added. “People with low incomes cannot afford it. It’s easier to do with
newborns, and public hospitals are supposed to do it.”
Although Adesola’s pain has left her physically challenged, she’s determined to help others. Her foundation aims
to prevent SCD’s prevalence through awareness campaigns – helping people know their genotype and get
diagnosed, which is not always easy. “A lot of people mistake genotype for blood group,” she said, adding than in
many cases, people are misdiagnosed. “We tell people to go to at least three places to carry out the test.”
SAMI helps parents who are often emotionally and financially overwhelmed by the disease. The organization
offers free genotype testing when possible, and runs a free clinic in Lagos, where it is based. Adesola said, “The
whole aim of this is to act as an intermediary between the hospital and the person with sickle cell, because we
find that, due to lack of funds, a lot of people don’t do anything about the illness until they deteriorate and
complications arise, and then we spend a lot of money or we lose the person.” However, she noted, funding
remains a serious limitation for the foundation, too.
Adesola said that other diseases, such as cancer, tuberculosis or malaria, often receive more attention and funding
from the government and organizations, who tend to neglect the issue of sickle cell. She noted that the latest
statistics for the sickness in Nigeria date back to 1993.
These indicate that around 4 to 5 million people are declared to be living with the disease, a number that has
surely gone up since then. Furthermore, many families keep it a secret.
Doris Gbemiloye, popularly referred to as Mama Genotype, created the Genotype Foundation. UNICEF, she said,
stipulates that every child has the right to know his or her genotype. “We try to educate people at a young age
because our major focus is prevention. For years we have been going to schools to run genotype tests for them
free through sponsorships and donations, and the more we meet them the more they are being armed with
information.” Despite the foundation’s limited means, it manages to carry out its work in cities and rural areas.
“We have a monthly meeting where we give [beneficiaries] drugs and they see a doctor on duty who talks to them
about how to live with sickle cell,” said Gbemiloye. “We talk to the parents to balance their psyche because there
are parents who have it in mind that their children will die anytime.” The foundation invites older survivors of the
disease to talk with parents, too. They serve as living proof that knowledge and information can tip the balance
for those who are born with SCD.

Case Study 7:Non-communicable diseases in a changing world

The focus on communicable diseases has prevented sufficient attention being paid to a rapidly growing
health feature of our societies — new, non-communicable diseases, or NCDs.
For many health care planners around the world, non-communicable diseases such as diabetes, hypertension,
stroke and cardiovascular problems have hardly been a priority. South-East Asian countries are no exception.
Like so many other developing and transitional countries, they have been rightly preoccupied with the
communicable diseases that were the core concern of epidemiologists and public health workers over much of the
last century.
New diseases
But the focus on communicable diseases has prevented many health planners from paying sufficient attention to a
rapidly growing health feature of our societies — new, non-communicable diseases (known as NCDs). These
health problems are emerging, and, in some cases, becoming more prominent than communicable diseases that
we continue to confront.
Diabetes, hypertension, stroke and cardiovascular diseases, all of which are disabling and life-threatening, have
increased in South-East Asian countries silently and relatively unnoticed. Today they constitute a growing threat
to national health and national health-care systems. In South-East Asia, deaths from NCDs are far in excess of
those from communicable, maternal, perinatal and nutritional conditions combined. Costly in terms of long-term
care, these diseases call for a type of social and financial investment that many countries will have difficulty
making unless they quickly begin to re-prioritise their efforts and funding.
Social, lifestyle component
The fact that most if not all the major non-communicable diseases have a strong social and lifestyle component
calls for new thinking and preventive action. Dietary patterns have changed fundamentally in our region, and
there is now a real danger that the diets of both children and adults will produce serious health challenges.
In some cases it is simply a case of over-eating. There is also the issue of eating foods that lead to obesity, and
that are linked to related problems such as diabetes and heart disease.
Exercise is another feature of lifestyle. Today, we walk less and exercise less, and we simply do not use up the
calories that we are taking in. Even children have become more sedentary, and schools have failed to provide the
physical activity that would reduce the risk of obesity. Today our region is faced with a growing epidemic of
children who are grossly overweight and who are facing serious disabilities and illnesses as a result.

Migrants
Around the world, there is growing evidence that migrants are especially vulnerable to a variety of non-
communicable diseases, such as type 2 diabetes, cardiovascular and chronic respiratory diseases, reproductive
problems and mental health issues. In a region that has seen massive movements of people from rural to urban
areas and across borders, this raises special concerns.
Irrespective of the causes, however, prevention of NCDs must be given high priority. This will not simply be the
task of ministries of health. Other sectors, such as education and labour, food and nutrition, transport and
communications, must all come together to design interventions that encourage people to remain physically active
and to raise awareness of what they need to do to avoid these diseases.
We will also have to think of new staff who can work at the community level — educating, informing and
motivating people of all ages and in all walks of life to be proactive in preventing the onset of these diseases. This
challenge will have to be taken up in schools, in the workplace, and in the home. Health-promoting activities and
behaviours will have to become a part of our everyday life and awareness.

Tools are available

But prevention will not be enough. Major non-communicable diseases have already taken root in many of our
countries and must be urgently dealt with as systematically and rapidly as possible. The tools are available. Early
diagnosis of diseases such as diabetes can, with effective treatment, avert potentially life-threatening and
disabling consequences. For this to happen, routine screening or check-ups and timely treatment of NCDs will
have to be given far more priority than it has before. This will in turn mean redesigning many of our health
policies, services and health care financing plans.
Non-communicable diseases also call for long-term commitments to care, and this can be very costly if the care
remains hospital-based. We must think of new ways of care–giving, and care-givers who are trained in
community public health and capable of working with families in the home environment.
This is not to say that we can neglect the many communicable diseases that still plague our countries, for we must
remain committed to their prevention and control.
But at the same time, we must accept that the South-East Asian region is now faced with a double burden of
disease, and unless we adapt our policies and plans to this reality, we will face growing morbidity and mortality
from NCDs, highly elevated health care costs, and disabilities that will reduce workforce productivity and the
quality of life of our citizens.

Case Study 8 : How oncologists dealt with cancer in the family

Two oncologists share how cancer affected their lives
An oncologist, a cancer-care specialist, helps people with medical and emotional support. But we rarely consider
what happens when an oncologist has a close family member or a friend diagnosed with the disease. Here, two
Hyderabad-based oncologists share their story.
Dr Sreekanth Kandikattu-Senior surgical oncologist, Yashoda Hospitals
Dr Sreekanth Kandikattu was newly married when his aunt was detected with malignant Esthesioneuroblastoma,
a rare type of cancer in the nasal roof and skull base in 2000. “She was my pinni, my mother’s sister. I was close
to her,” he says. He remembers with affection how much fun he, as a nine-year-old, had at her wedding. His first
reaction when he heard she was diagnosed, was emotional distress, but being young, he was not demoralised. The
positive side of having an oncologist in the family is that they are better informed, know the disease, prognosis
and its extent. In a better frame of mind, they can communicate the truth and give straightforward answers to
delicate questions. “We see situations where relatives multiply fear and convey things differently.
Psychologically, we are stronger as we have seen many patients. We know whether the cancer can be cured or if
we can extend the lifespan,” he adds.
Dr Kandikattu’s aunt eventually passed away due to cancer, but the positive side is the difference he was able to
make during her cancer treatment. His faith and hope to beat cancer got strong when another aunt of his survived
the fatal disease. “It has been 20 years since she survived cancer and she also saw her daughter and son marry.
We have to move forward in our fight against cancer.” When he witnessed the agony of one of his professors
while trying to find an oncologist for his daughter, it inspired him to take up oncology. “An oncologist in the
family would make a difference emotionally and medically,” he felt.
Dr Umanath Nayak-Consultant head and neck oncologist, Apollo Health City
Dr Umanath Nayak never imagined he would have to deal with cancer in his own family. “As an oncologist, I
never thought cancer would hit someone I had admired for so many years.” He recollects two incidents during his
father’s battle with colon cancer. “I realised something was not right when I saw my father in the airport. He had
lost 20 kg and looked frail. During his colonoscopy, I saw a big tumour staring at me from the monitor. The
images were disturbing.” He heaved a sigh of relief for the first time only after surgery.
Witnessing a family member go through this ordeal is traumatic and oncologists navigate the situation because of
their medical training. The person with the disease feels assured and hopeful with an oncologist in the family and
the trust factor eases tension.“Your biggest worry is only when you think it is incurable, but I went about it with a
practical approach.” He considered it a time to fulfill his duties as a son. Although his father’s diagnosis
heightened anxiety, he was calm and composed, and explained the disease, its treatment and outcome to relatives.
“None in the family had to go through the worry of whether he was being treated correctly as I had taken the
responsibility. For all that my father had done for me, I could be there to support him. My father too felt relieved
when he saw his oncologist son taking care of him.” His father survived cancer, but the psychological impact of
the disease took a toll on his mental health and he is on anti-depressants. This experience has brought in empathy
and a change in his approach. He feels one has to accept the fact that anyone can get this disease. “Some of us
may be more knowledgeable, but one is still going to experience the anxiety and fear which patients and family
members go through. In a way, this may help oncologists understand them and develop empathy.”

Case Study 9: IGIB: TB bacteria use a new way to subvert host defence
The abundance of 86 proteins were altered
It is well known that TB bacteria can actively manipulate the degradative pathway of macrophages (cells
responsible for detecting, engulfing and destroying pathogens) such that instead of getting destroyed, the TB
bacteria can actually multiply inside the macrophages. Now, researches at the Institute of Genomics and
Integrative Biology (CSIR-IGIB), Delhi have for the first time found that TB bacteria actively manipulate an
organelle other than those involved in the degradative pathways. They found that protein composition of lipid
droplets is actively manipulated by TB bacteria.
New mechanism
Lipid droplets are storehouses of lipids inside the host cells but can be decorated with specific proteins. Previous
studies have shown how the composition of proteins in lipid droplets gets altered during different physiological
conditions. So understanding how the protein composition of macrophage lipid droplets changes in response to
TB infection may help in shedding light about a new mechanism through which the TB bacteria subvert the host
defences.
It is already known that TB bacteria utilise lipids from the host cells and compete with the host cell for nutrients
stored inside the cells. So the team led Dr. Sheetal Gandotra from IGIB set to study how the lipid droplet
organelle gets actively modified by live TB bacteria leading to changes in the protein composition.
The results were published in the journal ACS Infectious Diseases.
The lipid droplets in macrophages infected with live TB bacteria altered the composition of 86 proteins. While
there was increased abundance of 57 proteins, the abundance reduced in the case of 29 other proteins.
Predict pathways
“All that we know now is that there is a change in the abundance of certain proteins. But at this point we don’t
know the causal relationship between the changes in abundance and lipid metabolism,” says Dr. Gandotra.
By knowing which proteins’ abundance are altered, it is possible to predict which pathways are being affected.
“The lipid metabolism can impact different pathways through changes in the recruitment of proteins that are
involved in these pathways or these proteins can have an impact on lipid metabolism directly,” says Dilip Menon
from IGIB and first author of the paper.
Based on the increased abundance of certain proteins, the team has found that protein synthesis pathway and
vesicular trafficking pathway have an unprecedented link with lipid metabolism in the context of infection.

Case Study 10: As new cases rise, leprosy in spotlight

Govt. views detection as a sign of better disease management
The rise in the number of recorded leprosy cases from 86,147 (in 2013-14) to 90,709 (2017-18), reported a decade
and a half after India was declared leprosy-free in 2005, has turned the spotlight on the hotspots for the disease.
The World Health Organisation (WHO) has set the goal of zero children with leprosy and deformities by 2020,
and less than one patient per million for other newly diagnosed patients.
Today, though, Bihar, Chhattisgarh, Odisha, Jharkhand, Uttar Pradesh, West Bengal and Maharashtra remain the
‘hotspots’ from which maximum prevalence was detected last year. High population density, poor sanitation and
inadequate access to nutrition are among the reasons for the number remaining high. The Centre says a more
aggressive detection campaign is being carried out, explaining the numbers.
The Leprosy Case Detection Campaign has shown that 34,730 cases were detected in 2016, 32,147 in 2017, and
16,097 in 2018. “We welcome the rise. It means we are catching these cases and putting the patients on treatment.
But what the department is looking at is the new cases detected, the existing cases with leprosy-related handicap,
and new cases in children. They are our actual ground check. The three parameters have shown a downward
trend,” said Anil Kumar, Deputy Director-General (Leprosy), Union Health Ministry.
Moreover, he clarified, “The figures don’t tell us the actual story,” adding that that India’s leprosy management
programme is running in a very aggressive sweep mode, after the “relaxed period” of 2005.
The number of cases reported fell after 2005-06, when India was declared leprosy-free — the prevalence rate at
the time was 0.84%. “It was only at the end of 2011 that we realised leprosy is very much around — when people
started reporting in with leprosy-related disabilities — and we refreshed our strategy to find and treat new cases,”
Dr. Kumar said.
Social stigma
Disease management efforts now include going down to the village level in what is called the “active seeking
mode” for cases, where health workers go from house to house and physically examine people for a leprosy
patch. “We were earlier missing many cases because people weren’t reporting due to fear, social stigma and lack
of awareness,” said Dr. Kumar.
Leprosy is a chronic disease caused by a bacillus, Mycobacterium leprae, which multiplies slowly. The incubation
period of the disease, on average, is five years. In some cases, symptoms may occur within one year but can also
take as long as 20 years to occur. “This is exactly the trouble with the elimination of leprosy. The long incubation
period, and the social stigma attached to it, makes it a tough disease to eliminate,” said Dr. Kumar.
Leprosy mainly affects the skin, the peripheral nerves, mucosa of the upper respiratory tract, and also the eyes.
The disease is transmitted via droplets, from the nose and mouth, during close and frequent contacts with
untreated cases. Untreated leprosy can cause progressive and permanent damage to the skin, nerves, limbs and
eyes. It is curable with multi-drug therapy (MDT).
Focus on children
There has been a change in the percentage of new child cases from 9.49% in 2013-14 to 8.15% in 2017-18, with
the level having remained almost stagnant at 8.94% in 2015-16 and 8.69 % in 2016-17. “Our special emphasis is
on children, for whom we have brought in active detection intervention, with primary health workers educating
them from the school-level onward. We are working at developing a positive attitude towards detection and
treatment,” said Dr. Kumar.
In 2016-17, the proportion of new child cases was more than 10% of the new cases detected in 10 States.
Children are not predisposed to leprosy, but there is an element of risk in late detection, with parents hiding the
disease, especially in the case of girls till the handicap sets in. Also, disability in children has a longer lifespan,
which can hamper their quality of life.

Case Study 11: KU team unearths early Harappan artefacts

First such excavation at Harappan sites by a university in south India
Artefacts believed to be around 5,000 years old, dating back to the early Harappan phase, have been unearthed
during an excavation jointly being held by archaeologists from the University of Kerala and Kachchh University
in Khatiya village of Kutch in Gujarat.
A 47-member team comprising researchers and postgraduate students stumbled upon several pieces, including
mud pots, conch-shell bangles, beads, and stone blades, during the excavation, being undertaken in burial sites in
the region. The area of excavation spanned around 300 sq m. “The pottery shards recovered bore similarities with
the ones unearthed from ancient settlements in Harappan sites, including Kot Diji and Amri of Pakistan, and
Nagwada, Santhali, Moti Pipli, Datrana, Surkotada, and Dhaneti in North Gujarat,” says S.V. Rajesh, Assistant
Professor, Department of Archaeology, University of Kerala, one of the coordinators of the excavation.
The project is believed to be the first such excavation to be undertaken at Harappan sites by a university based in
south India. The research team had conducted an exploration in Gujarat in 2016, following which they obtained
permission from the Archaeological Survey of India to carry out the excavation, which began on January 30.
Prior to the activity, the team had undertaken a preliminary survey of the region using drones, total station, and
Differential Geographic Positioning System (DGPS) to understand the topography and geomorphology of the
region. The excavation will continue for over a month.
To be kept at museum
Dr. Rajesh said the excavation would be taken forward in the future as part of providing the much-needed
exposure for students of archaeology. The artefacts would be kept for display at the museum of the university’s
Archaeology Department.
The project is expected to shed light on the burial rituals and other customs prevalent in the Harappan civilisation
during its early phase from 3300 BCE to 2600 BCE.

Case Study 12: Excavations at Kunal village open up more doors to pre-Harappan period
Recent diggings were to find out the origin of Hakra culture, an attempt to know about the craft-
specialisation of pre-Harappan people and their behaviour
The three successive seasons of excavation at prominent pre-Harappan site in Kunal, a sleepy village in Ratia
Tehsil of Haryana’s Fatehabad district, including the ongoing digging for the last one month, have led to the
discovery of a wide variety of artefacts. Wares, beads, bangles, stamps and copper objects with the evidence of a
furnace and a workshop giving insights into the Harappan Civilization were unearthed from this historic site.
Though excavated earlier in the 1980s and 1990s as well, the site at Kunal is spread over an area of around 15-20
acre with over 4 million thick habitation. The site has been dug up thrice since 2017 following a Memorandum of
Understanding signed between the Department of Archaeology and Museums, Haryana; the Indian
Archaeological Society, New Delhi and National Museum, New Delhi. The present excavation work started on
January 9 and is expected to go on till the end of March.
Objectives of digging
Speaking about the purpose of excavations since 2017, Technical Assistant, Shuvam Malik said there was enough
information available about the structural phases from the previous excavations in 80s and 90s at this site. But
there was no background information about the identity of the occupants as to who they were and when and
where did they come from. “The main objective during these three seasons of digging was, therefore, to see the
origin of Hakra culture and to find out as to who were the earliest occupants of the site and where did they come
from,” he said. He added that their team also attempted to know about the craft-specialisation of pre-Harappan
people, their behaviour and ceramic traditions through the recent diggings.
A large variety of Hakra ware, red ware, black-on-red ware, black-and-red ware and painted grey ware has been
found in considerable quantity and in various shapes at Kunal during the three seasons. Besides this, terracotta
cakes, terracotta beads, bangles, gamesmen, steatite beads, seals, stamps, terracotta animal figurines, including
one with pasted steatite beads, semi-precious stone beads, copper objects and other antiquities were also
discovered.

Artefacts unearthed
Excavation co-director, Banani Bhattacharyya, said the activity areas of craftsmanship having evidence of furnace
and workshop for making steatite beads, different ornaments, ceramics were noticed with evidences of finished
and unfinished products. “Mud brick walls and floors and multiple floors have also been found during the
excavation. A large number of precious antiquities like silver objects and gold beads in early Harappan fabric pot
were revealed by the excavators. Copper smelting furnace was also found along with a large number of copper
objects and also typical classical Harappan crucible [terracotta] was found,” said Dr. Bhattacharyya.
Mr. Malik pointed out that Kunal had the richest ceramic repertoire among the pre-Harappan sites in the region
and the entire Indus Valley Civilization and there was a “lot of variation and variety in ceramic tradition”. He
added that they also found interesting antiquities and gold beads, but the bone and copper artefacts were found in
abundance during the diggings.
The excavators have also found a lot of pit activity at the site and the bones of the mammals, a majority of them
charred. The bones are found in the context of the pits. “We are trying to classify the pits found. The charred
bones found are of mammals such as antelopes, gazelle and nilgai. These remains will be tested by geologists to
find out if they are of wild or domesticated variety. It also hints at some kind of ritual to sacrifice animals,” said
Mr. Malik.
“In Kunal, we stumbled upon dwelling pits not usually found in early-Harappan context. It is unique. Bricks are
used along with these dwelling pits. The moulded bricks make lining of the pits with thatched roofs,” said Mr.
Malik.
Mr. Malik said that the discovery of marine shells at Kunal, whose nearest possible source can be Arabian Sea,
hinted at possibilities of trade between these people and other socio-cultural groups.

Case Study 13: Decide guidelines to define ‘minority’ in terms of State population, SC tells
minorities commission
The Supreme Court on Monday asked the National Commission for Minorities (NCM) to take a decision on a
plea seeking guidelines for defining the term ‘minority’ and for their identification State-wise.
A Bench of Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna asked the petitioner, BJP leader and advocate
Ashwini Upadhyay, to approach the NCM with his plea. The Bench said the minority panel would take a decision
on the representation within three months.
Mr. Upadhyay, in the petition filed in public interest, has claimed that the Central government through its 1993
circular notified only five communities — Muslims, Christians, Sikhs, Buddhists and Parsis — as ‘minority’
community, without defining ‘minority’ and framing parameters for the identification of minority.

‘Created inequality’
He alleged that the classification of religious minorities at a pan-India level had not only created a wave of
inequality across different States but also encouraged those who did not belong to those minority religions, to
convert themselves for social, political and economic benefits.
He said Christians are a majority in Mizoram, Meghalaya and Nagaland and there is significant population in
Arunachal, Goa, Kerala, Manipur, Tamil Nadu and West Bengal but they are treated as minority. Likewise, Sikhs
are a majority in Punjab and there is significant population in Delhi, Chandigarh and Haryana but they are treated
as minority.
Muslims are a majority in Lakshadweep (96.20%) and J&K (68.30%) and there is significant population in
Assam (34.20%), West Bengal (27.5%), Kerala (26.60%), Uttar Pradesh (19.30%) and Bihar (18%), he said.
“However, they are enjoying the ‘minority’ status, and the communities, which are real minorities, are not getting
their legitimate share because of non-identification of minorities at the State level,” the plea said.

Case Study 14: Exotic race warms the Nilgiris

A look at the history of Toda clan that’s distinct from other tribes in more ways than one.
The Nilgiris, (blue mountains) first explored by British writer John Sullivan in 1819 is the pride of South India.
Everything about the hills is amazing; more so its name which is derived from a wild flower called Neela Kurinji
(bluish-violet colour) that blossoms once in every 12 years.
The hills get carpeted with this blue hue and what more, the natives count their years with every bloom.
Even more exotic is the first ever tribal natives of Nilgiris, the Toda (Thuda) clans who were first spotted by the
British who were enamoured by their charm, culture and character. And not without a reason.
The Toda clan to this day are distinctly different from the rest of the Tamil tribes or plainsmen. They are an exotic
race, whose facial features (barring gene mutations) are very un-south Indian. For one, they are generally not
dark; they are fair-skinned, ruddy with constant exposure to sunny to rainy weather.
Their brow, nose, prominent cheekbones, chin and physical structure is reminiscent of Greek sculptors come
alive. The eyes for most are light coloured varying from brown to grey; the identical Indian black pupil is more an
exception than rule.
Says Dr. Tarun Chabbria, an Ooty-based dental doctor who also runs an NGO ‘Toda Nalvazhvu Sangam’ for the
upkeep of the unique Toda culture, “Definitely the race has come from outside India but then that must have been
centuries ago! There is varied speculation as to their origin by many a foreign linguist and anthropologist not to
talk of many British writers and researchers. None can definitely be proved except perhaps a DNA test. The
Englishmen who resided in Nilgiris then were amazed and also appreciative of the Toda’s good looks as also their
pride, as has been written in their analogies. The Toda would never turn his head and admire the foreigner as we
would even today. One Toda headman was supposed to have told a British gentleman that his Gods had already
predicted that their land would be under the sway of foreigners of a lower cultural hierarchy. The British always
admired them in most of their writings. What I have come upon in my research is their intriguing myth. They
believe that their original ruler Aihhn bequeathed his tribe to his daughter Taihhkirshy (now goddess/Amman)
and he proceeded to take care of the ‘after world’. The ruler wanted to ensure that his Todas would reach the
spiritual world after death. So he moved towards the last mountain in the Nilgiri range and established the
spiritual world. On his journey he embarked on mythological sites. What is surprising is that all these sites are
now there, I have seen them. For the Todas, these are the sites their soul traverses after death to live with their
King-God Aihhn. The goddess is their protector on earth.”
N. Thudadhu Kuttan , board member of the Toda Cooperative at Ooty (Udhakamandalam) is not ready to admit
about the foreign gene. “We have been one of the first six tribes of India. And we come under the Scheduled
Tribes. We are very possessive about our culture. Our elders till recently were against education because it would
erode the Toda distinct culture and breed. But due to so many government incentives we have come out to
educate our children. There are a few graduates too. Our houses and dress code is also like anyone else, though
we have not lost our Kalachara veedu (heritage home) or our dress. Our deity is just a stone and a lamp. We
do paalabhishekam to this edifice in our specified temple hut (mandu). We deify the buffalo. There are 15 Toda
clans presently in Nilgiris, each having its own temple and head priest. We are close to the Hindus in our
religion.”
“Far from it,” states Dr. Chabbria. “Though their aberrant language is Proto Dravidian, their prayer is not in their
spoken tongue. Even linguist Emino in 1930s was unable to decipher their prayer lingo. The Toda culture is
unlike other tribal cultures across India. It is more a break-off from Vedic culture, I feel. The Todas have dream
time; they have deity hills worshipped by all the 15 clans. What is even more interesting is that Todas are totally
vegetarian; their diet is milk and milk products. They are pastoral by birth but now many have moved to
agriculture too.”
But for the 40 per cent who got converted to Christianity during British times and have lost links with their
culture, the Toda is an orthodox, original and highly attractive tribal race that glows like a gem in the crown of the
Blue Mountains.

Case Study 15: Konda Reddi tribals rooted to traditions

Even as indiscriminate exploitation of the natural resources especially mineral wealth is continuing unabated in
plain areas, the Adivasis of the Konda Reddi Primitive Tribal Group (PTG) have been nurturing their traditional
practices in harmony with mother nature in their hilltop habitations in the Bhadrachalam Agency.
Notwithstanding the consistent efforts by the Bhadrachalam-based Integrated Tribal Development Agency
(ITDA) to bring the Konda Reddis to the resettlement colonies down the hills under the “Conservation-cum-
Development Plan” (CCDP) in the past, a majority of them stayed back in their hilltop habitations.
The Konda Reddis residing in Chintur, Kunavaram, V. R. Puram, Aswaraopet, Dammapeta and Velerupadu tribal
sub-plan mandals have been following their age-old traditions devotedly.
Living in their natural habitat, the Konda Reddis have been eking out a livelihood by collecting minor forest
products like honey, making a wide array of bamboo products such as baskets and cots besides cultivating jowar,
bottle gourd and a few other traditional crops.
“The Konda Reddis are known for their eco-friendly practices such as use of household articles made of bamboo,
bottle gourd, and seeds,” said Vasanth Rao, in-charge of ITDA’s Tribal Research and Cultural Training Institute.
“They cultivate limited crops in shifting agriculture mode in an environmentally sustainable manner.
They don’t even use cattle in their agriculture operations,” he said.
The bamboo based products like traditional cots reflect their innate craftsmanship, he said.
The ITDA has initiated steps to enable the Konda Reddis living in 71 habitations including 36 hilltop habitations
produce value-added bamboo products as part of income generation activities.

Case Study 16: The Dard Aryans of Ladakh: who are this tribe, what are their concerns?
Some 200 km from Leh are the villages of Dha, Hanu, Garkone and Darchik on both sides of the Indus River,
inhabited by the Buddhist Dard Tribes. The villages are together called the “Aryan valley”.
THERE ARE just 4,000 of them left in the world, and 30 of those were visiting Delhi recently. In heavy fur
costumes, flower bouquets adorning their heads, members of the Dard Aryan tribe from Jammu & Kashmir’s
Ladakh region were in the capital as part of a seminar that extensively discussed the need to preserve their legacy.
They spoke about a struggle to do so, as they perceived a threat to their cultural “owing to modernisation and
migration”. With the help of experts, they drafted a memorandum and submitted it to the Centre, requesting the
government for intervention.
Who are the Dard Aryans?Some 200 km from Leh are the villages of Dha, Hanu, Garkone and Darchik on both
sides of the Indus River, inhabited by the Buddhist Dard Tribes. The villages are together called the “Aryan
valley”. “The word ‘Dard’ is derived from a Sanskrit word, ‘Daradas’, which means people who live on
hillsides,” said Virendra Bangroo, assistant professor at Indira Gandhi National Centre for the Arts (IGNCA),
who has extensively researched on their lives, and also curated the exhibition/seminar in Delhi. He added people
of this region are culturally and linguistically different from those in other parts of Ladakh. Among other
researchers who have gone into the community’s roots, there is a line of thought that the “Aryans of Ladakh” or
the “Brokpas” might have descended from soldiers in Alexander’s army who had come to the region over 2,000
years ago. The Dard Aryans, however, do not document their history, Bangroo said.
Their customs
They rear goat and sheep for milk and meat, and their festivals are based on the solar calendar. Bangroo visited
the regions inhabited by the Dard Aryan community back in 2017, where he helped set up two museums to
archive their cultural heritage. Bangroo is of the view that their traditions go back 5,000 years; those who still
follow the original customs worship trees, rivers and mountains. During their visit to Delhi, they were also taken
to Prayagraj for a day to visit the Kumbh. These tribals are mainly dependent on agriculture; the apricots grown
here are considered among the best in the world and there are 12 varieties of grapes in the region. Bangroo said
grape-wine is very popular in the “Aryan valley”.

Case Study 17: Todas in Kannagai hamlet on the brink of abandoning traditional village
The families are having dispute over water sharing with non-tribals
A group of Todas living in Kannagai Mund at Ithalar in the Nilgiris are clinging onto their traditional way of life
and refusing to leave the hamlet they have called home for many centuries, even as a lack of roads and disputes
over water with non-tribals living nearby continue to make life extremely difficult for them.
The Toda families left in the ‘mund’ (Toda hamlet), numbering around 15, said that they had lost many members
who had been residing in the hamlet to heart attacks and sudden diseases as they could not be rushed to hospitals
due to the lack of roads leading from their hamlet to the Ithalar village.
“We have to walk between 3-4 km. in precarious roads where wild animals roam free to get to the main road. We
have to carry people who are sick on blankets attached to poles to get them to the road,” said Mullu Kuttan, who
recently lost his elder brother to a heart attack, after they were unable to get him to a hospital on time. “I also lost
my 18-year-old son the same way,” he added.
The Todas living here don't have access to sanitation facilities either, and are embroiled in an ongoing dispute
with a non-tribal hamlet nearby over access to water from a small stream flowing through their village.
Though they had had cordial relationships with the villages nearby for many years, the acute water crisis which
impacted the Nilgiris in the beginning of the year led to a scramble for water between the indigenous Todas and
the non-tribals populating one of the villages nearby.
M Jayasin, another resident, said that the villagers were asked to not dig a well and collect water from a stream by
the non-tribals. They also allege that pipes have been used to divert water away from their hamlet and to one of
the villages nearby, leading many of the local residents to walk down a steep ravine to the stream to collect water.
“Because we face such tremendous difficulties, around 15 families that used to live in the ‘mund’ have gone to
other towns or other hamlets. We have two important temples here, and we cannot even maintain any Toda
buffalo here because there are no pastures,” said Ms. Jayasin.
Residents also said that the lack of roads leading to the hamlet meant that children also lost interest in school, and
many stopped studying. “On Monday's, when children have to wear white school uniforms, we have to walk with
them to the road and then ask them to change their clothes there, as otherwise their uniforms would get muddy.
Many girl students would obviously find this uncomfortable and prefer to stay at home,” said another resident of
the hamlet

Case Study 18:‘Ethnography can help chalk out tribal development plans’
Anthropologist on applicability of proper research before designing programmes
The work of two anthropologists in the agency areas of former composite Adilabad district in the distant past has
made them relevant in the Adivasi ethos. One of them is legendary Austrian ethnologist Prof. Christoph von
Furer-Haimendorf and the other is his British student, Dr. Michael Yorke, for his role as an activist on behalf of
the then administration in these parts.
Mr. Yorke, who was conducting anthropological studies among the Raj Gond tribe basing himself in the remote
Ginnedhari village (now in Kumram Bheem Asifabad district) between 1976 and 1978, had helped poor, illiterate
Adivasis in writing petitions on various issues and kept forwarding them to the Collector in Adilabad. The
anthropologist remembers being asked to help out the aboriginal people by the then Collector C.D. Arha as they
were not directly approaching the administration for getting their problems addressed.
The Hindu interacted with the 75-year-old lanky researcher, who is better known as a filmmaker in the West, at
Utnoor where he is staying as part of his tour to the tribal land over four decades after he left the place. He
explained various aspects associated with the ethnic people of erstwhile Adilabad, one of them being the
applicability of proper research before designing programmes for development of the poor.
“Ethnography and folklore studies would be of help during designing of development programmes for
underprivileged sections of society like the Adivasis. It will help in understanding how the people live, thereby
becoming a guiding principle for designing any developmental activity,” said Mr. Yorke.

Needs of tribals
He also discussed Prof. Haimendorf’s view on education. In his capacity as adviser to the Nizam’s government on
backward classes and tribals in Hyderabad State back in the 1940s, the ethnologist had tried to address land
problems of the Raj Gond and other tribes and even issued patta rights for about 1.6 lakh acres to 30,000 ethnic
families in Adilabad district. “Prof. Haimendorf was against over-educating and raising the expectations which
could not be satisfied. He was for the kind of education that fits the needs of the tribal people and not the
entrepreneurial side of the State,” Mr. Yorke recalled.

Case Study 19: Diabetes arrives in Agency areas

Ethnic people are not known to be prone to the disease
Diabetes seems to have ‘arrived’ in the agency tracts of former composite Adilabad district, going by incidence of
the disease being detected among the aboriginal people since the last few years.
The medical camp which functioned during the period of the Adivasi religious fair, the famous Nagoba Jatara in
Indervelli mandal, also looks to conform to a trend.
As many as four Adivasis of the 30 who got their blood samples checked for blood sugar levels at the Nagoba
medical camp between February 4 and the forenoon of February 8 were found to be hyperglycemic.
This is certainly a high in terms of incidence as the ethnic people are not known to be prone to the disease. “Yes,
a change in the lifestyle of the aboriginal people is affecting individuals, but the incidence is not alarming. We
have to follow the World Health Organisation norms on checking the rate of incidence before ringing the alarm
bells,” observed Additional District Medical and Health Officer for the agency area, Dr. Thodasam Chandu as he
dwelt upon the topic.
“Jaggery has been replaced by sugar while the edible oils are of suspect quality,” Dr. pointed out the changes in
the diet of Adivasis which could be a cause for the uncommon disease afflicting them. “Rice has replaced jowar
and other minor millets,” he added.
“The incidence will definitely be more if a proper survey is done in villages,” opined Kumra Dongur Rao, the
headman or patel of Gattepally village in Indervelli who is a diabetic since 2016. “Our people are highly reluctant
to subject themselves to medical examinations and also to reveal about being down with some disease like
diabetes,” he said of the typical ‘attitude’ of the ethnic people in these parts when it comes to health issues. The
situation for diabetics who maintain secrecy about the disease get worse after sometime.
“They do not exercise required control on their diet lest they reveal their status,” Dongur Rao pointed out. The
Integrated Tribal Development Agency, Utnoor, has made available the health cube machine which checks for
blood sugar levels in addition to rapid diagnosis for malaria etc at the primary health centres at Indervelli,
Shampur, Dasnapur, Hasnapur and Narnoor. There is need for publicity in far flung villages regarding this so that
more number of individuals can be subjected to tests.
“There is a dire need for an auto analyser and bio chemistry analyser at primary health centres. This will ensure
there is no delay in diagnosing diseases thereby cutting time in patients accessing treatment,” suggested a
laboratory technician who did not want to be quoted.

Case Study 20: Konda Reddis seek pattas for ‘podu lands’
Government urged to uphold the rights of Adivasis over forest lands
Members of the Konda Reddi aboriginal tribe are up in arms against the alleged indifference of the authorities in
granting them pattas for ‘podu lands’ and addressing their abysmal living conditions.
Several aggrieved Adivasis from Aswaraopeta and Dammapeta mandals sat on a dharna at the old market area in
Bhadrachalam town on Monday as part of the ongoing sit-in protest by the Adivasi Konda Reddi Sangham in
pursuit of their demands. Addressing the dharna, the Konda Reddi Sangham founder Murla Ramesh alleged that
the transfer of seven mandals under the Polavaram project submergence zone to Andhra Pradesh in 2014 had far-
reaching consequences for the members of small indigenous Konda Reddi tribe leaving them scattered with their
woes further aggravated.
The merger of the seven mandals from Bhadrachalam Agency with the residuary AP had dwindled the population
of the Konda Reddi tribe to just little over 1,100 in Telangana mostly inhabiting the tribal areas in Aswaraopeta
and Dammapeta mandals, he said, pointing out that the members of the aboriginal tribe were the worst hit by the
upcoming Polavaram project in AP.
Konda Reddis are living in abysmal conditions devoid of basic facilities in far-flung habitations and some
colonies constructed under the Conservation cum Development Plan (CCDP) in the undivided Andhra Pradesh
more than a decade ago, he said. He alleged that many Konda Reddis were deprived of pattas for podu lands
being tilled by them in the border mandal of Aswaraopeta, adjoining AP.
He demanded that the government ensure effective implementation of the Recognition of Forest Rights Act, 2006,
to uphold the rights of Adivasis over forest lands. Leaders of various Adivasi organisations and political parties
visited the dharna camp and extended their full support to the ongoing stir.

Case Study 21: What is Forest Rights Act?

What is it?
In the colonial era, the British diverted abundant forest wealth of the nation to meet their economic needs. While
procedure for settlement of rights was provided under statutes such as the Indian Forest Act, 1927, these were
hardly followed. As a result, tribal and forest-dwelling communities, who had been living within the forests in
harmony with the environment and the ecosystem, continued to live inside the forests in tenurial insecurity, a
situation which continued even after independence as they were marginalised. The symbiotic relationship
between forests and forest-dwelling communities found recognition in the National Forest Policy, 1988. The
policy called for the need to associate tribal people in the protection, regeneration and development of forests.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was
enacted to protect the marginalised socio-economic class of citizens and balance the right to environment with
their right to life and livelihood.
What did the order say?
On February 13, the Supreme Court ordered the eviction of lakhs belonging to the Scheduled Tribes (STs) and
Other Traditional Forest Dwellers (OTFDs) categories across 16 States, whose claim as forest-dwellers has been
rejected under the Forest Rights Act. A Bench of Justices Arun Mishra, Navin Sinha and Indira Banerjee ordered
the Chief Secretaries of many of these States to evict those whose claims were finally rejected. The court directed
that the eviction be carried out by July 24, 2019.
The Bench, in a 19-page order, cautioned the States that if the evictions were not carried out within the stipulated
time, “the matter would be viewed seriously.” The Chief Secretaries of the States were asked to file affidavits by
July 12, explaining why the rejected claimants had not been evicted. It ordered the Forest Survey of India (FSI) to
make a satellite survey and place on record the “encroachment positions.”
What is the problem?
The February 13 order is based on affidavits filed by the States. The affidavits, however, do not make clear
whether the due process of law was observed before the claims were rejected. The Centre argues that the rejection
of claims is particularly high in the States hit by Left-Wing Extremism, where tribal population is high. The forest
land claims of these tribes and forest-dwellers are mostly rejected by the States. Being poor and illiterate, living in
remote areas, they do not know the appropriate procedure for filing claims. The gram sabhas, which initiate the
verification of their claims, are low on awareness of how to deal with them. The rejection orders are not even
communicated to these communities.
What lies ahead?
On February 28, the court stayed its order, though it said “the mighty and the undeserving” who have encroached
on forest land would be shown no mercy. It has decided to examine whether due process was followed by the
gram sabhas and the States under the Forest Rights Act before the claims were rejected.
Case Study 22: Direction to evict forest dwellers: Centre, Gujarat move Supreme Court, seek
modification of order
The Centre said that under the 2006 Act, “the rejection of a claim does not ipso facto lead to eviction of a tribal”
and “there is no provision in the Act that provides for eviction after a claim is rejected.”The Centre and Gujarat
government on Wednesday moved the Supreme Court, seeking modification of its February 13 direction to states
to complete eviction of “forest dwelling Scheduled Tribes” (FDSTs) and “other traditional forest dwellers”
(OTFDs), whose claims for forest land had been rejected under the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006. Solicitor General Tushar Mehta mentioned their plea before a
bench headed by Justice Arun Mishra, which agreed to take it up on Thursday. Mehta told the bench that the
Centre wished to take a holistic relook at the matter to protect the interests of tribals, farmers and forest dwelling
communities. He said the Centre was taking the initiative following feedback from the affected people and states.
The plea by the Union Tribal Affairs Ministry submitted that the court had on January 29, 2016 asked states to
furnish data regarding number of claims rejected and action taken thereafter. Following this order, the Centre said
it had written to states on February 5, 2016, conveying that to place the complete information before the court, “it
may be necessary to provide the details of the process of rejection of claims including communication of reasons
of rejection; opportunity of appeal; and claims which were being re-examined due to improper rejection”. In
another communication to the states dated June 29, 2018, the ministry also noted various issues that arose in
implementation of the Act, including high rejection of claims; non-communication of rejection orders; lack of
reasons in the order; raising of frivolous objections etc, it said.In response to the January 29, 2016 apex court
direction, some states filed the data of rejection of claims. “However, the said data did not provide the details of
rejection as was requested by the applicant in its letter dated 25.2.2016,” the ministry submitted. The government
contended that it was based on this data that the court passed the February 13 order. As a consequence, “a large
number of tribal and other forest dwellers would be liable to be evicted by the state governments without
observance of due process of law,” it added.The Centre said that under the 2006 Act, “the rejection of a claim
does not ipso facto lead to eviction of a tribal” and “there is no provision in the Act that provides for eviction after
a claim is rejected.”The government said the 2006 legislation was a “beneficial” one “and deserves to be
construed liberally in favour of the FDSTs and OTFDs”. “The FDSTs and OTFDs are extremely poor and
illiterate people and not well informed of their rights and procedure under the Act. They live in remote and
inaccessible areas of the forest. It is difficult for them to substantiate their claims before the competent
authorities,” the ministry said.

Case Study 23: Centre moves SC seeking stay on eviction of 10 lakh forest dwellers
The Centre on Wednesday moved the Supreme Court seeking a stay on its February 13 order to evict around 10
lakh forest dwelling scheduled tribes (FDSTs) and other traditional forest dwellers (OTFDs), whose claims as
forest dwellers have been rejected. The matter will be heard in the apex court on Thursday. On February 13, the
bench of judges Arun Mishra, Navin Sinha and Indira Banerjee had directed chief secretaries of 17 states —
Andhra Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra,
Odisha, Rajasthan, Tamil Nadu, Telengana, Tripura, Uttarakhand, Uttar Pradesh and West Bengal — to ensure
the eviction of all those persons from forest land whose claims under the Forest Rights Act, 2006 have been
rejected on or before July 24. On Wednesday, the Union ministry of tribal affairs moved the Supreme Court,
seeking modification of the order. It also asked the apex court to direct the state governments to file detailed
affidavits regarding the procedure followed while examining all the claims and details regarding the grounds of
rejection, till which time the eviction of FDSTs and OTFDs be put on hold. The ministry stated that after
examining the affidavits that have already filed by the state governments, it cannot be ascertained whether the
rejection orders were passed after following due processes and whether the appeal mechanisms have been
properly exhausted.
There is no provision in the Act which provides for eviction after a claim is rejected. The applicant respectfully
states that the Act is a beneficial piece of legislation and deserves to be construed liberally in favour of the FDSTs
and OTFDs. The FDSTs and OTFDs are extremely poor and illiterate people and are not well informed of their
rights and procedure under the Act. They live in remote and inaccessible areas of the forest. It is difficult for them
to substantiate their claims before the competent authorities.” The Centre further added that it has been
periodically monitoring the implementation of the Forest Rights Act by the state governments and it believes that
the high rate of rejection of claims is mostly due to a wrong interpretation of the Act. It also underlined that there
was a lack of awareness about the procedure for filing claims among gram sabhas. In many cases, the reasons for
rejections were not communicated to the claimants, who in turn were not able to make appeals, the Centre added.
The apex court order was issued on February 13 following petitions which were filed by an NGO, Wildlife First,
and a few retired forest officials way back in 2008. Arguing that the Right to Forest Act has led to deforestation
and encroachment of forest land, the petitioners had sought recovery of forest land from possession of forest
dwellers. Assam has over 27,000 rejected claims, among which 22,396 are FDSTs and 5136 OTFDs. Madhya
Pradesh has the highest number of rejected claims (about 3.5 lakh), followed by Odisha (about 1.5 lakh).
Uttarakhand has the least number of rejected claims (51).

Case Study 24: SC Stays Order Directing States to Evict Over 10 Lakh Forest, Tribal Dwellers
The court gave four months to the state governments for collating data and filing their detailed affidavits
with regard to the processes followed in deciding claims and grant of ‘pattas’.

In a major reprieve for more than 10 lakh forest dwellers and tribals in various states, the Supreme Court on
Thursday suspended its order that could have resulted in the forcible eviction of tribals.A bench headed by Justice
Arun Mishra put the January 10 order in abeyance following a plea by the Ministry of Tribal Affairs that had
pleaded for a stay of the judicial order in the interest of the forest-dwelling Scheduled Tribes (FDSTs) and other
traditional forest dwellers (OTFDs) across 16 states. The bench remained critical of the MoTA's plea, observing it
was perhaps in a slumber when the previous order was passed and that it cannot wake up one fine day with
making new arguments. It, however, agreed to examine whether the due process under the Forest Rights Act was
followed by the state governments in deciding the claims of the forest dwellers and the process of adjudicating
appeals before final rejection. The court gave four months to the state governments for collating data and filing
their detailed affidavits with regard to the processes followed in deciding claims and grant of ‘pattas’. At the same
time, the bench also clarified that the "forest land should not remain encroached by mighty and undeserving
people”. For this, it asked the state governments to apprise the court about the category of dwellers presently
occupying the forest areas, along with a timeline to evict those who are not entitled to occupy such lands. The
satellite survey of the forest lands will also continue, added the bench. Earlier, Solicitor General Tushar Mehta
submitted that the relationship between forest dwelling tribals and protection of environment is symbiotic. He
urged the bench to examine the manner in which the claims had been rejected, prompting the apex court to order
for eviction of the forest dwellers. "States haven't been following the procedure. In some cases, one-line orders
are being passed," said the law officer. At the outset, the bench did not take the MoTA's plea too well. "Were you
in a slumber? Where were you when we passed this order? Go in a slumber, let the court pass its order and then
come back for modification. You are rising now," retorted the bench. But it subsequently agreed to examine the
process followed by various states and fixed the matter for hearing next on July 10.The ministry, in its
application, has claimed that the top court should suspend its order and ask the state governments to submit
details of rejection of claims by forest dwelling Scheduled Tribes FDSTs and other traditional forest dwellers
OTFDs. It pointed out that the court issued its order of eviction on February 13 based on the data adduced by the
state governments regarding rejection of the claims by the forest dwellers.

"However, the said data did not provide the details of rejection," stated the plea, adding it has come to light that
the claims of FDSTs and OTFDs were rejected in a summary manner where no due opportunity is provided to the
claimants."It is uncertain whether the data furnished by the state governments accurately indicates whether the
rejection orders were passed after observance of due process of law; compliance with principles of natural justice
and whether appeal mechanisms have been properly exhausted. Without such information and compliance with
the mandate of law in letter and spirit, the eviction of such tribal, would amount to serious miscarriage of Justice,"
said the Ministry. It maintained that the first dwellers and tribals are extremely poor and illiterate people and not
well informed of their rights and procedure under the Act. "They live in remote and inaccessible areas of the
forest. It is difficult for them to substantiate their claims before the competent authorities," stated the plea, adding
the Forest Rights Act is a beneficial piece of legislation and deserves to be construed liberally in favour of the
forest dwellers. The ministry has therefore requested the bench to consider modifying its order of February 13 and
direct the state governments to file detailed affidavits regarding the procedure followed and details of the
rejection of claims. "And till then the eviction of tribal may be withheld. The eviction of tribal, without such
information would cause serious prejudice to such tribal who have been residing in forests for generation,"
pleaded the application.The court order on February 13 had come on a petition, demanding that all those whose
claims over traditional forestlands are rejected under the law should be evicted by state governments as a
consequence. In January 2016, the court had directed the state governments to furnish data regarding number of
claims rejected and the action taken after the rejection of claim.
Subsequently, reports submitted by the state governments showed that more than 11 lakh claims were rejected,
and the bench ordered the authorities to act in accordance with the law after rejection of their claims. The
statistics, however, did not clarify whether each claim connote one person or a member of the family or
something other.

Case Study 25: Tribal families allege middlemen duped them

Forests and Revenue departments conduct investigation
A section of tribal families, who were resettled from the core area of the Mudumalai Tiger Reserve with a
“golden handshake” amounting to Rs. 10 lakh per family, have allegedly been duped by middle men who sold
them government poromboke land.
Leaders from the Paniya and Kattunayakan tribes, said that over 235 families, including forest dwellers such as
Moundadan Chettys, had volunteered to move out from the tiger reserve in the first phase, while more than 700
families will eventually be moved out once the entire process is completed. They were given two options as part
of a “golden handshake” by the forest department – to either receive a one-time payment of Rs. 10 lakh or land
equivalent to the area they forfeited to the forest department, plus funds for the building of homes and other
facilities.
M. Suresh, a tribal rights’ activist, said that around 16 families who volunteered to move out in the first phase had
opted to receive the one-time payment. He said that after they received the funds, middlemen had “cheated”
members of the community, and had sold them 2.6 acres of land in Machikolli, Gudalur.
However, after they had paid Rs. 28 lakh for the land, it was found that the lands were classified as “unassessed
waste land” belonging to the government.
“Now, the 16 families have been left without any money after being moved out, while their rights to the forest
they called home for generations have also been stripped away,” said Mr. Suresh.
When contacted, a top forest department official said that they were made aware of the allegations, but said that
they could not intervene as the forest department had followed all established protocols in the resettlement
process.

Case Study 26:‘Expedite implementation of Forest Rights Act’

It would ensure food, nutritional security of the vulnerable section of society: Food Commission
The Odisha State Food Commission has again asked the State government to expedite implementation of the
Forest Rights Act, 2006, that would help ensure food and nutritional security to the vulnerable section of societ y.
In a letter addressed to all Collectors, OSFC chairperson Ranglal Jamuda pointed out that “out of 4,25,563 IFR
titles distributed till December 2018, demarcation of land has been completed in respect of 2,99,471 titles
representing 70.37% of the total titles.”
“It is a matter of serious concern that in seven important districts (where more than 5,000 titles have been
distributed) the performance on demarcation of titles is significantly below the State average,” said Mr. Jamuda.
Demarcation of titles
Keonjhar has completed demarcation of titles in case of only 34.37% while Nabarangpur achieved 34.4%,
Koraput (33.68%), Sundargarh (52.96%), Deogarh (48.12%), Nuapada (35.80%) and Ganjam (51.94%).
“In all these seven districts the Collectors should undertake special drive for demarcation of land. The amins
posted in other tehsils may be re-deployed in tehsils having more number of pending cases for demarcation,” Mr.
Jamuda directed.
Mr. Jamuda, a retired IAS officer, said the government should take the services of retired revenue inspectors and
amins to expedite implementation.
Demarcation of land regularised under Individual Forest Right and correction of preparation of record of rights
have been completed only in case of Bhadrak district.
Similarly, in case of correction of RoRs, cumulative achievement has so far been 1,78,039 titles, only
representing 41.83% of the titles distributed.
“Despite a series of instructions, the extent of land developed utilising Mahatma Gandhi National Rural
Employment Guarantee Scheme funds till December 2018 is only 56,340.53 acres. In five districts there was no
activity in this regard,” said Mr. Jamuda.

Case Study 27:Course helps Gadchiroli tribals know their forest rights — and win a diploma
The course covered not only the finer aspects of the forest rights law but also a range of associated subjects - from
the history of adivasis in India to practical accounting and GST. Twenty Four youngsters, including three women,
most of them tribals from the backward and conflict-torn Gadchiroli, will board a bus to Mumbai next week to
collect diplomas from Mumbai University’s School of Economics and Public Policy. Many of them never got
around to completing their Class 12, but that didn’t stop them from signing up when the Tribal Development
Department of the Maharashtra government and Mumbai University offered a 25-week intensive course designed
especially for members of gram sabhas that were granted Community Forest Rights (CFR) under the Forest
Rights Act. While Maharashtra’s tribal-dominated villages have been granted rights to more than 27 lakh acres of
forest land under The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006, known simply as the Forest Rights Act, the diploma course, the first of its kind, was planned in order
to strengthen such villages’ ability to undertake sustainable management of their CFR resources. “Most of us in
the classroom knew only basic facts about what the Forest Rights Act entitles us to, that tribals can get individual
land pattas for forest land they have been tilling, or a gram sabha can get a patta for forest land that the village
depends on,” says Chandrakant Keechak, 25, one of the students from the first batch of the diploma course. “But
not even one of us knew how to measure this land, mark boundaries, and certainly none of us had drawn up lists
of what forest produce we have joint control over, or how to plan and develop long-lasting livelihoods from such
forest produce.” Starting on October 2 last year, the classes were held in a community hall in Mendha (Lekha)
village in Gadchiroli, the first village in the country to receive Community Forest Rights under the FRA. The
course covered not only the finer aspects of the forest rights law but also a range of associated subjects – from the
history of adivasis in India to practical accounting and GST.

Case Study 28: India's coal mining ambition hurts indigenous group, Amnesty says
“India’s drive to ramp up coal output to meet growing energy needs has resulted in members of the Adivasi tribe
being displaced from their ancestral lands and forced to wait years to be resettled” - Amnesty International.
The global human rights group said the Adivasi had suffered disproportionately from India’s push for coal. One
in six of the 87,000 Indians who have been displaced over the past 40 years by state-owned Coal India Ltd (CIL)
is Adivasi, Amnesty said.
Laws to protect vulnerable communities such as indigenous groups are poorly implemented and regularly flouted,
it said.

“Adivasi communities, who traditionally have strong links to land and forests, have suffered disproportionately
from development-induced displacement and environmental destruction in India,” Amnesty said in a report.
“The domestic Indian legal framework does not fully recognise the rights of indigenous peoples,” it said.
Coal accounts for more than 60 percent of India’s electricity capacity, and the government plans to nearly double
annual coal output by 2020, opening a new mine nearly every month.
Many of India’s coal reserves are located in the central and eastern states of Chhattisgarh, Jharkhand and Odisha
where more than a quarter of the country’s Adivasi population lives.
“Coal is essential for our national security and we have to go where the coal is,” said N. Das, a chief general
manager at Coal India, the country’s top coal producer.
“We follow all the laws, work closely with the local communities, provide jobs, set up welfare initiatives and take
steps to minimise the environmental impact of mining,” he told the Thomson Reuters Foundation.

SERIOUS IMPACTS
Adivasis are among the most marginalised communities. They make up about 8 percent of India’s population of
1.2 billion, but about 40 percent of the 60 million people displaced by development projects in past decades, the
government estimates.
Adivasis are routinely shut out of decisions on the acquisition of their lands for coal mines with many evicted,
poorly compensated and made to wait years for resettlement, Amnesty said.
“The violations of their rights to consultation and consent — around land acquisition, environmental impacts,
indigenous self-governance and the use of traditional lands — has led to serious impacts on their lives and
livelihoods,” it said.

Case Study 29: Tribals’ eviction: Congress, BJP tell CMs to file review pleas
Amit Shah, Rahul write to States; RSS outfit demands ordinance
The presidents of the Congress and the Bharatiya Janata Party (BJP), Rahul Gandhi and Amit Shah, have directed
the Chief Ministers of the States ruled by their parties to file a review petition in the Supreme Court over its ruling
ordering the eviction of tribals unable to provide sufficient proof of claim to forest land. Mr. Gandhi on Monday
said he had written to the Chief Ministers of the Congress-ruled States to seek a review of the order that asked the
States to ensure eviction of families whose claims to living in forest land were rejected.
Later in the day, Mr. Shah announced on Twitter that he had spoken to all Chief Ministers of the BJP-ruled States
to file review petitions.
Mr. Gandhi said in a Facebook post: “For lakhs of tribals and forest dwellers, ‘jal, jangal and zameen’ (water,
forests and land) is a part of their right to life…I have written to the Chief Ministers of Madhya Pradesh,
Rajasthan, Chhattisgarh, Punjab and Puducherry and the Deputy Chief Minister of Karnataka, and urged them to
file a review petition or take other appropriate steps.”
The RSS-affiliated organisation for tribals, Vanvasi Kalyan Ashram, passed a hard-hitting resolution at its
meeting, demanding that the Union government either come out with an ordinance or file a review petition.
Mr. Gandhi also stated, “MoTA [the Ministry of Tribal Affairs] had pointed out that forest staff often raised
‘frivolous’ objections leading to rejection. In this backdrop, eviction based on rejected claims alone, without a
proper review and appeal process, violates the due process of law.”
Mr. Shah said he had spoken to the Chief Ministers of the BJP-ruled States over “the situation arising out of the
Supreme Court’s order...”
The States, he said, would soon be filing review petitions and “care will be taken to safeguard the rights of our
tribals, and prevent [their] eviction.”
“The BJP remains committed to the upliftment of our tribal brothers and sisters and we will do everything to
protect their rights. I would also urge them to not fall into the trap of rumours from the usual suspects,” he said.

‘Ensure stay order’

The RSS-affiliated organisation for tribals, Vanvasi Kalyan Ashram, said: “The Central government should either
bring out an ordinance or it should file a review petition to ensure a stay order is secured against action on those
whose claims have been rejected, and later they can think of a permanent solution.”
Its resolution said the court order only “added to the injustice done to tribals in the last few decades.”
“An NGO working on wildlife in 2009 raised a challenge about the Constitutional validity of the Forest Rights
Act before the Supreme Court. It was later joined by a group of retired forest officials known to be against the law
from the beginning,” said the resolution.
It further cited media reports that government lawyers, “sat quietly in the last three hearings of the case before the
Supreme Court and in the last hearing on February 13th they were not even present.”

Case Study 30: CPI (M) demands ordinance to protect adivasis after SC order
The CPI(M) on Thursday demanded that the Centre enact an ordinance to protect all adivasis and traditional
forest dwellers in the wake of a Supreme Court order directing States to ensure the eviction of forest dwellers
whose claims had been rejected.
“Adivasis are being punished for no fault of theirs but because of the utter failure of Central and State
governments to implement the law,” the CPI(M) Politburo said in a statement here.
According to latest figures from December 2018, out of a total of 42.19 lakh claims received across the country,
only 18.89 lakh or just over 40% of the claims had been accepted. The CPI(M) contended that the rejections were
often arbitrary, against the recommendations of the gram sabha and driven by lobbies, who want to handover the
forests to private parties and businesses.
The party also alleged that the Central government’s legal counsel was “deliberately” absent on the critical date of
hearing.
“It will be highly unjust to adivasis and traditional forest dwellers if an ordinance is not passed immediately to
protect them from eviction,” Politburo member Brinda Karat wrote to Prime Minister Narendra Modi.

Case Study 31: Post-SC verdict, future looks bleak for forest dwellers
Most of the families facing eviction are from Thrissur, Palakkad, Ernakulam districts
Forest dwellers in Thrissur, Palakkad, and Ernakulam districts form the majority of the 894 families facing
eviction from their properties in the next five months in the wake of last week’s Supreme Court order related to
Forest Rights Act, 2006. According to sources, the highest number of such families are in Thrissur (461),
Palakkad (183), and Ernakulam (161), followed by Kottayam (63). There are some in Pathanamthitta, Idukki, and
Kollam. In a case related to the rejection of their ownership claims, the apex court had on February 13 ordered the
eviction of over 10 lakh families belonging to the Scheduled Tribes (STs) and Other Traditional Forest Dwellers
categories across 21 States. The case was filed by wildlife groups who questioned the validity of the Act. Details
of the order were made available on Wednesday.
However, those working for tribal rights have questioned the Union government’s stand in the case, which, they
claimed, had weakened the position of the forest dwellers.
‘Termed encroachers’
Santhosh Kumar, social activist, told The Hindu on Thursday that the Centre should have defended the Forest
Rights Act in the court. “It is presumed that the forest dwellers have been termed encroachers as per the Forest
Conservation Act of 1980. The Centre did not bother to point out the provisions of the Forest Rights Act, the
latest legislation passed by Parliament dealing with the rights of tribespeople,” he said.
He said the officials had not followed the procedure to determine the rights of the tribespeople over forests. There
were committees at the grama sabha, subdivisional, and district levels to recognise the rights. None of these
panels were reportedly involved before declaring the forest dwellers as encroachers, he alleged.
The Bench of Justices Arun Mishra, Navin Sinha, and Indira Banerjee had directed that the eviction be carried out
by July 24, when the case would be heard next.
Officials from the Department of Scheduled Castes and Scheduled Tribes, however, said that they were yet to get
any communication on the issue. They claimed that the Director, Scheduled Castes/Scheduled Tribes
Development, would be required to submit a report to the government on the eviction process only after
examining the order.

Case Study 32: Landless tribespeople in Wayanad at sea

Those who participated in stirs till 2004 assigned land
When agitations for land intensified in Wayanad under the aegis of tribal outfits of major political parties in 2012,
thousands of landless tribal families had participated in it. They claimed their right to land by erecting huts on
forestland.
Those who had participated in similar agitations till 2004 were assigned land under the Forest Rights Act, 2006.
Now, a Supreme Court order has directed their eviction from the land.
The tribespeople had opened 53 protest centres in various parts of the district under the South and North Wayanad
forest divisions. Though Forest Department officials had arrested 826 protesters, including 296 women, they
returned to the same place after local courts granted them bail.
Once the intensity of the agitation subdued, a few among them returned home.
Those who did not possess a single cent of land chose to stay back. Many among them have started cultivating
ginger, coffee, and pepper on the land.

Broken promises
Balakrishnan, a member of the Anappara Kattunayakka hamlet near Pakkom, has planted nearly 300 pepper vines
and 200 coffee plants on an acre of vested forestland ‘assigned’ to him by leaders of the Adivasi Congress, an
outfit of the Congress party at its Irulam protest centre near Pulpally.
Apparently, the activists promised him that he would not be evicted from the land at any cost.
Sujatha, 35, a resident of the Kottakkolly Paniya hamlet and an activist of the Adivasi Kshema Samiti, the tribal
arm of the Communist Party of India (Marxist), said her party men had told her that they should not leave the
agitation venue at Cheeyambam, near Pulpally, till they secured their own land. They still live in makeshift huts,
plagued by dearth of drinking water, unhygienic surroundings, and attack of wild animals.
“If we are evicted from the land, we have no idea where we will go along with my three children,” Ms. Sujatha
said. Though the Poothadi grama panchayat had constructed toilets for a few of them, many of them were yet to
be utilised owing to water shortage.

Case Study 33: Odisha forest dwellers panic in wake of order

Lakhs of people residing in Odisha’s forested regions are panicked over possible eviction from their homeland in
the wake of the Supreme Court’s recent order on the Forest Rights Act. A total of 1,45,524 applications seeking
recognition of Individual Forest Rights (IFR) have been rejected in the State by the Supreme Court.
“The State government must come to our rescue and help review our applications immediately,” said Khageshwar
Majhi of Gadiajore village under Nuapada district, whose application has been rejected.
Activists, however, felt that four months may be too little time to complete verification, re-verification or review
process pending with the State government.
“Lack of sufficient evidence has been found to be the cause of rejection in 50,492 applications. People residing in
forest areas belong to the lowest strata of society. They have no knowledge of documenting their properties.
Under this circumstance, considerate view should be taken while reviewing their claims,” said Y. Giri Rao, a
leading activist for people’s right on forest resources.
He said the statutory time frame provided for the review of rejected applications at the gram sabha, sub-divisional
and district levels would take around 200 days.

Case Study 34: Lakhs of forest dwellers face eviction

People across 21 States may be affected by the Supreme Court order that rejected their claim
A recent Supreme Court order may lead to the eviction of lakhs of persons belonging to the Scheduled Tribes
(STs) and Other Traditional Forest Dwellers (OTFDs) categories across 21 States — their claim as forest dwellers
have been rejected under the Forest Rights Act of 2006.
A three-judge Bench of Justices Arun Mishra, Navin Sinha and Indira Banerjee on February 13 had ordered the
Chief Secretaries of many of these States to evict those whose claims as forest dwellers have been finally rejected
under the law. The court directed that the eviction should be carried out on or before July 24, 2019, that is, the
next date of hearing.
‘File affidavits by July 12’
The Bench, in a 19-page order, cautioned the States that if the evictions are not carried out within the stipulated
time, “the matter would be viewed seriously.”
The court ordered the States’ Chief Secretaries to also file affidavits by July 12, explaining why the rejected
claimants were not evicted even after their claims were junked.
The court ordered the Forest Survey of India (FSI) to make a satellite survey and place on record the
“encroachment positions.” It directed FSI to also place on record the position “after the eviction as far as
possible.”
Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of
2006 shows a multi-layered and hierarchical procedure for recognition or rejection of forest-dweller claims
starting at the gram sabha level with multiple appellate committees at the State level.
The Act is intended to provide a framework to “recognise and vest the forest rights and occupation in forest land
in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests
for generations but whose rights could not be recorded.”
In Andhra Pradesh, the court recorded that not a single order of eviction has been complied though 66,351 claims
across 1,14,400 acres of forest land have been rejected. “Once orders of eviction have been passed, the eviction
ought to have taken place,” the Supreme Court said. Likewise in Assam, 22,398 claims of STs and 5,136 claims
of OTFDs across 10,128 hectares and 561.4 hectares, respectively, were rejected.
In Tamil Nadu, 7,148 claims of STs and 1,881 claims of OTFDs were rejected. In Karnataka, the number of
rejected claims of OTFDs far surpass that of STs at 1.42 lakh to 35,521. Over 82,000 claims of STs were rejected
in Telangana alone. Kerala’s statistics show that out of 39,999 claims, 894 were rejected. West Bengal records the
rejection of 50,288 claims of STs and 35,856 claims of OTFDs. Other States under the spotlight are Maharashtra,
Rajasthan, Madhya Pradesh, Odisha, Uttarakhand, Uttar Pradesh, Tripura, Jharkhand, Himachal Pradesh, Goa,
Chhattisgarh, Bihar and Gujarat.

Case Study 35: Modify Feb. 13 eviction order of lakh of forest dwellers: Centre urges SC
States’ mechanism to reject claims is faulty, the Centre claimed
The Centre and the State of Gujarat filed applications on Wednesday urging the Supreme Court to modify its
February 13 order directing the eviction of thousands of Scheduled Tribes (STs) and other traditional forest
dwellers whose claims for forest land rights have been rejected under the Forest Rights Act of 2006.
Solicitor General Tushar Mehta made an urgent oral mention of the applications before the Bench led by Justice
Arun Mishra, which had passed the February 13 order. The Bench agreed to hear the case on February 28.
In its application, the Centre said the claims of lakh of forest-dwelling STs and other traditional forest dwellers
were rejected by the States without observing due process of law.
The Centre refers to its letter of September 12, 2014, which speaks of the various injustices met out to the tribal
populations and forest dwellers in States hit by left-wing extremism. The Centre said such States have high tribal
populations too.
The forest land claims of these tribes and forest dwellers, who live from the forest, are mostly rejected by the
States. Being poor and illiterate people who live in remote areas, they do not know the appropriate procedure for
filing claims.
The gram sabhas, which initiate the verification of their claims, are low on awareness about how to deal with
these claims. The rejection orders are not even communicated to the forest-dwelling STs and communities.
The Centre said the 2014 letter did not produce any change in the ground and was followed by a series of letters
in 2015 highlighting issues like “high rate of rejection of claims, non-communication of rejection order,
unrealistic timelines in deciding claims, irregular holding of State-level Monitoring Committee meetings, lack of
support from the district administration concerned in providing revenue or forest maps, rejection of claims despite
incomplete or insufficient evidence, etc.”
“It was requested that technology such as satellite imagery may be used for consideration of claims,” the Centre
had suggested to the States in one of the letters.
But no efforts seem to have been taken by the State governments to remedy the situation to effectively implement
the 2006 Act, the Centre indicated.
“It is uncertain whether the data furnished by the State governments accurately indicates whether the rejection
orders were passed after observance of due process of law; compliance with principles of natural justice and
whether appeal mechanisms have been properly exhausted. Without such information and compliance with the
mandate of law in letter and spirit, the eviction of such tribal, would amount to serious miscarriage of justice,” the
Centre argued.
The Centre urged the court to modify its order and direct the State governments to file detailed affidavits
regarding the procedure followed and details of the rejection of claims.
“Till then, the eviction of the tribals may be withheld the eviction of tribals, without such information, would
cause serious prejudice to them who have been residing in forests for generations,” the Centre submitted.
The Centre argued that there is no specific provision in the 2006 Act for eviction after a claim is rejected.
The 2006 Act is a beneficial legislation which should be liberally construed in favour of the poor.

Case Study 36: CPM demands ordinance to protect tribals

CPM on Thursday demanded that the government intervene immediately to protect the rights of tribals and forest
dwellers facing eviction. In a letter to PM Narendra Modi, CPM leader and politburo member Brinda Karat
demanded that the government pass an ordinance to “safeguard the lives of nearly 23 lakh Adivasis and
traditional forest dwellers” who face eviction. Karat accused the government of “connivance with the petitioners”
and said in its five-year tenure, it had passed many laws to dilute the Forest Rights Act. CPM added: “The nodal
agency for implementing the Act is the tribal affairs ministry. Instead of giving them the responsibility, your
government has left it to the ministry which has been against the Act,” she said. She was referring to the
environment ministry.

Case Study 37: Supreme Court’s forest land order: CPM asks govt. to issue ordinance to
protect tribals from eviction
CPM said the order will affect more than one million tribals and traditional forest dwellers and asked the Central
government to issue an ordinance to protect them from eviction. A DAY after the Supreme Court directed 17
states to carry out eviction of all those whose claims in respect to forest land had been rejected, the CPM on
Thursday said the order will affect more than one million tribals and traditional forest dwellers and asked the
Central government to issue an ordinance to protect them from eviction. CPM Politburo member Brinda Karat
shot off a letter to Prime Minister Narendra Modi saying, “It will be highly unjust to adivasis and traditional
forest dwellers if an ordinance is not passed immediately to protect them from eviction.” She added: “It will be
virtual declaration of war against adivasis.” “According to the latest figures available (December 2018) of the
42.19 lakh claims made, only 18.89 lakh claims have been accepted. This means that 23.30 lakh adivasis and
traditional forest dwellers are vulnerable to eviction according to the Supreme Court orders. It is highly
regrettable that the counsel arguing for the Central Government was absent from the Court on the crucial date.”
“This betrayal of the rights of adivasis was the culmination of the connivance of the Ministry concerned with the
petitioners. Many of the petitioners in the case are retired officers of the forest department. At no point in these
years did the legal representatives of your government take a strong position in court in defence of the rights of
adivasis and traditional forest dwellers,” she said. She said the nodal agency for the implementation of the Forest
Rights Act is the Tribal Affairs Ministry “but instead of giving the responsibility of the case to them, your
government has left it deliberately to the Ministry which has been totally against the Act from the beginning”.
“The Forest Rights Act specifies under Sec 4 (5) that no one can be evicted without proper procedure. However,
the authorities who are supposed to follow this procedure are themselves responsible for the violation and
arbitrary rejection of claims even those claims recommended by the gram sabhas.”She demanded that an impartial
body should go through the claims of adivasis which have been rejected and not leave it to the ministries.
Case Study 38: Govt. must protect Adivasi families, says Ahmed Patel
Questions Centre’s silence on SC order to evict families
Senior Congress leader Ahmed Patel on Friday described as “insensitive” the Modi government’s silence on the
Supreme Court order to evict families that cannot prove ownership rights over forestland. He asked the
government to intervene immediately.
“The order and the government’s silence during the proceedings to evict over 11 lakh Adivasis from their homes
is inhuman, insensitive & devoid of compassion,” Mr. Patel tweeted. “The government must come to their
immediate rescue. Else, we will do all it takes to protect our Adivasis from the BJP’s tyranny.”
Activists say the order could affect as many as one million families. CPI(M) leader Brinda Karat wrote to Prime
Minister Narendra Modi on Thursday asking for an ordinance to protect the Adivasi families. She said rejection
of claims was often arbitrary, against the recommendations of the gram sabha and driven by lobbies.
“It will be highly unjust to adivasis and traditional forest dwellers if an ordinance is not passed immediately to
protect them from eviction,” Ms Karat said.

Case Study 39: With Supreme Court order on forest land, 4 lakh claimants set to be evicted
in 3 states
Several Adivasi rights groups have issued statements against the Supreme Court order. These include the All
India Forum of Forest Movements, National Advocacy Council for Development of Indigenous People, Bhumi
Adhikar Andolan, Campaign for Survival and Dignity, and National Alliance for People’s Movements. The
Supreme Court order of February 13, directing states to evict Scheduled Tribes (ST) and Other Traditional Forest
Dweller (OTFD) whose claims over forest land have been rejected, notes that Madhya Pradesh, Odisha and
Telangana are the states that rejected maximum claims, and where more than 4 lakh claimants are set to be
evicted.According to the affidavit filed by the states before the three-judge bench of Justices Arun Mishra, Navin
Sinha and Indira Banerjee, at least 6,60,388 ST claimants are set to be evicted from forest land across the country.
The data shows that 22,87,225 ST applicants sought claim over the forest land, meaning that 29 per cent of the
STs who claimed forest land are likely to be evicted.The data also shows that in case of OFTDs, 6,84,485 filed
claims over the forest land, and as many as 4,44,493 claims were rejected by the respective state governments.The
Supreme Court has ordered that for the 17 states where rejection order has been passed, the chief secretary will
ensure “eviction will be carried out on or before the next date of hearing”. The court will hear the matter on July
24. “Forest Survey of India (FSI) make a satellite survey and place on record the encroachment positions and also
state the positions after the eviction as far as possible,” the order statesMadhya Pradesh received 4,26,105 claims
by STs and rejected 2,04,123 of them. The state received 1,53,306 claims by OFTDs and rejected as many as
1,50,664. Odishareceived the maximum claims by STs —- 5,73,867 —- and rejected 1,22,250. It also received
31,687 claims from OFTDs and rejected 26,620 of them. Telangana received 1,83,252 claims by STs and rejected
82,075 of them.Maharashtra was second in terms of number of claims by STs. Of the 2,54,042 claims, the
government rejected only 13,712. Kerala received 39,999 claims by STs and rejected 894 of them.The apex
court’s order came in connection with a PIL filed by the NGO ‘Wild Life First’, which challenged the validity of
the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.Abhay
Xaxa, national convenor of the coalition National Campaign on Adivasi Rights, said that the silence of the
ministries of Tribal Affairs, Environment and Forests and Prime Minister’s Office was in keeping with the trend
witnessed so far, wherein the rights of Dalits, minorities and Advasi communities are disregarded and laws meant
to protect them diluted.“Under the Forest Rights Act, until the claims process is on, Adivasis (STs) and OTFDs
should not be evicted. Lakhs of claims are in process, as also the appeal process against rejected claims. The
process is taking so long due to bureaucratic delays. There is also the issue of corruption, where to suit the agenda
of powerful mining and other private companies, genuine claims are rejected. The fate of over a million Adivasis,
who are worse off than minorities and Dalits, has taken a disastrous turn and they don’t have a voice in this
decision,” said Xaxa, adding that many Adivasi rights organisations are planning to regroup to challenge the
eviction process.Several Adivasi rights groups have issued statements against the Supreme Court order. These
include the All India Forum of Forest Movements, National Advocacy Council for Development of Indigenous
People, Bhumi Adhikar Andolan, Campaign for Survival and Dignity, and National Alliance for People’s
Movements.“Traditionally the Adivasi and OTFD communities never had a concept of ‘ownership of private
property’. They treated forest land as common land and didn’t obtain documents for the land in their use.
Culturally, Adivasis and OTFDs are instrumental in maintaining biodiversity and protecting wild animals. It is the
development of tourism, wildlife sanctuaries, biodiversity parks, that disturb wildlife, then why was this not
questioned by the bench?” said Ramesh Nathan from National Campaign on Dalit Human Rights.

Case Study 40: Nearly 20 Lakh Tribals Vulnerable to Eviction Thanks to Supreme Court Order
The Supreme Court had ordered the eviction of over 10 lakh tribals from forest land over which they hadn’t
demonstrated ownership.
As per the apex court’s order, those households whose claims over forestland had been rejected are to be
evicted by the states before the matter is heard next.
However, the order could potentially impact almost 20 lakh tribal and forest-dwelling households. This is
according to data collected by the Ministry of Tribal affairs. As on November 30, 2018, 19.39 lakh claims had
been rejected across the country.
The Forest Rights Act (FRA) was passed in 2006 to “recognise and vest the forest rights and occupation in
forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in
such forests for generations but whose rights could not be recorded.”
According to Shankar Gopalakrishnan, secretary of the Campaign for Survival and Dignity, a national
platform of forest dwellers groups the order applies for now to the states which have been individually
directed by the SC to evict claimants. The number can go up in time.
“As other states submit their affidavits to the court, the same order is likely to be applied to them and the
number of those who are impacted will increase,” he told The Wire.
“The order could potentially also be misused by forest departments across the country to evict tribals and
forest dwellers.”
It was issued as part of a case filed by wildlife organisations and retired forest officers, who have challenged
the constitutional validity of the Act and argued that it encourages encroachment of forestland.
Weak defence:- On February 13, while hearing the matter, the court had asked state governments to report on
the action they had taken against those claimants whose claims have been rejected. Subsequently, 20 states
filed affidavits with the SC, based on which the it pronounced its order on Wednesday.
Curiously, the Centre’s defence of the law seemed suspect. In a letter sent earlier this month to the minister of
tribal affairs, a coalition of opposition parties and land right activist groups expressed concern that the
Government of India had not defended the law.
“In the last three hearings – in March, May and December 2018 – the Central government has said nothing,”
the letter noted. On February 13, government lawyers were not present in court.
In a letter to Prime Minister Narendra Modi, Brinda Karat of the CPI(M) had also pointed out that the total
number impacted by the SC order could be much higher.
She contends that since only 18.89 lakh of 42.19 lakh claims have been accepted, the remaining 23.30 lakh
claimants are left vulnerable to being evicted by the order. She urged Modi to pass an ordinance to protect the
tribals and forest dwellers.According to Land Conflict Watch, a website that maps land-related conflicts in
India, the total number of people impacted by the Forest Rights Act is 14.22 lakh and that the total affected
area is 5.53 lakh hectares. Tushar Dash, of Community Forest Rights – Learning and Advocacy, an advocacy
group working on creating awareness on the FRA, called the number “huge”. He added it could be “much
higher than official figures because all rejection and pending claims are not reported.”

Flawed premise:-Under the Act, claimants can lodge an appeal if their claim has been rejected. “So, if a claim
is appealed, under the state government’s books, it shows as rejected,” a Supreme Court lawyer said.
However, the apex court has said that its orders are to be applied to cases ‘in which orders have attainted
finality’. It remains unclear what that means. “Under the Act, there is no provision for evicting tribals and
forest dwellers. So it remains to be seen how these orders will be implemented,” the lawyer said. “It appears to
me that the SC has overstepped.” Activists have also pointed out that in several cases where claims have been
rejected, state governments have followed faulty processes. “In several cases, the claims have been rejected
based on flawed methodologies in violation of FRA Rules. For example, in Gujarat, claims were rejected only
based on satellite maps. They were not based on ground surveys,” Dash said. In a letter to chief secretaries of
state, the Union Ministry of Tribal Affairs pointed out that in several claims had been rejected based on
‘frivolous’ objections. In Kerala, the ministry pointed out, a new ground was ‘invented’ terming forestland
“ecologically fragile land”. This, the letter said, was not tenable under the FRA.“So now, all such rejections
could lead to evictions. And the main reason for this order is that the Centre chose to remain silent and not
defend the law,” the lawyer added.

Case Study 41: Supreme Court order on eviction consistent with its stand on forest rights
Three orders passed by the Supreme Court in 2016, 2018 and 2019 do not question the three-tiered verification
process which forest rights claims undergo under the 2006 Forest Rights Act.
The February 13 order of the Supreme Court to several States to evict lakhs of claimants finally rejected under
the Forest Rights Act (FRA) is an outcome of the consistent stand taken by the top court in the case since 2016
that encroachers should be evicted from forest land after due process.
On January 29, 2016, a three-judge Bench of Justices J. Chelameswar (now retired), A.M. Sapre and Amitava
Roy (retired) held that “if the claim is found to be not tenable by the competent authority, the result would be that
the claimant is not entitled for the grant of any patta or any other right under the Act, but such a claimant is also
either required to be evicted from that parcel of land or some other action is to be taken in accordance with law.”
Two years later, on March 7, 2018, an apex court Bench of Justices Madan B. Lokur, Kurian Joseph (both retired)
and Deepak Gupta again sought information from the States concerned about the “action taken against those
claimants whose claims have been rejected” and “the status of eviction of those claimants whose claims have
been rejected and the total area from which they have been evicted”, among other directions.
The February 13 order was a follow-up of these two orders. All three orders are based on a writ petition jointly
filed by NGOs Wildlife First, Nature Conservation Society and Tiger Research and Conservation Trust in 2008.
The three orders — 2016, 2018 and 2019 — passed by the Supreme Court do not question the three-tiered
verification process which forest rights claims undergo under the 2006 Act.
The process of verification of the claims of forest-dwelling Scheduled Tribes and Other Traditional Forest
Dwellers (OTFD) is initiated by none other than the local gram sabha. The Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Rules of 2007 mandate that the gram sabha should
have adequate representation from Scheduled Tribes, primitive tribal groups and pre-agricultural communities.
An appeal would lie with the sub-divisional level committee against the gram sabha’s decision on claims. This
committee is formed by the State government. A second appeal can be filed with the district level committee,
whose decision over the claims of forest rights would be “final and binding.”
It is these “finally rejected” claims that the Supreme Court is bothered about. The court has not interfered with
claimants whose titles have proven to be genuine as per the three-tiered verification process under the 2006 Act.
In fact, statistics of the Ministry of Tribal Affairs (MoTA), the nodal agency under the 2006 Act, show that lakhs
of titles were distributed to genuine claimants even as several lakh claims were rejected across 20 States.
The MoTA’s data up to November 2018 shows that 42,24,951 claims from individuals and communities were
received till November 30 last year. Of this, 18,94,225 titles were distributed while 19,39,231 claims were
rejected. The Ministry data, collated from inputs supplied by the States, show that titles were distributed to
44.83% of the number of claims received.
Reports have criticised the Centre for remaining a mute spectator on February 13. In fact, the 2016 order records
the stand taken by the Centre, represented by then Additional Solicitor General P.S. Narasimha, in the case.
Mr. Narasimha had made it clear to the Supreme Court on January 29, 2016 that it was entirely up to the State
governments and their authorities to legally proceed against those who were unauthorisedly in possession of
forest land within their respective jurisdictions.
Case Study 42: Farmers’ body plans campaign over eviction of forest dwellers
Critical of Central government’s attitude; vows to resist eviction
The All India Kisan Mazdoor Sabha (AIKMS) is planning a nationwide campaign to expose the Narendra Modi-
led Central government’s “anti-forest dweller” attitude and its “collusion” with corporate houses that may lead to
eviction of lakhs of tribals and others from their traditional habitat.
Through a statement, the central executive committee of AIKMS has strongly opposed the recent order of the
Supreme Court to evict people from forests, whose claims as forest dwellers under the Forest Rights Act, 2006,
has been rejected. It has demanded immediate review of the order and vowed to resist eviction.
‘Bring ordinance’
“We have also demanded that the Central government bring in an ordinance to stop eviction of forest dwellers,”
said AIKMS national secretary Bhala Chandra Shadangi. The Kisan Sabha was critical of the Central government
for not arguing in favour of forest dwellers in the Supreme Court. Over 20 lakh poor forest dwellers are about to
lose their rights over land as their claims were rejected for trivial reasons and the government elected by them did
not stand up in their support, alleged the organisation.
“Despite the fact that several organisations had informed Union Tribal Affairs Minister Jual Oram about the
government’s attitude during the past three hearings, the government intentionally failed to have its lawyer during
the hearing on February 13, and the three-judge Bench passed order to States to evict tribals whose claims have
been rejected and submit a report to the Supreme Court by July 27,” he said.
“As per the Fifth Schedule, two-third of forests belongs to the tribals. The Centre should have defended the rights
of these forest dwellers but it has failed in its duty,” he said

Case Study 43: SC order on FRA stems from 2016 stand on bogus claimants
The three orders — 2016, 2018 and 2019 — passed by the Supreme Court do not question the three-tiered
verification process which forest rights claims undergo under the 2006 Act.
The February 13, 2019 order of the Supreme Court to several States to evict lakhs of claimants finally rejected
under the Forest Rights Act (FRA) is an outcome of the consistent stand taken by the top court in the case since
2016 that encroachers should be evicted from forest land after due process.
On January 29, 2016, a three-judge Bench of Justices J. Chelameswar (now retired), A.M. Sapre and Amitava
Roy (retired) held that “if the claim is found to be not tenable by the competent authority, the result would be that
the claimant is not entitled for the grant of any patta or any other right under the Act, but such a claimant is also
either required to be evicted from that parcel of land or some other action is to be taken in accordance with law.”
Two years later, on March 7 last year, an apex court Bench of Justices Madan B. Lokur, Kurian Joseph (both
retired) and Deepak Gupta again sought information from the States concerned about the “action taken against
those claimants whose claims have been rejected” and “the status of eviction of those claimants whose claims
have been rejected and the total area from which they have been evicted,” among other directions.
The February 13, 2019 order was a follow-up of these two orders passed in January 2016 and March 2018. All
three orders are based on a writ petition jointly filed by NGOs Wildlife First, Nature Conservation Society and
Tiger Research and Conservation Trust in 2008.
The three orders — 2016, 2018 and 2019 — passed by the Supreme Court do not question the three-tiered
verification process which forest rights claims undergo under the 2006 Act.
The process of verification of the claims of forest-dwelling Scheduled Tribes and Other Traditional Forest
Dwellers (OTFD) is initiated by none other than the local gram sabha. The Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Rules of 2007 mandates that the gram sabha coram
should have adequate representation from Scheduled Tribes, primitive tribal groups and pre-agricultural
communities.
An appeal would lie with the sub-divisional level committee against the gram sabha’s decision on claims. This
committee is formed by the State government. A second appeal can be filed with the district level committee,
whose decision over the claims of forest rights would be “final and binding.”
It is these “finally rejected” claims that the Supreme Court is bothered about. The court has not interfered with
claimants whose titles have proven to be genuine as per the three-tiered verification process under the 2006 Act.
In fact, statistics available on the Ministry of Tribal Affairs (MoTA), which is the nodal agency under the 2006
Act, show that lakhs of titles were distributed to genuine claimants even as several lakh claims were rejected
across 20 States.
The MoTA’s data up to November 2018 shows that 42,24,951 claims from individuals and communities were
received till November 30 last year. Of this, 18,94,225 titles were distributed while 19,39,231 claims were
rejected. The ministry data, collated from inputs supplied by the States, show that titles were distributed to
44.83% of the number of claims received.
Reports have criticised the Centre for remaining a mute spectator on February 13. In fact, the 2016 order records
the stand taken by the Centre, represented by then Additional Solicitor General P.S. Narasimha, in the case.
Mr. Narasimha had made it clear to the Supreme Court on January 29, 2016 that it was entirely up to the State
governments and its authorities to legally proceed against those who were unauthorisedly in possession of forest
land within their respective jurisdictions.

Case Study 44: Niyamgiri’s Dongria Kondh gird for ‘resistance’ after SC order
‘Tribals got land titles, but habitat rights were not honoured’
With a recent Supreme Court order triggering panic among forest dwellers over possible eviction, Odisha’s
Dongria Kondh tribals have resolved to resist any attempt to force them out.
The tribe shot into the limelight for their successful resistance against the Vedanta Group’s plan to mine bauxite
in the ecologically and mineral-rich Niyamgiri hill range.
The Dongria Kondh are currently holding their annual ‘Niyamraja festival’ on the picturesque hilltop of
Niyamgiri.
The issue of possible eviction of tribals, whose applications for regularisation under the Forest Rights Act (FRA),
2006, had been rejected, came up for discussion at the festival.
The Dongria Kondh’s habitations dot the Niyamgiri hills in Kalahandi and Rayagada districts.
As per official records of the distribution of titles under FRA, 562 claims were received from 591 households
under the Kutia Kandh Development Agency, Lanjigarh. Gram Sabhas had approved all 562. However, 310
claims involving 313.80 acres were approved by the District Level Committee and certificate of titles were
distributed. Under Dongria Kondh Development Agency, Chatikona and Dongria Kondh Development Agency,
Parsoli, of 2,126 applications, Gram Sabhas approved 1,895. All applications were approved by DLC and
certificates involving 3,088 acres of land were distributed. The rights sought by the Dongria Kondh have not been
met, says Niyamgiri Surakshya Samiti, and it fears that the government might push its mining agenda in the
future.

Case Study 45: Kishore Chandra Deo joins TDP, talks of bauxite mining issue
Credit of cancelling the mining licence goes to Naidu, he says
Congress leader and former Union Minister V. Kishore Chandra Deo joined the TDP in the presence of national
president and Chief Minister Chandrababu Naidu in the CM’s residence at Undavalli near here on Sunday.
His supporters from the Araku Lok Sabha constituency turned up in good numbers at the venue. Welcoming them
into the party fold, Mr. Naidu said the TDP would become stronger in north coastal Andhra with the entry of Mr.
Deo.
The former Union Tribal Affairs Minister touched upon the bauxite mining, a sensitive issue in the
Visakhapatnam Agency area where the tribals and the Opposition parties had been opposing it.
“The bauxite mining licence was not cancelled though I opposed it tooth and nail. The Congress was in power at
both the State and the Centre then. The credit of cancelling the licence goes to Mr. Naidu,” Mr. Kishore Chandra
Deo said.
‘YSR responsible’
“The people are not aware of the facts behind the bauxite mining. It is unfortunate a sitting MLA and an ex-MLA
were killed.” Mr. Naidu said the mining was against the sentiments and rights of the tribals. YSR was responsible
for it and the turmoil. Justice was done to the tribals during the TDP government. Mr. Deo strove to stop it, he
said.
Mines and Geology Minister Sujay Krishna Ranga Rao said Mr. Deo was an ‘ajatasatru’ (one who has no foes),
had rich political experience and played key role in national politics.
Mr. Deo represented the Araku (ST) constituency from 2009-2014. He had been elected to the Lok Sabha five
times and also held one term in the Rajya Sabha. At present, the Araku constituency is represented by Kothapalli
Geeta, who won the 2014 election on the YSR Congress ticket. She floated her own party Jana Jagruti Party in the
recent past.

Case Study 46: TN Govt. urged to file review petition against SC order on evicting tribals
The Centre should immediately pass an ordinance to counter the Supreme Court order that would see the eviction
of over one million tribals from their traditional forests. The Tamil Nadu Government should file a review
petition against the Supreme Court order, said P. Shanmugam, general secretary of Tamil Nadu Vivasayigal
Sangam here on Tuesday.
Addressing the media here, Mr. Shanmugam said the order was a violation of the constitutional rights of tribals
and others non-tribal communities dependent on the forests.
The Supreme Court, on February 13, ordered the States to evict tribals and other forest dwellers whose claims to
forest lands were rejected under the Forest Rights Act. However, this order had been widely criticised by
activists, who have pointed to the faults in the processing of the claims, and the failure of the appeals systems for
rejected claims.
According to Mr. Shanmugam, the BJP Government at the Centre has overseen vast dispossession of lands of
farmers during its tenure. Farm lands in the Delta and elsewhere were being lost to State led dispossession for the
hydrocarbon project, 8 lane and 4 –lane highway projects and for high tension power line project. The coming
elections will witness the demands of the farmers taking the foreground, Mr.Shanmugam said.

Case Study 47: They do not understand us, our forest, say tribals in shadow of eviction
On February 13, the Supreme Court directed the eviction of families whose claims had been rejected under the
Forest Rights Act, an order impacting over 10 lakh tribals and other forest dwellers across the country.As they sit
on the forest floor, fifty of them from 17 villages and seven gram panchayats, Tikam Nagvanshi puts his hand on
one of the sal trees that tower above them and says, “They ask us for forms, signatures, maps and documents, and
come in their cars to judge us… We have lived here before they could write on paper, or the first car was seen
here, or people knew what a map or a pen even was. This forest is our home.”On February 13, the Supreme Court
directed the eviction of families whose claims had been rejected under the Forest Rights Act, an order impacting
over 10 lakh tribals and other forest dwellers across the country. Though the court later stayed its order till July
10, deep within the forests of Udanti-Sitanadi Tiger Reserve in Chhattisgarh’s Gariaband district, there is still
worry — and anger that “the whims of government officials” have brought them to the brink of eviction.
Nagvanshi is the sarpanch of Kurrubhata village, one of the 17 villages in a committee the villagers have created
called Udanti-Sitanadi Tiger Reserve Forest Jansamiti. “Almost every family here has applied for individual
rights under the Forest Rights Act, and we have all lived here for generations. But only 20 per cent have got ‘van
patta (land deed)’. That’s because government officials do not want to give us land, because if they do, we get the
right to decide what to do with it,” he said. Nagvanshi has been applying for land rights every year since 2009.
The Act allows people to get land rights if they have lived on the land for at least three generations before
December 2005. “We would fill up the form, but when the revenue officials and forest officials came for their
ground check, they would say they do not have our land in their records,” he says. For the last five years, these
villages have also been applying for community rights under the Act. “The officials say this falls in the core area
of the sanctuary, and they are processing our claims. But we have lived here for generations,before this was
declared a sanctuary,” he says. The Udanti Wildlife Sanctuary came into being in 1983, while the neighbouring
Sitanadi Wildlife Sanctuary was created in 1974, both then merging into one tiger reserve in 2009. “Before all
these dates, I was born here, so were my parents and grandparents,” said the 65-year-old Nagvanshi. Benipuri
Goswami, an activist who works on FRA rights, says most rejections come at the stage of “ground checks”.
“Villagers are required to have certifications such as the ‘jaati praman patra’, and there are many who don’t have
it. But let’s say they do and the stage for ground checks arrives. Most people who live in the forest are not
lettered. So if an official comes and you tell him that this is your five acres, he might enter that as one acre in his
records, and you have no way of knowing. Often they write ‘nirast (rejected)’, but tell tribals that their claims
have been approved. It’s only years later that they realise their names are not on records. They can then appeal,
but there is no hearing,” he says. Often though, there are rejections simply because there’s little understanding of
the tribal way of life. For instance, most of the 17 villages in the committee have tribals from the Gond
community, but Chindaula is home to the Kamars, a Particularly Vulnerable Tribal Group. Says Goswami, “There
are 62 claims in Chindaula, but most have been rejected because when the team came and looked for proof that
the Kamars either lived on the land or tilled it, they looked for farm equipment — a bullock cart, or a spade. But
the Kamars do shifting cultivation and plant with their hands. The officials didn’t understand that and rejected all
the claims.”The villagers bristle at the argument that their presence has led to a depletion of forests.“They reject
our claims because they say there are tigers in the reserve. We have not seen one in 30 years. Is that our fault?
Those from the cities do not understand our relationship with the forest. My name in Nagvanshi, and I worship
snakes. We are the ones who protect the forest and the life in it. Have we, like the government, cut sal and
saugaun trees and taken them away to sell?” asks Nagvanshi. Villagers admit that the new government in the state
has invited everyone whose claims have been rejected to re-apply. But if they end up being evicted, villagers say
there is only one option left them to exercise. “Road pe utarba (We will come down to the roads). We will fight
and raise our voices,” says Nagvanshi

Case Study 48:Govt. urged to return Dalits’ land

Officials dug up the land along with adjoining water tank, they claim
Dalits of sleepy Namburivaripalem village in Addanki mandal were jointly cultivating a variety of crops,
including paddy, in 14.35 acres for over six decades by the side of village water tank before it was dug up.
They were caught unawares when on the night of August 20, 2015 earth-movers of the contractor concerned
started deepening first the water tank before taking it up in their land too under the TDP government’s Neeru
Chettu programme, as decided by the local Janmabhoomi Committee.
“We welcomed the water conservation work initially thinking that we will get assured water if the adjoining water
tank is deepened. But the earth removal work was first extended to an acre of the land adjoining the water tank
before the entire area was dug up,” sobbingly recalled Madhumala Ramanamma in a conversation with The
Hindu.
Staring at the bone dry water tank, another farmer Katta Srinivasa Rao said the piece of land once in their
possession was fertile one and enjoyed by 54 Dalit families which held 25 cents each.
Till 2000 they had been growing paddy, but with reduction in rainfall later, they were forced to switch over to
crops like Bengal gram, cotton and tobacco, added another farmer Bathula Raja Rao.
Showing the patta issued by the State government in 1993, another displaced farmer Katta Srinivasa Rao said,
“The revenue officials have demarcated and subdivided the kunta land measuring 5.90 acres and our land
measuring 14.35 acres. We are perplexed how water conservation work has been taken up in our land too,”
lamented Bathula Devamma.

Struggle panel
A land struggle committee was formed on Thursday by the displaced families under the aegis of the Andhra
Pradesh Agricultural Workers Union (APAWU) to wage a relentless struggle for justice. Communist Party of
India (Marxist) State secretary P.Madhu, who visited the village, set a deadline of March-end for the State
government to give back possession of the land after refilling it.
“If the government fails to do so, the party will mobilise Dalits in a big way from across the Addanki Assembly
constituency and reclaim the land in question on behalf of the displaced farmers,” he told the displaced Dalits
who poured out their woes. CPI(M) East Prakasam unit secretary P.Anjaneyulu said the party’s stir in support of
the displaced Dalits in Devarapalli, whose land had been taken up for construction of a water tank, had paid
dividends with the government returning their land.
“The party will stand by the aggrieved Dalits in Namburivaripalem too,” said APAWU district secretary
Kankanala Anjaneyulu.
Case Study 49: Why are the Gujjars agitated?
What are the grounds for this?
The nine-day-long renewed agitation of Gujjars in Rajasthan earlier this month, seeking 5% reservation in
government jobs and educational institutions, has again shifted focus on the community’s demand which has
generated considerable political heat and disrupted public life several times since 2007. As many as 72 Gujjars
have so far died in police firing during the quota agitation. Gujjars, who had initially demanded the Scheduled
Tribe status in Rajasthan, point out that their main occupation is agriculture and animal husbandry and they have
been left behind in educational and economic progress because they did not have the clout enjoyed by other
influential communities. The caste structure among Hindus excluded them from the fruits of development, as they
lived mostly in the remote areas of eastern Rajasthan districts. Though they were included in the Other Backward
Class (OBC) list in 1994, the dominant Jat community has taken away the lion’s share of the quota.
What is the status of quotas?
At present, Rajasthan gives 21% reservation to OBCs, which covers 90 castes of both Hindu and Muslim
communities. The Scheduled Castes get 16% reservation and the Scheduled Tribes 12%. This brings the total
reservation to 49%, which is 1% less than the 50% ceiling mandated by the Supreme Court in the Indra Sawhney
judgment. Gujjars, along with nomadic communities Banjara, Gadia-Lohar, Raika and Gadariya, were given 1%
quota in the “most-backward” category, in addition to the OBC benefit, in 2010. The State government has tried
thrice in the past to give 5% reservation to Gujjars as a ‘Special Backward Class,’ but the legislation was struck
down every time by the Rajasthan High Court, which ruled that the quota had not only exceeded the 50% limit,
but was also not supported by quantifiable data.
What is the govt. stand?
The newly elected Congress government passed a Bill in the Assembly during the Budget session on February 13,
giving 5% reservation to Gujjars and four other nomadic communities as an ‘Extremely Backward Class’ and
made a “recommendation” to the Centre that the legislation be included in the Ninth Schedule of the Constitution
to protect it from being challenged in courts. This has resulted in the quota exceeding the 50% limit. The Bill,
which amended an Act of 2017, made a mention of the Constitution Amendment Bill passed by the Union
government to extend quota to the poor, which breached the 50% ceiling. The 10% reservation for the poor in the
general category introduced by the Centre has also been implemented in Rajasthan, taking the total quota to 64%.
Are Gujjars satisfied now?
Gujjar Aarakshan Sangharh Samiti convener Kirori Singh Bainsla, who along with his supporters occupied the
Delhi-Mumbai rail tracks in Sawai Madhopur district for nine days, lifted the blockade after the government gave
a written assurance of legal steps to safeguard the quota. Col. Bainsla (retired) says Chief Minister Ashok Gehlot
has promised the Gujjars that he will intervene if an issue arises later.
What is in store?
Though Gujjars have been granted the Extremely Backward Class status for the time being, the community
expects the State government to effectively implement the special Deonarain scheme for their welfare, fill
backlog of vacancies and consider withdrawal of criminal cases registered during the earlier agitations. The fate
of reservation will depend on the courts taking a view on the new statute in the light of interpretation of the
ceiling under exceptional circumstances.

Case Study 50: Gujjars call off protest for quota

They lift blockades after Rajasthan government vows to safeguard their interest
Gujjars occupying the rail track and highways in Rajasthan with the demand for 5% reservation in government
jobs and educational institutions called off their agitation on Saturday after the State government gave a written
assurance that it would take legal steps to safeguard the quota provided to them in a Bill passed by the Assembly
on February 13.
Gujjar leader Kirori Singh Bainsla, who was sitting with hundreds of his supporters on the Delhi-Mumbai section
near the Malarna station in Sawai Madhopur district, asked the agitators to lift the blockades that had thrown
traffic out of gear and caused inconvenience to the public.
To break the deadlock, Tourism Minister Vishvendra Singh carried a draft agreement on behalf of the government
to the Gujjars, promising to protect the new reservation provisions with “adequate legal safeguards.” Mr. Singh
said the government would pursue the matter with the Centre.
Col. Bainsla (retired) expressed regret over the inconvenience caused to the public since February 8, when the
blockades were put up. He called upon the Union government to get the new Act, recognising Gujjars as an
“extremely backward class,” included in the Ninth Schedule of the Constitution to protect it from being
challenged in courts.
The three pieces of legislation enacted in the State since 2008, giving 5% reservation to Gujjars and four other
nomadic communities as a Special Backward Class, were struck down by the Rajasthan High Court.
The court ruled that the quota exceeded the 50% limit mandated by the Supreme Court and was not supported by
the quantifiable data.
Col. Bainsla, who led the stir as convener of the Gujjar Aarakshan Sangharsh Samiti, said the decision to call off
the protest was taken “in the interest of the nation.”
“We have got 5% reservation. If an issue arises at a later stage, Chief Minister Ashok Gehlot has promised us that
he would intervene,” he said.
Case Study 51: At Ground Zero of Gurjar protest: ‘We voted Congress, why are they silent now’
Bainsla, who has earlier spearheaded various movements of the community in demand of reservation, says that he
is determined that he won’t call off the protest this time till the government accepts their demand. The sudden
activity amid the yellow mustard fields surrounding railway tracks near Malarna station in Rajasthan’s Sawai
Madhopur district stands out from a distance. On going nearer, turbaned men are seen playing cards in makeshift
tents put up across the tracks while others are heard singing rustic Rajasthani songs.
Ever since members of the Gurjar community laid siege to railway tracks in Malarna in demand of five per cent
reservation on February 8, hundreds of trains in the Delhi-Mumbai route have been affected. The movement for
reservation has turned violent in districts such as Dholpur, where mobs have torched vehicles.
“Five per cent liye bina nahi hatunga (Won’t leave till I get five per cent),” says 82-year-old Kirori Singh
Bainsla, a retired Army officer and the convener of Gurjar Arkashan Sangharsh Samiti.
Bainsla, who has earlier spearheaded various movements of the community in demand of reservation, says that he
is determined that he won’t call off the protest this time till the government accepts their demand.
“This congregation today is not chaotic, not violent, they are peaceful and their silence is deadlier than noise. I
believe in non-violent means of protest. But apart from this, I don’t see any other way out. I will stop everything,
give me my dues,” says Bainsla, seated on a charpai in one of the tents across the tracks.
He says that if the Centre can implement 10 per cent reservation for Economically Weaker Sections (EWS) in
general category within 7 days, there’s no reason why Rajasthan government can’t pass the order for 5 per cent
reservation for Gurjars. The Gurjars, who are presently entitled to 21 per cent reservation in the state under the
OBC category along with 1 per cent quota under the Most Backward Caste category, have been demanding a
separate reservation of 5 per cent for more than a decade now.
“We earn our livelihood by working as daily wage labourers. With our hard-earned money, we try to get our
children educated in village schools, but what do we do when they can’t secure admission in reputed educational
institutions due to less marks? Reservation will solve that problem,” says 55-year-old Ramphool Gurjar, one of
the men at the dharna. In the run-up to Assembly elections last year, the Congress had said in its manifesto that it
is committed to providing 5 per cent reservation to Gurjar and other communities such as Raika, Banjara and
Gadia Luhar the within legal purview.
“The Congress had said in a rally in Karauli last year that it is committed to providing the Gurjar community 5
per cent reservation. Why are they silent now?” says Dataram Gurjar, 24, who holds a Bachelor’s degree in
education and is currently preparing for competitive exams.
Several people at the protest site also said they voted for the Congress in the Assembly elections because Deputy
Chief Minister Sachin Pilot is from the Gurjar community.
“We voted for the Congress and Sachin Pilot. He shouldn’t be silent now when we are fighting for reservation. It
is because of us that the Congress could win,” said 75-year-old Chitar Gurjar. Shailendra Singh Gurjar, general
secretary of Gurjar Arkashan Sangharsh Samiti, says that in around 10 Lok Sabha seats, including Ajmer,
Bhilwara, Jaipur Rural, Tonk-Sawai Madhopur and Bharatpur, the community exercises influence and it could
hurt Congress prospects in the upcoming elections if the party doesn’t deliver on its promise of reservation. “It is
their duty to deliver on their promise. They are trying to mislead us by passing the buck to the Centre,” said Vijay
Bainsla, son of Kirori Singh Bainsla.
Gurjar agitation, farm loan waiver raised in House
The issue of protesting Gurjars and farm loan waiver reverberated through the state Assembly with BJP and other
smaller parties lodging their protest when the first session of the 15th Assembly resumed here on Monday.
During the zero hour, Bahujan Samaj Party (BSP) MLAs Joginder Singh Awana and Wajib Ali stormed the well,
demanding that the government make its stand on Gurjar reservation clear.
Subsequently, Leader of Opposition Gulab Chand Kataria raised the issue of loan waiver, asking the government
to specify how many farmers will benefit and by how much. Parliamentary Affairs Minister Shanti Dhariwal then
shot back at Kataria, asking whether the previous BJP government had specified the number of beneficiaries
during the launch of the loan waiver in its tenure. The BJP MLAs then stormed the well, with Kataria claiming
that the BJP had indeed announced the figure — Rs 8,400 crore for 29.3 lakh farmers — at the launch. —ENS

Case Study 52: Pilot puts Gujjar quota onus on Centre

Seeking to shift the onus of granting 5% quota to Gujjars in State jobs and educational institutions, Rajasthan
Deputy Chief Minister Sachin Pilot on Wednesday said the Centre should remove the legal hurdles preventing it.
“The Centre has enacted the law for 10% quota for the economically weaker sections,” he said, adding the Centre
alone can resolve “the legal hurdles” in giving 5% quota to Gujjars and other communities.
Mr. Pilot made the statement in reply to a query on Gujjar leader Kirori Singh Bainsla’s threat to revive the quota
stir from Friday, if the government fails to take a decision on the issue.
Case Study 53: Gujjar stir dirupts life for 4th day Ajmer on Sunday. | Photo
Jaipur-Agra NH blocked; several trains cancelled, diverted over track obstruction
As the Gujjar agitation for 5% reservation in government jobs and education entered its fourth day on Monday,
protesters blocked the Jaipur-Agra National Highway at Sikandra in Rajasthan’s Dausa district.
Dausa Superintendent of Police Prahlad Singh said the blockade was peaceful and vehicles were being diverted.
The Rajasthan Roadways suspended operations on the Jaipur-Agra route.
Prohibitory orders
The protest had turned violent on Sunday, when three vehicles were torched and shots were fired at the police in
Dholpur. Prohibitory orders under Section 144 imposed in Dholpur and the neighbouring Karauli district
remained in force.
The blockade of the Delhi-Mumbai railway line at Sawai Madhopur district’s Malarna village and the Karauli-
Hindon and Bundi-Bhilwara roads also continued with largescale cancellation and diversion of trains.
While several trains running between Delhi and Mumbai were diverted, 10 trains plying in the Kota division were
cancelled on Monday. Twelve trains scheduled to run on February 12 and 15 trains on February 13 have also been
cancelled.
Chief Minister Ashok Gehlot again appealed to the protesters occupying the railway tracks join talks and assured
them of “all possible help” by the State government. “Even during my previous tenure as CM [in 2008-13], we
took positive steps and gave them 1% reservation, from which they are still benefiting and joining services,” he
said.
Assembly ruckus
The State Assembly, meanwhile, witnessed uproarious scenes and was adjourned for an hour on the first day of
the Budget session, when the Bahujan Samaj Party members raised the issue of Gujjars’ agitation and demanded
an early resolution of the matter. BSP MLAs Joginder Singh Awana and Wajib Ali briefly staged a dharna in the
Well of the House.
Rashtriya Loktantrik Party MLA Hanuman Beniwal also raised the matter during zero hour and demanded that
the State government take action to fulfil the demand of Gujjars.
Case Study 54: Gujjar quota stir turns violent in Rajasthan
Protesters open fire, torch vehicles and clash with police
The Gujjar agitation in Rajasthan for 5% reservation in government jobs and educational institutions took a
violent turn on Sunday, as the protesters opened fire, torched vehicles and hurled stones on the police force in
Dholpur district, 270 km east of Jaipur. The police lobbed teargas shells to disperse the mob.
Dholpur Superintendent of Police Ajay Singh said half-a-dozen policemen were injured in the clash, but the
protesters did not succeed in their attempt to block National Highway-3 connecting Dholpur to Gwalior.
Unidentified miscreants reportedly climbed the nearby houses on the sides of the highway and opened fire from
country-made pistols.
The traffic on the highway was cleared within an hour after the agitators gathered on the road and halted vehicular
movement. Mr. Singh said the vehicles torched in Kotwali area included a police jeep, a car and a bus.

Agitation spreads
The agitation spread to other areas in the State on the third day of Gujjar Aarkshan Sangharsh Samiti’s blockade
of Delhi-Mumbai railway tracks at Sawai Madhopur district’s Malarna village.
The protesters also blocked the Karauli-Hindon and Bundi-Bhilwara roads and briefly disrupted traffic on the
Jaipur-Ajmer highway.

Trains diverted
The sit-in on the railway tracks which began on Friday evening has forced the West Central Railway to divert,
cancel or partially terminate about 200 trains during the last two days.
As many as 26 trains in the Kota division were cancelled till February 13.

Shocking, says CM
Chief Minister Ashok Gehlot, who returned here from his two-day tour to New Delhi, told reporters that though
the government was willing to hold talks with Gujjars, it was “shocking that the violence has occurred despite
[Gujjar leader] Kirori Singh Bainsla’s call for a peaceful protest.”
“It seems that some anti-social elements sneaked into the crowd of Gujjars in Dholpur and gave a violent turn to
the agitation,” Mr. Gehlot said, while calling upon Col. Bainsla to lift the “illegal blockade” and come to the
negotiating table.
As thousands of protesters continued to occupy the railway tracks between Malarna and Meemod railway
stations, over a one-km-long stretch, Col. Bainsla — who is leading the agitation — said Tourism Minister
Vishvendra Singh had come to the protest site on Saturday “without any agenda.”
“Our stand is very clear. We will get up from here only after getting 5% reservation,” he said.
“We will remain on dharna. We do not want to talk to the government. We are waiting for it to give the order for
5% reservation,” Vijay Bainsla, son of Col. Bainsla, said.

Case Study 55: Rajasthan: Gurjar protesters clash with police, three vehicles set on fire
Demanding five per cent reservation, Gurjars led by Kirori Singh Bainsla laid siege to railway tracks in Sawai
Madhopur from Friday evening. The agitators, including women, are spending the nights on the railway tracks in
Malarna in Sawai Madhopur.THE GURJAR reservation agitation turned violent on Sunday with protesters
clashing with the police in Dholpur and setting at least three police vehicles on fire. Demanding five per cent
reservation, Gurjars led by Kirori Singh Bainsla laid siege to railway tracks in Sawai Madhopur from Friday
evening. The agitators, including women, are spending the nights on the railway tracks in Malarna in Sawai
Madhopur.
On Sunday, the agitation spread to various districts, including Dholpur, Bundi, Karauli, and Jhunjhunu, among
others.
In Dholpur, protesters blocked the road and clashed with the police. Some miscreants also allegedly fired nearly a
dozen rounds in the air, according to police. The mob, numbering a few hundred, pelted stones and also set three
police vehicles, including a bus, on fire. However, there were no reports of any injuries.
Talks between Gurjars and a delegation of the government had remained inconclusive on Saturday. The
government had sent IAS officer Niraj K Pawan, currently posted as Registrar, Cooperative Department, to hold
talks. The government had also constituted a committee of three ministers to mediate with the agitators. The
government representatives had invited Bainsla and others for talks in Jaipur or elsewhere, away from the tracks,
but the agitators have so far refused.
Talking to reporters at Jaipur airport, Chief Minister Ashok Gehlot said, “Whatever happened in Dholpur today
involved some anti-social elements. The local administration will see who all were involved and how and why
such a thing happened. Bainsla ji himself has appealed to the people to maintain peace.”

Case Study 56:Gujjar stir: breakthrough likely today

Jaipur-Kota road also blocked
The Gujjar community’s agitation in Rajasthan for 5% reservation in government jobs and education entered its
fifth day on Tuesday, with the unrest growing in size and intensity and one more major road, connecting Jaipur to
Kota, being blocked at Chaksu town.
As Gujjars continued to occupy the Delhi-Mumbai railway tracks, North Western Railway cancelled three trains
and diverted two others. There were indications of a breakthrough by Wednesday, as the State Cabinet mulled
over the options of bringing a Bill on the subject or adopting a resolution in the State Assembly’s ongoing budget
session recommending urgent action by the Union government for giving quota to Gujjars.
Minister of State for Youth Affairs Ashok Chandna said a “major decision” could be taken by Wednesday to end
the agitation. “A decision is being finalised,” he added.

Case Study 57: Gujjar Protest Continues, Quota Proposal In Rajasthan Assembly Today
As the protesting members of the Gujjar community refused to quit their agitation till their demand for five per
cent reservation in jobs and educational institutes is fulfilled, Congress leaders in Rajasthan said that the state
government will announce a plan on Wednesday to break the deadlock.
Chief Minister Ashok Gehlot discussed the issue with his ministers and other Congress leaders following which
some Congress legislators indicated that the government will move the Special Backward Status (SBS) quota Bill
for the Gujjar community in the state assembly on Wednesday.
"There is unrest in the state and the country. The chief minister is serious about the issue," Jitendra Singh, a
Rajasthan lawmaker, said.

Sports Minister Ashok Chandna said that members of the Gujjar community are camping on railway tracks,
people are suffering and a major solution is in the offing.

A Congress legislator from Gujarat, Himmat Patel, met Gujjar leader Kirori Singh Bainsla at the protest site on
Malarna Dungar railway tracks and conveyed it to the protesters that his party will definitely provide a solution.
But the Gujjar leaders refused to budge from the tracks and roads.
"We have not received any communication from the state government so far. Our dharna will continue and we
will not go back until the government hands over 5 per cent quota order," Vijay Bainsla, son of Gujjar leader
Kirori Singh Bainsla, said.
Scores of people from the Gujjar community in Rajasthan, led by the Gujjar Aarakshan Sangharsh Samiti
(GASS), have been protesting at railway tracks at Sawai Madhopur demanding implementation of the 5 per cent
reservation that was promised to them by the state government since Friday. They have even set up tents around
the tracks.
The Congress had promised the Gujjars 5 per cent reservation in its election manifesto and it is now bound to
deliver, say protesters.
The protest has severely affected traffic on the highways and train movement along the Delhi-Mumbai line. On
Tuesday, they blocked Chaksu town whereas traffic on the Agra-Jaipur-Bikaner National Highway-11 in Dausa
district, state highway in Nainwa of Bundi district, Malarna road in Sawai Madhopur and the Karauli-Hindaun
road at Budla village in Karauli district continued to suffer.
The agitation turned violent on Sunday as protesters clashed with the police personnel near Dholpur.
"The law and order situation is under control," Director General of Police (Law and Order) ML Lathar said.
The North Western Railway alerted that three trains were cancelled and two diverted on Tuesday.

Case Study 58: Decision on Gurjar quota issue to be taken in Assembly today: Congress
The protest entered its fifth day with community members refusing to call it off unless the government accepts
their demand of 5 per cent reservation.The Congress government in Rajasthan Tuesday said that a decision on
reservation for the agitating Gurjar community will be taken in the Assembly on Wednesday. The protest entered
its fifth day with community members refusing to call it off unless the government accepts their demand of 5 per
cent reservation. A meeting of MLAs, including several legislators from the Gurjar community, was held on
Tuesday morning in the presence of Chief Minister Ashok Gehlot and Deputy Chief Minister Sachin Pilot. “The
government is very serious to end this impasse due to which unrest is happening in the entire country and the
public is facing a lot of inconveniences because railway services have been affected. A decision on this will be
taken in the Assembly tomorrow. Legal advice over the solution has also been taken,” former minister and
Congress MLA Jitendra Singh told reporters on Tuesday after the meeting. “We assure you that tomorrow, at the
Assembly, a solution will come out. We are hoping that it will be such a important decision that from tomorrow
the roads should open and the public also will no longer have to face inconvenience,” said youth affairs and sports
minister of state Ashok Chandna. The issue was once again discussed in another meeting of the council of
ministers on Tuesday evening.

Case Study 59: Gujjars block railway tracks in Rajasthan demanding 5% quota
Rajasthan government forms committee to hold talks with protesters but puts the onus on the Centre
Hundreds of Gujjars blocked the railway tracks in Rajasthan's Sawai Madhopur district on Friday, demanding 5%
reservation in government jobs and education, throwing railway traffic out of gear. The West Central Railway
partially cancelled several trains, while about 20 trains running on the Delhi-Mumbai route were diverted.
Gujjar supremo Kirori Singh Bainsla led the agitation after holding a ‘mahapanchayat’ (grand assembly) at
Malarna Dungar village under the Gujjar Aarakshan Sangharsh Samiti banner. He had earlier given a 20-day
ultimatum to the State government to accept the demand for quota, failing which he had threatened to revive the
11-year-old agitation.
A fight to the finish
Col. Bainsla and his supporters staged a sit-in on the railway tracks while declaring that any talks with the State
government would be held “only on the spot”. Though Gujjars, along with nomadic communities Banjara, Gadia-
Lohar, Raika and Gadariya, have been included in the State’s OBC category since 1994, they are demanding the
quota's sub-categorisation with 5% provision for them.
“This is going to be a fight to the finish, though it will be completely peaceful. I have not come here [on my own],
but the crowd has brought me on the railway tracks. People cannot be fooled all the time,” Col. Bainsla told
reporters at the site, as the protesters set up campfires to beat the cold and spend the night under open sky.
Despite his claim of leading a “peaceful agitation”, there were reports of the protesters uprooting the railway
tracks at Kothadi Gate. The Railway Protection Force was pressed into service at Sawai Madhopur, Bayana,
Bharatpur and Hindon railway stations and 17 companies of Rajasthan Armed Constabulary were posted in eight
districts as a precautionary measure.

Three-member committee
After an emergency meeting in the Chief Minister's Office here to find ways to pacify Gujjars, a committee
comprising Ministers Raghu Sharma, Vishvendra Singh and Bhanwarlal Mehgwal was appointed to hold talks
with the agitators.
CM Ashok Gehlot, who was in Jalore district's Sanchore town to distribute loan waiver certificates to farmers said
the State government had already done for Gujjars whatever was in its power. “Any decision for creating the
Special Backward Class category for Gujjars and four other communities is now in the Centre's jurisdiction,” he
said.
High Court hurdle
Gujjars are at present getting 1% reservation in the “most backward” category, in addition to the OBC quota,
within the 50% ceiling mandated by the Supreme Court. Along with four other nomadic communities, they were
earlier grouped as a Special Backward Class and the State government had tried thrice to grant them 5%
reservation.
However, the legislation was struck down every time by the Rajasthan High Court, which ruled that the quota had
not only exceeded the 50% limit, but was also not supported by the quantifiable data.

Case Study 60: Rajasthan clears 5% quota for Gujjars

The Rajasthan Assembly on Wednesday unanimously passed a Bill giving 5% reservation in government jobs and
education to Gujjars and four other nomadic communities.
Leader of the Gujjar stir Kirori Singh Bainsla and other protesters occupying the railway tracks on the Delhi-
Mumbai route near the Malarna station in Sawai Madhopur district said they would study the Bill and discuss it
with the legal experts before calling off the agitation.
Sixth day
The stir entered the sixth day on Wednesday, with widespread disruption in rail and road traffic continuing.

Case Study 61: Rajasthan introduces 5% quota bill for Gujjars, four other communities
The bill seeks to increase the backward classes’ reservation from the present 21% to 26% with 5%
reservation for Gujjars, Banjaras, Gadia Lohars, Raikas and Gadaria.
The Rajasthan government on February 13 introduced a bill in the Assembly to give 5% quota in jobs and
educational institutes for Gujjars and four other communities.
The Rajasthan Backward Classes (Reservation of Seats in Educational Institutes in the State and of Appointments
and Posts in Services under the State) Amendment Bill, 2019, was presented by Energy Minister B.D. Kalla.
Gujjars have been holding demonstrations since Friday across the State for quota. They blocked the Delhi-
Mumbai railway track and several highways and roads. Gujjar leader Kirori Singh Bainsla and his supporters
blocked the railway track in Sawai Madhopur district on February 8.
The bill seeks to increase the backward classes’ reservation from the present 21% to 26% with 5% reservation for
Gujjars, Banjaras, Gadia Lohars, Raikas and Gadaria
The statement on the objective and reasons of the bill says that the five castes are most backward and require five
per cent separate reservation. It also mentions that the Central government recently passed the constitution
amendment bill and the limit of 50 per cent reservation was increased.
Gujjar leaders said they want a concrete proposal on the matter.

Case Study 62: Gujjar stalemate continues in Rajasthan

Caste leaders studying legislation details
Stalemate over the ongoing Gujjar agitation in Rajasthan demanding reservation in government jobs and
education continued on Thursday after the State government issued a notification to enforce the Bill passed by the
Assembly, which cleared 5% quota for Gujjars and four other nomadic communities.
Governor Kalyan Singh had signed the Bill late on Wednesday night. Gujjars occupying the Delhi-Mumbai
railway tracks in Sawai Madhopur district said they were studying all aspects of the Bill and would take a
decision on calling off the agitation only after being satisfied with the “legislation's strength”.
Prevent litigation later
As the Gujjars' protests entered the seventh day, senior IAS officer Neeraj K. Pawan carried copies of the Bill, a
resolution passed by the State Assembly recommending the legislation's inclusion in the Ninth Schedule of the
Constitution and the government-issued notification to the agitators.
Kirori Singh Bainsla, who is leading the agitation, said the stir would be called off only after the community is
satisfied the statute will withstand judicial scrutiny. “We are simple people. We don't want to get involved in
litigation at a later stage. We have faced it earlier when the previous Acts were challenged in the courts,” Col
(Retd.) Bainsla said.
The Rajasthan Backward Classes (Reservation of Seats in Educational Institutes and of Appointments and Posts
in Services) Amendment Bill, 2019, has amended an Act of 2017 and made a provision of 5% reservation to
Gujjars and others, terming them “extremely backward classes”. The quota has exceeded the 50% upper limit
mandated by the Supreme Court.

Case Study 63: With reservations: quota for Gujjars?

It’s not clear if the 103rd Amendment will protect the new quota for Gujjars in Rajasthan
With leaders of the Gujjar agitation for reservations calling off their stir, the Rajasthan government has averted
what could have been a prolonged crisis. There is a sense of déjà vu amid all this. Gujjar leaders have held
various rounds of protests over the last decade and a half, demanding reservations in educational institutions and
employment in a separate backward category that is apart from the existing 21% set aside for Other Backward
Classes in the State. Despite governments bringing in legislation towards this end, they have been struck down on
the grounds that the additional quota would take the quantum of reservation above the 50% limit set by the
Supreme Court in the Indra Sawhney judgment. On Wednesday, the Rajasthan State Assembly passed legislation
providing 5% reservation to Gujjars and four other nomadic communities, classifying them as “extremely
backward classes”. But this time, the circumstances have arguably changed with the passing of the 103rd
Amendment to the Constitution that allows for a 10% quota for the economically backward among communities
that do not enjoy any form of reservation. The State government has also added a line to the Bill explicitly
referring to the amendment, which effectively breaches the 50% limit set for reservations by the Supreme Court.
It remains to be seen how the judiciary will tackle this question in light of the 103rd amendment, the
constitutionality of which is under challenge.
The demand by Gujjars has a specific context. In Rajasthan, the community is currently eligible for reservations
as an OBC community. They had in the mid- and late-2000s agitated for inclusion in the Scheduled Tribe
category, in keeping with the way they are classified in Jammu and Kashmir and Himachal Pradesh. This demand
was denied because tribal status, as defined in the Constitution’s Fifth Schedule, involves identifiable
characteristics such as lifestyle, culture, inaccessibility and backwardness, and not just economic
underdevelopment. Since then, the largely pastoral community has pressed for reservations under a separate
backward class category, arguing that inclusion of Jats in the OBC list has crowded Gujjars out of the benefits of
reservations. Clearly, the decision to accommodate a demand from one politically dominant community (Jats) has
come to haunt administrators in the State as this has fanned Gujjar agitations on and off. Multiple commissions
appointed by State governments have recommended the implementation of the 5% quota on the basis of the
community’s “extreme” or “most” backward nature. But the lack of adequate data in the absence of a proper
socio-economic caste census to prove this has led to the policy’s undoing in judicial orders. More important, the
repeated agitations are an indication of the shortfall in adequate, gainful and secure job opportunities in States
such as Rajasthan
Case Study 64: Rajasthan: Congress hopes quota move will quell protests, but Gujjars wait, watch
Ashok Gehlot’s is the fourth consecutive state government which has sought to extend the benefits of reservation
to the community. But all the legislations so far have either been stayed or struck down by courts.The Rajasthan
Assembly on Wednesday passed a Bill granting five per cent reservation to five communities, including Gujjars,
and had the Governor sign it within hours. Though the Gujjars are yet to call off their protest, the Congress hopes
it has managed to tide over the crisis with its move.The current reservation protest is among the many called by
the community over the past 13 years. According to the BJP’s internal statistical analysis, prepared ahead of last
year’s Assembly elections and accessed by The Indian Express, Gujjars are a majority in eight seats and are the
second largest community in 18 others, accounting for 4.27 per cent of the voting population. The Gujjars have a
considerable presence in the eastern districts of the state — Dausa, Bharatpur, Karauli and Sawai Madhopur. But
the BSP also has a presence in these districts and the Congress will be worried about the former jeopardising its
applecart if the BSP fields a good candidate and if the Congress fails to woo the Gujjars.Gujjars are also present
in parts of Hadauti region, in districts such as Kota, Bundi and Jhalawar, apart from pockets of the state such as
Bhilwara, Alwar, Jaipur and Tonk.As they seek reservation, Gujjar leaders point to seats such as Bayana in
Bharatpur and Niwai in Tonk, where they outnumber other communities, but both seats are reserved for SCs. Of
the Lok Sabha seats, the community could influence results in Tonk-Sawai Madhopur as well as Kota and Jaipur
Rural. Two other seats where they have influence, Bharatpur and Karauli-Dholpur, are reserved constituencies. In
the 2013 Assembly elections, BJP had eight Gujjar MLAs against the Congress’s four. However, in the latest
elections, held late last year, the BJP drew a blank — not a single Gujjar MLA among its 73 MLAs, while the
Congress has seven among its 100: Sachin Pilot, Ashok Chandna, Shakuntala Rawat, Indraj Singh Gurjar,
Jitendra Singh, Bidhuri Rajendra Singh and Gajraj Khatana. Of the seven, 2 are in CM Gehlot’s Council of
Ministers. The only other Gujjar MLA is BSP’s Joginder Singh Awana. The BJP realises it has a lot of work to do
before it can win over the community. On Monday, during the first session of the 15th Assembly, BJP leaders
raised the issue of farm loan waiver but did not bring up the matter of the protesting Gujjars, which was later
taken up by BSP’s Awana. The BJP, though, attacked the Congress with Deputy Leader of Opposition Rajendra
Rathore saying the party missed an opportunity to elect a Gujjar as CM in Rajasthan. The Congress and the BSP
hit back, accusing the BJP of hypocrisy and by bringing up the deaths of 72 Gujjar protesters at the height of the
protests between 2007 and 2008, during the BJP’s term. The Gujjars further distanced themselves from the BJP
when, early last year, Kirodi Lal Meena, who had quit the BJP to form his own party, came back with two MLAs
and his supporters — Gujjars are known to be opposed to Meenas, an ST community. Later, after the government
passed two Bills which were stuck down by the High Court, Gujjars threatened to block then CM Raje’s
Gaurav Yatrain Bharatpur, saying she had not ensured their reservation.But it was not always so. Early in the last
decade, there was talk of including Gujjars in the Scheduled Tribe list. Around the 2003 elections, Raje had
promised Gujjars of a “positive outcome” if elected to power. However, beginning 2006, the community leaders
were up in arms, saying Raje had done nothing about granting them ST status. This was opposed by members of
the Meena community, who feared that granting ST status to Gujjars would eat into their share of the reservation
pie. Ashok Gehlot’s is the fourth consecutive state government which has sought to extend the benefits of
reservation to the community. But all the legislations so far have either been stayed or struck down by courts.
Citing these experiences, Gujjars are yet to call off their protest, though Pilot, while claiming that the
circumstances are different this time, cites Parliament’s recent breach of the 50 per cent reservation ceiling with
the 10 per cent quota to the Economically Weaker Sections (EWS) among those in the general category.

Case Study 65: Rajasthan’s Gujjar quota faces a legal challenge

PIL against Bill may be taken up by High Court next week
The Congress government’s move to give 5% reservation to Gujjars and four other nomadic communities in jobs
and education in Rajasthan, citing them as being an “extremely backward class”, has run into rough weather.
A public interest litigation petition filed in the High Court here, challenges the quota Bill on grounds of an
“untenable basis” of proportionality of population.
Activists Arvind Sharma and Badal Verma contend in their writ petition that the Bill — passed in the Assembly’s
Budget session during the Gujjar agitation — had not only breached the 50% ceiling on reservation but had also
cited the proportion of Gujjars’ population as per the last Census instead of referring to the quantifiable data of
backwardness in education and public employment.
The Assembly had unanimously passed the Rajasthan Backward Classes (Reservation of Seats in Educational
Institutions in the State and of Appointments and Posts in Services under the State) Amendment Bill, 2019, on
February 13.
The four other nomadic communities, which have been accorded the quota benefit along with the Gujjars, are
Banjara, Gadia-Lohar, Raika and Gadariya.
While a Cabinet sub-committee has assured Gujjars that the State will strongly defend the Bill in accordance with
Chief Minister Ashok Gehlot’s written assurance,The writ petition is likely to come up for preliminary hearing in
the Rajasthan High Court’s Jaipur Bench next week.
Petitioners’ counsel Abhinav Sharma said while the State government had contended that the reservation was
aimed at addressing the pressing need to uplift certain communities, the “actual compelling circumstance” was
the Gujjar agitation, which had held the entire State to ransom. Gujjars had blocked traffic on the Delhi-Mumbai
railway tracks and on several highways for nine days to press for their demands.
Tourism minister Vishvendra Singh, a member of the Cabinet sub-committee appointed to address the quota issue
who met representatives of the Gujjar Aarakshan Sangharsh Samiti, said after the meeting that the government
would press its defence strongly in the High Court. “When the 10% reservation for the poor in general category
can be enforced, how will the 5% quota not pass the hurdle,” he asked.
Before the notification for enforcing the new quota Bill was issued, Gujjars were eligible for 1% reservation in
the “most backward” category, in addition to the Other Backward Class (OBC) quota, within the 50% ceiling laid
down by the Supreme Court in the Indra Sawhney judgment. Previous State governments had tried thrice to
provide 5% reservation to the Gujjars and the four other nomadic communities, who were earlier grouped as a
Special Backward Class.
The legislation, however, had been struck down in every one of the past three attempts by the Rajasthan High
Court, which had ruled that the quota not only exceeded the 50% limit, but was also not supported by quantifiable
data to prove backwardness

Case Study 66: Poll strategy: Ambedkar targets fishing community, OBC voters
To hold conference on OBC reservation; seeks high compensation for fisherfolk
Bharipa Bahujan Mahasangh (BBM) president Prakash Ambedkar on Sunday announced to hold a conference on
the OBC reservation in the city, and gave a son-of-the-soil call on the lines of the Shiv Sena and Maharashtra
Navnirman Sena. This is being seen as Mr. Ambedkar’s bid to woo the fishing community and the OBC voters.
“The agri, koli, bhandari and east Indian population in Mumbai have over 200 gaothans. They are the original
inhabitants, and should get property cards along with the right to self-development. The fisherfolk, who are going
to be affected by projects such as coastal road, Nhava Sheva, sea link, and the Chhatrapati Shivaji statue in the
Arabian Sea, must get four times the compensation offered under the 2013 land acquisition Act,” he said.
Mr. Ambedkar said, “The government is planning to implement slum rehabilitation projects in gaothan areas
despite the fact that it is not allowed. This is nothing but an attempt to throw original residents of the city out.”
The BBM leader said 30% reservation should be given to the fisherfolk in the Navy, marine tourism industry, and
the sea trade. He also demanded interest-free loan up to Rs.3 crore along with state-of-the-art ports and ships for
the fishing community and a marine university.
Mr. Ambedkar has formed an alliance with Asaduddin Owaisi-led AIMIM to contest the general elections in
Maharashtra. The alliance threatens to harm the interest of the Congress and the Nationalist Congress Party by
dividing anti-BJP votes.
When asked about whether the Congress has made any proposal for the seat sharing, Mr. Ambedkar said the ball
is in the Congress’ court. “We are not going to indulge in dialogue with the Congress until they give us a plan on
how to bring the RSS under constitutional scrutiny,” he said.

Case Study 67: SC/ST quota in promotions: Order issued to cancel demotions
Nearly a year after Scheduled Caste and Scheduled Tribe government employees were demoted following the
Supreme Court order on the issue of reservation in promotions, the State government on Wednesday ordered
reversal of these demotions with retrospective effect.
The order will also have to be implemented with immediate effect and without disturbing those who were
promoted in the cadre earlier. The Department of Personnel and Administrative Reforms (DPAR) on Wednesday
issued the order to this effect following the Cabinet decision on Monday. Sources said this will immediately
effect 3,799 SC/ST employees, who had been demoted last year after seniority list was revised after the Supreme
Court — in February 2017— struck down The Karnataka Determination of Seniority of the Government Servants
Promoted on the basis of Reservation (to the posts in the civil services of the state) Act, 2002. Following the
order, those who have been demoted will get the posts they had held before the demotion. However, if the posts
are not vacant, supernumerary posts will be created temporarily to accommodate employees who will get back
their posts, till such time a seniority list is reviewed.
Further, it said the promotions in government jobs, which has been stopped for over eight months now, can be
pursued only after seniority list is reviewed.
The new arrangement, the order said, is subject to the outcome of the Supreme Court ruling on pending writ
applications (that have questioned The Karnataka Determination of Seniority of the Government Servants
Promoted on the basis of Reservation (to the posts in the civil services of the state) Act.
Meanwhile, a senior officer from government general category employees termed the order as a “balancing act”
by the coalition government ahead of elections. “This will not accrue any tangible benefits to anyone. General
category employees will remain where they are and it may not help reserved category employees much since most
posts are filled up,” the official maintained.
The official also said the latest order will be brought before the Supreme Court, which is hearing the case. "We
are expecting Supreme Court ruling shortly as arguments will be completed by second week of March."
Expressing satisfaction over the order, legal adviser to SC/ST Government Employees Committee D.
Chandrashekaraiah said, “Orders to cancel demotions have commenced immediately after the order was issued by
DPAR.” He felt that super numerary posts may have to be created in a few departments as in most departments
posts have remained vacant.

What is a supernumerary post?

A supernumerary post is considered a “shadow post” in bureaucratic parlance. It does not carry any responsibility
and work will not be assigned for the post. “Such posts were created very rarely in the past. However, they may
have to be created in good numbers now,” sources in the government said. The officials given supernumerary
posts will be given regular post only when a vacancy arises, sources said.

Case Study 68: Dalit convention in Bengaluru on February 25

A forum of Dalit organisations – Dalit Sanghatanegala Okkoota – has organised a convention in Bengaluru on
February 25 to put forward several demands including the effective implementation of reservation in promotions
for government officials and the appointment of the chairman for the SC/ST Commission.
M. Venkataswamy, president of the forum, at a press conference here on Friday, said the State had agreed to bring
back reservation for SC and ST in promotions following protests.
However, even after the Cabinet gave its consent, the secretary of the Department of Personnel and
Administrative Reforms has not issued an order in this regard. “More than 3,900 officials were demoted when the
reservation in promotion was withdrawn. Among them, seven died even as the fight was on. We are opposing the
delay,” he said.

He also took objection to the delay in appointing a chairman to the SC/ST Commission. “The commission was
meant for addressing complaints related to castes that fall under Scheduled Castes and Scheduled Tribes. The
government should appoint a suitable person for the commission. The convention would raise these issues,” he
said, appealing to the public to participate in the programme.
Y.S. Deur of Bhima Dal, Muni Anjinappa of Praja Vimochana Chalavali, R. Keshavamurthy of Ambedkar Dalit
Sene and others were present.

Case Study 69:10% reservation quota: SC refuses immediate stay on Act

The petitions in the Supreme Court said the Act violated the Basic Features of the Constitution.
The Supreme Court on Friday declined to stay operation of the Constitution (103rd Amendment) Act, 2019,
which provides 10% reservation in government jobs and educational institutions for the economically backward
in the unreserved category, but agreed to an early hearing of the challenge to the law.
A Bench led by Chief Justice of India Ranjan Gogoi consented to tagging a petition filed by businessman Tehseen
Poonawalla, which seeks to have the Act quashed on the grounds that backwardness for the purpose of
reservation cannot be defined by “economic status alone”, with other similar petitions filed earlier.
Mr. Poonawala contends that the quota would be over and above the existing 50% reservation to SCs, STs and
Other Backward Classes (OBCs).
The law was passed by Parliament and received the President’s assent last month. The Act amends Articles 15
and 16 of the Constitution by adding clauses empowering the government to provide reservation on the basis of
economic backwardness.
The petitions in the Supreme Court contend that the Act violates the ‘basic features’ of the Constitution. The
petitioners argue that the 50% ceiling limit on quota has been “engrafted as a part of the Basic Structure of the
Constitution’s equality code” by the Supreme Court.
Earlier petition
The Bench has already issued notice on an earlier petition filed by Youth For Equality, which had contended that
a nine-judge Constitution Bench in the Indira Sawhney case had already settled the law that economic
backwardness cannot be the sole basis for reservation.
The plea had argued that the Act was “vulnerable” and negates a binding judgment of the top court.
The petitioners have contended that the amendments exclude the OBCs and the SC/ST communities from the
scope of the economic reservation. This, they said, “essentially implies that only those who are poor from the
general categories would avail the benefits of the quotas”. They have alleged that the high creamy layer limit of
₹8 lakh per annum ensures that the elite capture the reservation benefits.
Further, the petition contended that the Supreme Court had settled the law that the “State’s reservation policy
cannot be imposed on unaided educational institutions, and as they are not receiving any aid from the State, they
can have their own admissions provided they are fair, transparent, non-exploitative and based on merit.”

Case Study 70: AIADMK MP backs 10% quota

Also seeks Constitutional status for 69% reservation
In an apparent shift from the position of his party on the 10% quota for economically weaker sections in the
general category, P. Venugopal, the leader of the AIADMK parliamentary party, has told Parliament that he is not
opposing the move to give “social justice and equal opportunity.”
At the time of adoption of the Constitutional amendment bill on the quota in Parliament last week, the
AIADMK’s representatives opposed the Centre’s decision and staged a walkout from two Houses.
Lok Sabha Deputy Speaker and the party’s propaganda secretary M. Thambi Durai strongly criticised the Centre
on the quota issue.
While participating in a debate in the Lok Sabha on Tuesday on the motion of thanks to the address of President
Ram Nath Kovind to the joint session of Parliament last week, Dr. Venugopal, who has been representing
Tiruvallur since 2009, also wanted the Centre to provide “Constitutional status” to the 69% reservation for
Backward Classes, Most Backward Classes and Scheduled Castes/Scheduled Tribes (SC/STs), now in force in
Tamil Nadu.
‘No purpose’
Clarifying his position, the MP told The Hindu on Wednesday that no purpose was going to be served by
opposing the new measure on the quota, which had by now become a law. At the same time, his call to the
government for providing the 69% quota with the Constitutional status was made in response to demands from
other States too which wanted to have reservation for Other Backward Classes in excess of the permissible level
of 50% .
In his speech, Dr. Venugopal referred to a number of issues concerning his constituency and Tamil Nadu. He
wanted the Centre to release the outstanding amount of Rs. 958.5 crore towards post-matric scholarship scheme
for SC/ST students pursuing professional courses.

Case Study 71: Mahua savouries from tribal kitchens to hit markets
Move to help indigenous people protect their culture
A revival of pristine Adivasi customs and traditions cannot be envisaged without including the irp marra or
mahua tree (Madhuca indica) in the scheme of things.
Therefore, the new plan of the Adilabad district administration, perhaps the first of its kind in the country, to help
indigenous people protect their culture hinges on plantation of mahua and introduction of the lesser known tasty
savouries and eatables made out of the flowers of the sacred tree in the headquarter town, in near future.
“The food items coming out of the kitchens of aboriginal people have good shelf life and will be packaged and
sold at the Prakruti store for organic vegetables in Collectorate Chowk,” Adilabad Collector D. Divya revealed.
There will also be an attempt towards getting the ethnic people to manufacture the famous heady brew from
mahua flowers, the ippa sara or irp kal, aimed at weaning them away from the more dangerous Indian Made
Foreign Liquor and marketing it sometime in the future, on the lines of the experiment in Bastar of Chhattisgarh.
“There certainly is more to mahua tree than the heady brew distilled from its flowers. It is the source of nutritious
supplementary food and some potential economic activity for tribal people besides yielding fodder to the
animals,” opined tribal teacher Kanaka Rao Ambaji from Marlavai in Jainoor mandal of Kumram Bheem
Asifabad district.
Mahua trees come into bloom between latter half of March and April. Each tree sheds its flowers in the morning
every day, over a period of 15 to 20 days and yields about 1.5 quintals to 2 quintals.
The customary puja is performed under the tree after the festival of holi, called duradi in Gondi, following which
women and children collect the flowers. The collection is done at dawn and the flowers are subsequently put out
to dry.
“The dried up flowers are roasted, made into balls or laddus called eruk gola, and used as a snack or stuffed into a
roti. Other eatables are also made by roasting the dried up flowers with sesame and sunflower seed, besides the
rarely found khade and churchal seeds,” Durva Nagubai, a Raj Gond elder, listed out some names of traditional
supplementary food items.
“We will also sell the edible oil extracted from the kernel of mahua seed,’ the Collector disclosed. The practice of
using mahua oil, called eruk niy, in preparation of food is almost lost," she pointed out.
“Among other eatables which are made of the mahua flowers is the eruk jawa or gruel which is served when
receiving the barat. Also, the gum of the tree, eruk chikada, is used to trap birds and small animals while the
wood from a dead tree is used to make traditional musical instruments like a dhol,” Mr. Ambaji stated.

Case Study 72: Why are the Adivasis and Lambadas in conflict?
What is the problem?
There is a simmering conflict between the Adivasi tribes in Telangana and the Lambadas, also known as
Lambadis and Banjaras, primarily over share of government benefits. The Adivasis claim that the Lambadas do
not qualify as a Scheduled Tribe because the process of their inclusion in the ST list in 1976 was incomplete.
Though the government has not admitted to the charge of lopsided development, the aboriginal people claim they
have been overlooked in employment and education.
For example, the Tudum Debba, an Adivasi organisation, alleges that the Lambadas bagged 400 of the 405 posts
of teachers in Khammam district, the recruitment having been done through the District Selection Committee in
2012. In undivided Adilabad district, nearly 45% of the 2,800 posts of teachers are filled with Lambadas though
the share of the plains tribe is 22% of the population as per the 2011 census.
The Adivasis claim there are only nine aboriginal tribes in the State, incorporated through Article 342: Koya,
Gond (or Raj Gond), Konda Reddi, Chenchu, Pardhan, Kolam, Naikpod, Thotti and Mannewars. The inclusion of
the Lambadas in the list of Scheduled Tribes in 1976 was done through an ordinance. Under an order of the State
government (G.O. Ms. 149 dated May 3, 1978), issued in the then composite Andhra Pradesh, the Telangana
Lambadas were identified as a plains tribe with reservation restricted to education. It is, however, since last
November that the conflict took the shape of non-cooperation, with the Adivasis preventing the Lambada teachers
from attending to duties in the schools run by the Tribal Welfare Department and refusing to work the fields of
the Lambadas.
When did it begin?
In June last year, Kumram Bheem Asifabad Collector M. Champalal, a Lambada officer who has been since
transferred in a bid to appease the Adivasis, issued a circular to Tahsildars to issue pahanis or the record for
government land being tilled by non-tribals in the Scheduled Areas so that they are eligible for crop loans from
banks. Mr. Champalal also failed to declare a holiday on the martyrdom anniversary of Raj Gond leader Kumram
Bheem on October 5. This triggered a wave of anger among ethnic tribes.
The first of the violent incidents occurred the same day when a group burnt the statue of a Banjara holy woman at
the tribal museum at Jodeghat in Kumram Bheem Asifabad. The second protest was at the Collector’s office
during which government vehicles were vandalised.

Why are both sides angry?

A host of incidents has left the Adivasis upset. In December, the statue of Raj Gond martyr Kumram Bheem at
Betalguda in Adilabad district was desecrated. A couple of days later, reports of a drinking water source being
poisoned evoked sharp reactions. The appointment of a Lambada leader, son of the Tribal Welfare Minister
Chandu Lal, as president of the organising committee of Sammakka-Sarakka Jatara, an Adivasi fair, also
triggered anger among the aboriginal tribes in Warangal.
As for the Lambadas, they were included in the ST list through the Scheduled Castes and Scheduled Tribes Order
(Amendment) Act, 1976. Former Warangal Member of Parliament D. Ravindra Naik, who was among the
Lambada leaders instrumental in pressing for inclusion of his community in the ST list, points out: “The
Amendment Act in question removed the regional boundaries so that the Lambadas in Telangana also got to be
categorised as Scheduled Tribes. The government recognised that the Banjaras were similar to the Sugalis, a tribe
in the Andhra region and hence the bestowing of the status.”
What is the government stand?
The State government is “quantifying” the alleged disparity in development by collecting district-wise figures of
tribal employment at all levels, especially revenue and education. The process of shifting Lambada officials from
key posts has begun with the transfer of the Kumram Bheem Asifabad Collector, the District Revenue Officer of
Adilabad and the Revenue Divisional Officer at Utnoor, also in Adilabad district. More transfers are likely to
follow.

Case Study 73: Resident certificate issue hotting up in Arunachal

48-hour shutdown from today to protest govt.’s move to grant PRC to six communities
The issue of providing a permanent resident certificate (PRC) to six communities that do not enjoy Scheduled
Tribe status is hotting up in poll-bound Arunachal Pradesh.
At least 18 student and civil society organisations in the State have come together for a 48-hour shutdown from
Thursday to protest against the Bharatiya Janata Party government’s alleged move to grant PRC to the six
communities classified as non-Arunachal Pradesh Scheduled Tribe or non-APST.
These six communities – Adivasi, Deori, Gorkha, Mishing, Moran, and Sonowal Kachari – inhabit Namsai and
Changlang districts of the State. Some of these communities are ST in Assam.

Appeal to CM
On Tuesday, these organisations had asked Chief Minister Pema Khandu to withdraw the government’s move to
grant the PRC that they said would go a long way in robbing the rights of the indigenous communities of the
State.
During a public rally at Vijaynagar in Changlang district on December 14 last year, Mr Khandu had said that his
government was looking into the possibility of granting PRC to the non-APST groups. At the same time, he said
the interest of the indigenous communities would not be compromised with.
In another public rally, Deputy Prime Minister Chowna Mein had also said the PRC would be the government’s
New Year gift for the six communities. The government later clarified that there was no such move but local
NGOs have not been convinced, particularly after a joint high-power committee submitted a report on the issue a
few days ago.
Motive doubtful
“The recommendations in the report, whose motive is doubtful, need to be scrapped,” the NGOs said in a joint
statement. These organisations include the Arunachal Law Students’ Union, All Papum Pare District Students’
Union, All Nyishi Students Union, United Arunachal Indigenous People’s Forum, All Tagin Students’ Union, and
Arunachal Anti-Corruption Union.
Case Study 74: Shutdown brings life to a halt in Arunachal Pradesh
Indigenous groups protest govt. decision to grant permanent resident certificate to six communities
Normal life in at least five districts of Arunachal Pradesh was affected on Thursday after 18 student and civil
organisations imposed a 48-hour shutdown against the State government’s decision to grant the permanent
resident certificate (PRC) to six communities not recognised as Scheduled Tribes.
These six communities — Adivasi, Deori, Gorkha, Mishing, Moran, and Sonowal Kachari — mostly inhabit
Namsai and Changlang districts of Arunachal Pradesh on the border with Assam. Some of these communities
enjoy Scheduled Tribe status in Assam.
The 18 organisations have alleged that the joint high power committee (JHPC), led by Environment and Forest
Minister Nabam Rebia, to look into the matter had submitted its report without proper verification of facts. The
protesters have called for the report to be rectified before it is tabled in the Assembly. The groups include the All
Nyishi Students’ Union, United Arunachal Indigenous People’s Forum, and All Tagin Students’ Union.
While there were reports of agitators blocking arterial roads in several places and forcing vehicles off the roads,
the police and paramilitary forces prevented the situation from getting out of hand.
Superintendent of Police of Capital Complex (covering twin cities of Itanagar and Naharlagun) M. Harsha
Vardhan said 27 people were arrested in connection with the bandh that had been declared illegal by the district
administration.
“We received reports of sporadic stone pelting in the morning hours. We have identified the people responsible
and strict action would be taken against them soon,” Mr. Vardhan said.
The communities not recognised as Arunachal Pradesh Scheduled Tribe (APST) have been demanding permanent
resident certificate (PRC) as they have been living in the State for decades. The indigenous groups, however,
contend that granting them PRC would be a stepping stone to recognising them as APST, which would eventually
cut into their rights and privileges.
“The government must withdraw its decision to grant PRC to the non-APST groups or we will be forced to step
up our agitation,” a spokesperson of a coordination committee of the 18 agitating groups said.
Case Study 75: Arunachal drops issue of PRC for non-tribals
Govt. buckles after violent protests
The Pema Khandu-led BJP government on Friday buckled under pressure from violent protests and dropped the
issue of granting permanent resident certificate (PRC) to six non-tribal communities from discussion in the 60-
member Assembly.
A conglomeration of 18 student and civil society organisations had imposed a 48-hour shutdown from Thursday
to protest against the government’s move for granting PRC to the six communities, some of whom are Scheduled
Tribes in Assam.
While the shutdown on Thursday was more or less incident-free, protesters went on the rampage from Friday
evening in State capital Itanagar. As their number swelled, the protesters resorted to arson and stone-pelting and
virtually laid siege to the Assembly building.
They set fire to more than a dozen vehicles and damaged a few more, including that of former Congress CM
Nabam Tuki which was caught in the melee. The protesters also damaged private and government property and
vandalised the office of the All Arunachal Pradesh Students’ Union, which they alleged had compromised with
the government on the PRC issue.
The situation forced the police and paramilitary forces to fire tear-gas shells to disperse the mob. Bullets, fired in
the air allegedly injured one person.
“Keeping in view the present situation, the government has decided not to take up the PRC matter in the current
Assembly session,” Mr. Khandu said in a late night message
Case Study 76: Special peace prayer in Nagaland
For a solution to the Naga political problem before the Lok Sabha elections
Nagas have turned to God after more than two decades of wait for a political solution to the peace process
between the Centre and extremist groups, primarily the Isak-Muivah faction of the National Socialist Council of
Nagaland.
The Nagaland Joint Christian Forum on Sunday organised a special prayer for a solution to the “Indo-Naga
political problem” before the upcoming Lok Sabha elections. The prayer was held simultaneously across 11
districts and churches belonging to all the Christian denominations.
Seeking God’s help
Responding to the forum’s call last week, thousands of Christians attended the special church service. They hoped
the prayers would make “God grant His wisdom and direction to the leaders of the Government of India and the
Naga national political (extremist) groups”.
More than 90% of the population of Nagaland is Christian.
“It was a beautiful congregation. The turnout made the day very special,” said Chuba Ozukum, president of Naga
Hoho, the apex body of all Naga tribes.
“It has become the attitude of the Government of India to sideline the issues arising from Nagaland and this time
around, it has become very clear that they instigate a non-issue to cover up and drag the issue at hand. These are
things that we must commit to God so that with the prayer of believers, God will intervene,” a statement issued by
the forum on Wednesday had stated.
‘Non-issue’
The “non-issue” is believed to be a reference to the Citizenship (Amendment) Bill, 2016, that seeks to fast-track
the process of granting citizenship to non-Muslims who have allegedly fled religious persecution in Afghanistan,
Bangladesh and Pakistan till December 31, 2014.
Extremism by Naga groups across Nagaland, Manipur, Arunachal Pradesh and Myanmar began in the 1950s
under the leadership of A.Z. Phizo of the Naga National Council, which signed the Shillong Accord in 1975
signalling an end to a violent separatist movement.
‘Meek surrender’
A section of NNC leaders, however, rejected this accord that they felt was a meek surrender by the Nagas to
India. They broke away to form the NSCN in 1980, which suffered several splits since 1988.
The NSCN(I-M), the largest of these groups, declared a ceasefire with India security forces in July 1997 to start
the peace process.
A solution had appeared in sight when the Narendra Modi government signed a Framework Agreement with the
outfit in August 2015.
At least six other Naga extremist groups were subsequently brought to the talks table, but the final peace deal is
yet to be worked out.

Case Study 77: Hopes dim for solving Naga issue before polls
Centre to update NGOs on the process
Deputy National Security Adviser R.N. Ravi is scheduled to hold a meeting with non-governmental
organisations (NGOs) in Nagaland on February 26, to update them on the progress of the peace process with
Naga extremist groups.
Hopes for a solution to the “Indo-Naga political issue”, under discussion since 1997, before the Lok Sabha
election, has dimmed in Nagaland, with the Congress criticising the BJP for eyeing a settlement after the
elections.
“We have no expectation from Mr. Ravi’s visit, which is meaningless,” said Chuba Ozukum, president, Naga
Hoho, the apex organisation of Naga tribes.
‘Solution before election’ has been the credo of the Naga Hoho.

Centre flayed
“The Centre had promised a solution after the Nagaland Assembly election [in February 2018]. Now, the BJP is
promising a solution after the parliamentary election. They have made a mockery of the issue,” Mr. Ozukum said.
A statement by the Isak-Muivah faction of the extremist National Socialist Council of Nagaland (NSCN-IM) said
Mr. Ravi would meet Naga lawmakers, civil society and tribal organisations during his visit for consultations on
the progress of the peace process. The meetings are scheduled in Dimapur, Nagaland’s commercial hub, and
Kohima, the State capital.
The Deputy NSA, a former intelligence head, was appointed as the emissary for the Naga talks in 2014.
He is credited for bringing seven other extremist groups in Nagaland to the talks table.
Only the Khaplang faction of the NSCN, or the NSCN-K, is outside the purview of the peace process. The outfit
had walked out of a 14-year-old ceasefire in March 2015 and has been fighting the armed forces in India and in
Myanmar, where it is based.

Case Study 78: Nagas ignore Delhi bid to update on peace process
Civil society and student groups boycot consultations with Deputy National Security Adviser R.N. Ravi.
Civil society and student organisations in Nagaland have cold-shouldered the Centre’s bid to update the people
on the progress made in the peace with Naga extremist groups.
These organisations boycotted consultations with Deputy National Security Adviser R.N. Ravi, who had visited
the State on February 26 and 27, to drive home the point that they have had enough of waiting for a settlement to
the protracted “Naga political problem.”
‘Waste of time’
The State’s apex tribal organisation, Naga Hoho, said meeting Mr. Ravi, also the interlocutor in the Naga peace
talks, would have been a wastage of time. “There is a lack of political will for a comprehensive solution, which
was assured in our last meeting. Taking part in another consultation would have been meaningless,” Naga Hoho
president Chuba Ozukum said.
Mr. Ozukum said the Centre was testing the patience of the Nagas and in the process belittling the commitment to
an early solution by President Ram Nath Kovind and Nagaland Governor P.B. Acharya.
Naga Mothers’ Association and Naga Students’ Federation, two other influential organisations, also boycotted the
consultations with Mr. Ravi. They said the Centre was not sincere about arriving at a permanent solution despite
inking a Framework Agreement in August 2015.
However, representatives of the United Naga Tribes Association on Border Areas met Mr. Ravi and asked New
Delhi to fulfil its promise made in the 9-Point Agreement in 1947 and 16-Point Agreement in 1960 to “bring back
all the reserved forests and contiguous Naga areas to Naga people.” These areas, the association said, were
transferred to Assam by the erstwhile British administration for making the Nagas join the Union of Independent
India.
The Naga peace process began in August 1997 after the Centre signed a ceasefire agreement with the Isak-
Muivah faction of the National Socialist Council of Nagaland. Both sides have since held more than 90 rounds of
talks in India and abroad.
Barring the Khaplang faction of the NSCN, Mr. Ravi was instrumental in bringing seven other extremist groups
of the State to the talks table.

Case Study 79: Arunachal CM calls meeting with NGOs, parties over unrest
A commissioner-level probe has been ordered to find the facts behind the unrest that led to widespread
damage
Arunachal Pradesh Chief Minister Pema Khandu has invited different community-based organisations and
political parties for a meeting to tide over the unrest triggered by the government’s now-abandoned move to grant
permanent resident certificates (PRC) to six non-tribal communities.
Three people were killed in firing by the security forces since Friday night when a 48-hour shutdown called by 18
indigenous organisations opposed to PRC turned ugly. Protestors burnt cars, uprooted the venue of the first
Itanagar International Film Festival, damaged roadside property and set houses and shopping complexes owned
by the ruling BJP ministers and leaders on fire.

"Today (Monday) I have talked to a few organisations of different communities over the phone and called for a
meeting with them at 10 am to discuss the present situation. Along with that, I have called for an all- party
meeting to have a detailed discussion regarding the recent situation and the PRC issues,” Mr Khandu said in a
series of early morning messages.
 “I have cleared the government stand on February 22 that we are not taking the PRC matter forward and want to
reassure that we will not take up the issue of issuing PRC to non-APST (Arunachal Pradesh Scheduled Tribe) in
future. Still, a few incidents are taking place where few young boys have lost their lives and are injured. I am
deeply saddened for this and once the situation is normalised I will visit the families personally,” he said.

Appealing for an end to the protest and cooperation with the government for maintaining peace as the “PRC issue
has been ended”, the Chief Minister said a commissioner-level probe has been ordered to find the facts behind the
unrest that led to widespread damage.
“I believe there are some forces behind all the incidents. Arunachal Pradesh is a peaceful State and specially
Itanagar is very peaceful, but there might be the hand of few people in the violent incidents that took place in the
night. The incident took place on Sunday and I think the latest stand of government regarding PRC is not reaching
the masses,” Mr Khandu said.
“Though the forces have been increased, It is not a matter of satisfaction to me as I believe that fewer security
personnel is better for the society and future. They are here for our safety only, but not for any untoward situation
that might happen,” he said.
The CM further said that ex-gratia has been announced for those killed during the protest.
Resignation demanded
The protestors had set 5 pm on Sunday as the deadline for Mr Khandu, Deputy Chief Minister Chowna Mein and
Chief Secretary Satya Gopal to resign for “betraying the indigenous communities”.
In a bid to douse the flames, the Chief Secretary issued a statement saying that the government has decided never
to take up the PRC issue again. In the evening, the CM called for an all-party meeting but no one responded.
“We will attend only if the Governor summons such a meeting,” Mutchu Mithi, leader of the Arunachal Pradesh
unit of the National People’s Party. His party chief and Meghalaya Chief Minister Conrad K. Sangma called for
peace and an amicable solution to the sensitive issue.
Meanwhile, a curfew-like situation continued to prevail in State capital Itanagar and neighbouring Naharlagun
town with security forces patrolling the sensitive areas to keep trouble-makers away.

Case Study 80: Remove Arunachal CM and Rijiju: Cong.

Party demands inquiry by sitting judge into the violence that broke out in the State over the PRC issue
The Congress on Monday demanded a judicial inquiry by a sitting judge into the violence in Arunachal
Pradesh that left at least three people dead and several injured. The party sought the removal of Chief Minister
Pema Khandu and Union Minister of State for Home Affairs Kiren Rijiju for accusing the Congress of
“instigating” the people.
Senior leader Luizinho Faleiro, former Arunachal Pradesh Chief Minister Nabam Tuki and Arunachal Pradesh
Congress chief Takam Sanjoy submitted a memorandum to Home Minister Rajnath Singh’s office.
At a press conference, Mr. Sanjoy accused the BJP government in the State of pursuing divisive politics by first
bringing in the Citizenship (Amendment) Act and then deciding to grant permanent residents certificate (PRC) to
six tribal communities from outside Arunachal Pradesh. “Why does the BJP want to make Arunachal Pradesh a
second Kashmir,” he asked.
“Kiren Rijiju has tweeted that the Congress instigated [the protesters]. Mr. Kiren you have to prove it. We have
urged the Home Ministry to find out who has instigated,” he said.
Alleging that Mr. Rijiju, MP from the State, had failed the people of Arunachal Pradesh by not trying to restore
normality, the Congress demanded that Prime Minister Narendra Modi ask him to step down or sack him.

PRC issue
Violent protests broke out in the State over the decision to grant the PRC to Deoris, Sonowal-Kacharis, Morans,
Adivasis and Mishings, who are living in Namsai and Changlang districts of the State and the Gorkhas living in
Vijaynagar.
Though the State government scrapped its decisions following the protests, the Congress leaders pointed out the
situation was tense and Chief Minister Pema Khandu had failed to effectively to handle the situation
Case Study 81: Rijiju rules out President’s rule in Arunachal, says State govt. couldn’t convince
people on PRC issue
Mr. Rijiju also denied that there was any move to replace Chief Minister Pema Khandu by the ruling BJP.
Union minister Kiren Rijiju on Monday ruled out the imposition of President’s rule in Arunachal Pradesh, which
witnessed widespread violence in the past four days, and said the State government could not communicate
properly to the people on the contentious PRC issue, leading to the unrest.
Mr. Rijiju also said the Pema Khandu-led BJP government in the state should take all possible steps, including
initiating dialogue with the civil society, to bring normalcy as early as possible, as there was confusion on the
issue of granting Permanent Residence Certificate (PRC) to six communities.
“There is no question of imposition of President’s rule. The state government should immediately work for
restoring peace and bringing back normalcy. The protests took place as the state government could not
communicate properly to the people on the issue of PRC,” he told reporters here.
Mr. Rijiju also denied that there was any move to replace Chief Minister Pema Khandu by the ruling BJP. The
Congress has demanded the Chief Minister’s resignation and the imposition of President’s rule in the state.
At least three people lost their lives during violent protests over granting the PRC to six non-Arunachal
Pradesh Scheduled Tribe (APSTs) communities living in Namsai and Changlang districts -- Deoris, Sonowal-
Kacharis, Morans, Adivasis and Mishings -- and to the Gorkhas living in Vijaynagar. Most of these communities
are recognised as Scheduled Tribes in neighbouring Assam. Mr. Rijiju, who hails from Arunachal Pradesh, said
the State government should give compensation to those who were killed and those who received injuries.
“The Home Minister (Rajnath Singh) and I have spoken to the Governor and the Chief Minister and told them
that peace must be prevailed and adequate compensation should be given to the victims of police firing,” he said.
The Union Minister of State for home also blamed the Congress for “politicising” the PRC issue and said the
Narendra Modi-led central government has done tremendous work for the development of Arunachal Pradesh as
well for the entire Northeastern region and all such initiatives should not go in vain due to protests and violence.
“Arunachal Pradesh is a peaceful state and the people are peace loving. The State government should talk to all
concerned people and organisations so that peace and harmony come back. I am told the situation is now under
fully control,” he said.
Army patrolled the streets of Arunachal Pradesh capital Itanagar on Monday as people gathered on streets defying
curfew despite the Chief Minister’s assurance that grant of PRC to six non-native communities in the state was a
“closed issue”.
Curfew that was clamped in Itanagar and adjoining Naharlagun town on Saturday, but it did not deter protesters
from venturing into the troubled streets that were scene of pitched battles with security forces over the last three
days that left three people dead, including two in police firing on Sunday.
No major incident of violence has been reported from anywhere since Monday morning as Arunachal Scouts, an
infantry regiment of the Army trained in mountain warfare, marched through the streets of the two towns to
ensure confidence among people and ward off possible violence, officials said.

Case Study 82: Uneasy calm in Arunachal capital

An uneasy calm prevailed in Arunachal Pradesh capital Itanagar and nearby Naharlagun town under the watch of
security forces on Monday, a day after widespread violence and arson left a trail of destruction and death.
Chief Minister Pema Khandu held a series of meetings with community-based organisations and students’ unions
to “work out peace.” But most political parties, including the Congress and BJP ally National People’s Party,
skipped his call for an all-party meeting.

Three persons have been killed in firing by the security forces since Friday night, when a 48-hour shutdown
called by 18 indigenous organisations opposed to a move for granting permanent resident certificates (PRC) to six
non-tribal communities turned ugly. Protesters burnt cars, vandalised the venue of the first Itanagar International
Film Festival, damaged roadside property and set houses and shopping complexes owned by the ruling BJP
Ministers and leaders on fire.
Mr. Khandu clarified misconceptions about the issue and sought the cooperation of all the organisations in
restoring peace.
Compensation, govt job
The CM expressed pain at the loss of three lives and announced Rs 20 lakh as compensation and a government
job for the next of kin of the deceased and Rs 10 lakh for those injured.
Mr Khandu admitted a “communication gap” regarding the PRC issue that was to be brought up in the Assembly
only for discussion and to make the report of the joint high power committee (JHPC) public. “We had no plan to
introduce a Bill or resolution in this regard. We made this clear through social media,” he said.
The CM said an inquiry committee to be headed by a commissioner would be formed to investigate the causes
behind the violence. An assessment committee would also be formed to compensate for the private properties
damaged.
Musicians from Assam and Nagaland and participants of the abandoned IIFF have sought compensation from the
State government for losing their vehicles, musical instruments, acoustics, and other instruments during the mob
violence.
Meanwhile, the Congress has in a letter to Union Home Minister Rajnath Singh demanded the immediate sacking
of Mr Khandu, Deputy Chief Minister Chowna Mein and Union Minister of State for Home Kiren Rijiju for
“failure in tackling the situation”. The party also sought the constitution of a panel to probe the “firing and killing
of innocent and unarmed protestors”
Case Study 83: Centre urged to extend benefits to SCs converted to Christianity
Legislative Assembly unanimously passes a resolution
The Legislative Assembly unanimously passed a resolution asking the Centre to treat Scheduled Castes who have
converted to Christianity on par with the other Scheduled Castes.
Chief Minister N. Chandrababu Naidu, who moved the resolution, said there was no difference in the economic
status of the Scheduled Castes who got converted to Christianity, but they were ‘unjustly’ losing their caste status
and were put in Backward Classes-C category.
Mr. Naidu said such a resolution was sent to the Centre earlier from the undivided Andhra Pradesh. The lone
Opposition MLA, P Vishnukumar Raju, also voted in favour of the resolution.
Other bills
The Legislative Assembly passed a few important bills after the Motion of Thanks to the Governor’s speech.
The Assembly passed the Simhachala Varaha Nrisimha Swami Panchagrama Temple Lands (occupied)
Regularisation Bill after a short discussion. Deputy Chief Minister K.E. Krishnamurthy, who introduced the Bill,
said it was long pending.
Pendurthi MLA Bandaru Satyanaryana Murty said over one lakh families would benefit from the Bill. He recalled
how former Chief Minister Y.S. Rajasekhara Reddy promised regularisation of the encroached rythuvari lands but
failed to deliver.
The Assembly also approved the Andhra Pradesh Assigned Land Regularisation Amendment Bill. Mr.
Krishnamurthy, while introducing the Bill, said that this would resolve the problems people living in patta lands
were facing.
The Assembly approved the Andhra Pradesh Private Universities (Establishment and Regulation) Bill in which
two new private universities have been added to the list. The Minister for Information and Public Relations
Kaluva Srinivasa Rao said Veltech University, Chittoor, and Bharatiya Engineering, Science and Technology
Innovation University, Anantapur, were added to the list of private universities in the State.
Case Study 84:13 Adivasis arrested for poaching, weapons seized
Police, foresters seize a large number of skins, horns, snares
In a major crackdown against poaching and illegal felling of trees in reserve forest area, a joint squad of the
Forest and Police departments raided Chintalapadu, a forest fringe hamlet of Mulakalapalli mandal, on Tuesday
and seized body parts of wild animals and hunting weapons.
The squad arrested 13 dwellers of the remote hamlet, inhabited mostly by migrant Gutti Koya tribals, on charges
of poaching.
Seven spotted deer skins, three horns of Chowsinga (four-horned antelope), three horns of sambar, 28 antlers of
spotted deer, two horns of wild buffalo and two porcupine spines were seized.
Traditional weapons
A wide range of traditional tools used for allegedly hunting the animals and slaughtering them were also
recovered during the raid. The seized tools include 32 snares, 65 bows, 112 arrows, 20 spades, 40 axes, 60 sickles
and two traps.
Following Chief Minister K. Chandrasekhar Rao’s recent directions to Forest Department to take all steps to
protect wildlife and forest resources. The Forest and Police departments have been working in tandem to
crackdown on poachers in this district that is predominantly a Schedule Five Agency area with a large population
of indigenous people.
The raid comes a day after the forest staff detained two migrant Adivasis in the same locality on charges of
illegally felling trees in the reserve forest area.

Satellite pictures
It was conducted based on specific inputs from the remote sensing data that threw light on partial depletion of tree
cover on forest land near Chintalapadu, sources in the forest department said.
Bhadradri-Kothagudem District Forest Officer S. Rambabu, and Palvancha Circle Inspector of Police M. Ramesh,
led the surprise raid.
The team arrested 13 migrant Gutti Koya Adivasis of Chintalapadu under the Wildlife Protection Act, Telangana
Forest Act and Biodiversity Act, Mr. Rambabu said. Stern action would be initiated against those found indulging
in poaching and deforestation, he adde

Current Affairs
Case Study 85: Triple talaq and Citizenship bills lapse as Rajya Sabha adjourns sine die
The triple talaq and the Citizenship bills, two of the most talked about legislations of the Narendra Modi
government, will lapse as the the government failed to introduce them in Rajya Sabha. Rajya Sabha adjourned
sine die at 12.50 p.m. on February 13.
The Citizenship bill paves way to grant citizenship to six religious minorities — Hindus, Jains, Sikhs, Parsis,
Christians and Buddhists — from Pakistan, Afghanistan and Bangladesh who came to India before 2014. Calling
it a direct violation of the Assam accord there has widespread protest against the Bill in the Northeastern States.
The government had tried to make one last effort to push through the bill by listing it on February 12 in spite of
its assurance to Opposition that the legislation will not be moved.
In the case of the triple talaq bill, the numbers were clearly stacked against the government. The Opposition
questioned the legislation for talaq or divorce as a criminal offence even when the marriage is a civil arrangement.

Case Study 86: Kerala takes the lead in tackling trans fat hazard
Food industry to be encouraged to meet statutory limits set for TFA, people to be made aware of its
harmful effects
In a first, the Health Department has drawn up an action plan to generate public awareness on the harmful effects
of trans fatty acids (TFA) in commercially available food items and to encourage the local food industry to meet
the current statutory limits set for TFA.
The draft is expected to be finalised and released shortly.
The initiative has been launched by the department as various studies suggest that an unhealthy diet with a high
TFA content is a significant factor that pushes up metabolic syndrome and the burden of its associated
complications amongst Keralites.
The year-long action plan has specific components on building awareness on trans fat amongst food business
operators (FBOs) and giving them scientific sessions and training on how they can keep their food TFA-free.
Generating public awareness on the harmful effects of trans fat, especially among schoolchildren, is being given
special focus so that the demand for healthier versions of their favourite foods come from the children
themselves.
Clear timelines are being set as to when each of the components of the plan should be completed and when
enforcement should begin.
Salt being a major contributor to hypertension and stroke, the action plan also plans to address the high salt
content in processed foods, pickles, papads and condiments by encouraging manufacturers to move to low sodium
options.

Need for alternatives

“The food industry is willing to ditch partially hydrogenated vegetable oils (PHVOs, one of the main sources of
TFA in industrially produced food ) and switch to TFA-free margarine or shortening to produce baked goods. But
we have to provide them alternative technologies and know-how on re-adjusting their recipes to maintain the taste
and texture of their products.
The pickle industry is in agreement that good hygienic and manufacturing practices and low sodium options can
reduce the salt content in their products,” a senior health official said.

Support for initiative

The department is being supported in this initiative by Vital Strategies, the nutrition wing of the World Bank,
WHO, the Food Safety and Standards Authority of India (FSSAI), and the State Food Safety wing, which will be
in charge of enforcement.
An experts’ group has been constituted for the implementation of the guidelines on TFA and salt reduction.
The action plan has been drawn up after high profile meetings involving health experts and FBOs.

Case Study 87: Upper House nod for Bill to remove leprosy as ground for divorce
The Upper House first passed The Personal Laws Amendment Bill, 2018 by voice vote and Chairman M
Venkaiah Naidu then took up the Consumer Protection Bill, but it was met with vociferous protests from TMC
and Left parties, forcing a 10-minute adjournment.The Rajya Sabha on Wednesday passed a Bill removing
leprosy as a ground for divorce under five personal laws, including the Hindu Marriage Act. The Upper House
passed the Bill without debate after consensus on the issue.However, consensus eluded the Consumer Protection
Bill which the government sought to push on Wednesday. The Upper House first passed The Personal Laws
Amendment Bill, 2018 by voice vote and Chairman M Venkaiah Naidu then took up the Consumer Protection
Bill, but it was met with vociferous protests from TMC and Left parties, forcing a 10-minute adjournment. When
the House reassembled, Naidu said there was a communication gap on the Consumer Protection Bill and it would
not be taken up. While opposing the passage of The Consumer Protection Bill 2018, without debate, TMC leader
Sukhendu Sekhar Roy said the proposed law would weaken the state consumer forums by giving disproportionate
powers to the central consumer body. Left parties also opposed passage of the Bill without debate. The Bill was
passed by Lok Sabha in December last year. The Personal Laws (Amendment) Bill, 2018 seeks to remove leprosy
as a ground for divorce in five personal laws — Hindu Marriage Act, Dissolution of Muslim Marriages Act,
Divorce Act (for Christians), Special Marriage Act and the Hindu Adoptions and Maintenance Act.

Case Study 88: To implement EWS quota, central institutions seek Rs 5,600 crore
The 10 per cent EWS quota was approved by the Union Cabinet on January 7 and its implementation across all
central institutions was notified by the HRD Ministry on January 17.All centrally-funded educational institutions
— including IITs, IIMs, central universities, NITs and IIITs — will collectively add close to 1.2 lakh seats in the
new academic session starting July, and another 95,000 next year to implement the 10 per cent quota for
Economically Weaker Sections (EWS). The central institutions were asked to increase their intake over two years
in a way that the existing number of seats for SC, ST, OBC and general category students did not face cuts. This
increase was pegged at 25 per cent by HRD Minister Prakash Javadekar in a press conference held last month.
The capacity expansion will cost the government roughly Rs 5,600 crore, according to the implementation plan
shared by all central institutions by January 31.Of this, Rs 3,830 crore has been sought for building new
infrastructure, Rs 723 crore for salaries on account of hiring more teachers, and the remaining for fellowships
meant for the added intake. The biggest chunk of the Rs 5,600 crore has been sought by the central universities
(Rs 2,682 crore), followed by the IITs (Rs 1,094 crore), and the NITs (Rs 1,001 crore). This financial cost of
implementing EWS reservation is much more than the estimate (of Rs 4,200 crore) initially prepared by the HRD
Ministry. As reported by The Indian Express on January 17, the official proposal moved by the Ministry of Social
Justice and Empowerment — which was approved by the Union Cabinet on January 7 — states that the cost of
implementing the 10 per cent quota would have to be borne by the central institutions out of the additional
revenue generated by them on account of increased seats, without any financial implication for the government.
In other words, the original proposal approved by the Cabinet did not account for any expenditure on capacity
expansion of central educational institutions for implementing the 10 per cent EWS quota. However, the Interim
Budget, 2019, has earmarked close to Rs 4,600 crore for implementing the 10 per cent reservation for the poor in
general category in central educational institutions and for HEFA equity. It’s still not clear how much of this is
meant specifically for capacity expansion of central institutions to accommodate the 10 per cent quota without
reducing general category seats. As per the plans shared by the educational institutions, IITs are going to
collectively increase their student intake by 6,708 seats, of which 2,388 seats will be added this year, and
remaining next year. Similarly, the IIMs will add 620 seats in July and 743 in 2020, and central universities will
hike total intake by 47,223 over two years. The 10 per cent EWS quota was approved by the Union Cabinet on
January 7 and its implementation across all central institutions was notified by the HRD Ministry on January 17.

Case Study 89: A geneticist wages war against ‘bad’ cholesterol

Helen Hobbs, who won the 2016 Breakthrough Prize in Life Sciences, explains how PCSK9 inhibitors work
when statins don’t
Several modern diseases, whether diabetes, coronary artery disease or fatty liver disease, are common among
those who are obese or have insulin resistance. Yet, not everyone who has these risk factors falls sick. What
differentiates those who are protected from those who aren’t? The answer lies in genetics, according to Helen
Hobbs, a geneticist at Dallas’ UT Southwestern Medical Center.
“Geneticists look for people who are similar, yet different,” she said during her talk at the TNQ Distinguished
Lectures in Life Sciences here on Wednesday.
Dr. Hobbs, who won the 2016 Breakthrough Prize in Life Sciences, discovered a mutation in a gene called
PCSK9, which protects African Americans against heart disease. Her other discoveries include a mutation in a
gene called ANGPTL3, which suppresses plasma triglycerides and cholesterol, and mutations that promote fatty
liver disease in Hispanics. The first of these discoveries led to the development of PCSK9 inhibitors, drugs that
work when statins don't.
At the talk, held in Bengaluru’s St. John’s auditorium, Dr. Hobbs explained how PCSK9 inhibitors trump statins.
Statins work by increasing the numbers of low-density lipoprotein (LDL) receptors, which suck up LDL or “bad”
cholesterol from blood. Simultaneously though, statins also increase the level of a protein called PCSK9. This
protein interferes with LDL receptors, thus attenuating their effect. This is why, patients who have just begun
taking statins see a large lowering of lipids first, with effects waning later.
On the other hand, Evolocumab and Alirocumab, the two PCSK9 inhibitors developed based on Dr. Hobbs’
research, directly kill the PCSK9 protein. By allowing LDL receptors to do their job, these drugs push LDL very
low, thus helping sufferers of familial hypercholesteremia who don’t respond to statins.
Through her work on the Dallas Heart Study, a multiethnic cohort of African, Hispanic and European descent, Dr.
Hobbs demonstrated the role of LDL in heart disease. But her team also found that those with very low LDL due
to the PCSK9 mutations did not suffer side effects.
The geneticist spoke about one such study subject, a 32-year-old aerobics instructor in the Dallas cohort, who had
two copies of the protective mutation. Her LDL was as low as 14 mg/dl; for comparison, 70 mg/dl is considered
healthy in most people. When Dr. Hobbs and her team tested her for loss of adrenal function and other expected
side effects, they found nothing. “She was healthy then; she is healthy now,” Dr. Hobbs said. The finding was a
heartening one, because it meant that drugs which mimicked the effects of the PCSK9 mutations were likely to be
safe.

Case Study 90: City in grip of swine flu as 103 fresh cases reported on Thursday: official
Total number of people affected by disease stands at 1,196; Centre-run hospitals have reported 13 deaths
so far
Over 100 fresh cases of swine flu were recorded in the Capital on Thursday, taking the total number of people
affected by the disease in the city this year to 1,196, according to a senior official.
According to a report of the Directorate General of Health Services, the death toll due to swine flu in Delhi this
year stands at six and till Wednesday, 1,093 had been affected by the disease in the city this season.
“Delhi is in grip of swine flu. Today, 103 fresh cases were recorded,” the official said.
The DGHS report had also mentioned deaths of five more persons from co-morbidity. As per the report, of the six
persons who have died of swine flu this year, one belonged to Delhi while the rest were residents of other cities.
Issues health advisory
Amid the mounting cases of the H1N1 infections in the city, the Delhi government on Wednesday issued a health
advisory, prescribing the do’s and don’ts.
Delhi on Tuesday had recorded one death due to swine flu and 1,019 positive cases. Till Monday, the Delhi
government had not reported any death due to the flu, but it recorded one death of a Delhi resident on Tuesday,
the report said,
However, two Centre-run hospitals here have reported 13 deaths due to swine flu this year. According to senior
officials at Safdarjung Hospital, three deaths due to swine flu have been recorded this season, while RML
Hospital has reported 10 fatalities. Nine of the 10 people who died at RML Hospital were from Delhi, and the
other one was from outside the city, officials said.
There are three categories of H1N1 influenza -- A, B and C.
“No Oseltamivir (medicine) and testing is required for category A patients. They should confine themselves at
home and avoid mixing up with public and high risk members in the family,” the advisory said.
In addition to all the signs and symptoms mentioned under category A, if a patient has high-grade fever and
severe sore throat, he or she may require home isolation and Oseltamivir. In addition to all the signs and
symptoms mentioned under category A, individuals having one or more of the high-risk conditions shall be
treated with Oseltamivir, it added.
High-risk group
High-risk group includes, children with mild illness but with predisposing risk factors, pregnant women, persons
aged above 65 years, patients with lung and heart diseases, liver and kidney diseases, , the advisory said.

Case Study 91: Swine flu claims 250 lives in country this year
The guidelines for influenza vaccination and the details of manufacturers of vaccine provided by Drug
Controller General of India have been shared with all states.
Swine flu has so far claimed over 250 lives in the country this year so far with 30 more deaths due to
the disease being reported in last three days till February 7.
With the number of swine flu cases going up, the health ministry has asked the states to bolster their surveillance
for early detection of the disease and also keep beds reserved in hospitals to deal with acute cases which require
ventilator facility.
States have also been advised to involve district collectors in enhancing public awareness and outbreak response,
a health ministry statement said.
2 390
The guidelines for influenza vaccination and the details of manufacturers of vaccine provided by Drug Controller
General of India have been shared with all states. Communication material for preventive measures has also been
shared. Video conferences are being held regularly to monitor the situation.
Advisory for preparedness to seasonal influenza A (H1N1) was issued and the Integrated Disease Surveillance
Programme (IDSP) and its state units have enhanced surveillance for Influenza like Illness (ILI) and Severe Acute
Respiratory Infections (SARI).
The Drug Controller General of India has been asked to coordinate with drug manufacturers and monitor the
availability of Oseltamivir, the medicine recommended by WHO, in various states.
The health ministry has recommended vaccination for healthcare workers and other priority groups. The
guidelines for influenza vaccination have been shared with all states.

Case Study 92: Diphtheria: Kerala waits for new vaccine policy
Repeated resurfacing of disease amongst adolescents, older age groups in various districts
The repeated resurfacing of diphtheria amongst adolescents and older age groups in many districts in the State is
an evidence of the epidemiological shift in disease burden that the State has been undergoing for the past decade.
These sporadic cases would come down and older children, adolescents and women of reproductive age would be
afforded better protection against diphtheria when the Centre implements the World Health Organisation
recommendation to replace Tetanus Toxoid (TT) vaccine with Tetanus-adult Diphtheria (Td) vaccine, public
health experts said.
One of the worst diphtheria outbreaks in the State had been in 2016, when over 500 cases had been reported
across districts. The disease had surfaced in 2017 and 2018 too, with more cases amongst adolescents and older
persons.
2 cases in Malappuram
Last week, two cases of diphtheria were reported in two 15-year-olds in Malappuram district, while an isolated
case had been confirmed in a 21-year-old from Thiruvananthapuram on Friday. According to WHO, after the
introduction of vaccine in a population where diphtheria is endemic, the epidemiologic patterns undergo changes
in two stages. At first, the disease burden shifts to children of school-going age and in the second stage, it moves
to adolescents and young adults.
Even when the primary vaccination coverage against diphtheria is high, immunity is known to wane in late
childhood or adolescence.
Checking outbreak: But the potential of an outbreak among a large population of susceptible adults can be
checked if the primary immunisation coverage is over 90% and if sufficient booster doses of the vaccine are
administered to adolescents and older population.
“The National Technical Advisory Group on Immunisation had in 2016 itself recommended that while diphtheria
surveillance systems should be strengthened, replacing TT vaccine with Td vaccine would be an ideal public
health intervention to bring down the susceptibility to diphtheria amongst the older populations. Kerala too had
been pushing for this after the huge diphtheria outbreak it had in Malappuram and other districts in 2016. The
Union Health Ministry had announced last year that TT booster doses at 10 and 16 years of age, two doses of TT
or single booster dose of TT given to pregnant women, will be replaced by Td by the end of the year. We are now
waiting for its implementation,” a senior Health official said.

Vaccination intensified: Routine immunisation activities were intensified across the State after the huge
diphtheria outbreaks it had in 2016, when 533 cases were identified in 11 districts. These large number of cases
were despite the fact that Kerala has always had a high coverage of DTP (diphtheria, pertussis, tetanus) vaccine
over 85%.
About 92% occurred in three districts of north Kerala — Malappuram, Kozhikode, and Kannur. Cases were also
reported from Wayanad, Palakkad, Thrissur, Kasaragod, Alappuzha, Ernakulam, and Thiruvananthapuram.
Almost 79% of the cases occurred in the above 10 years age group. Just 7% of the cases were children under
5 years while another 7% were in the age group of more than 45 years, affirming the fact that booster doses were
necessary to protect adolescents and adults from diphtheria.
Measles too: The same trend is currently being witnessed in the case of measles also, with a high proportion of
cases in those above 15 years of age.

Case Study 93: How geneticist Helen Hobbs found a way to fight bad cholesterol
Geneticist and her team developed inhibitor drugs against low-density lipoprotein
The discovery of cholesterol-lowering mutations in a human gene called PCSK9 led to the development of the
most promising new drugs against heart disease since statins.
At the Hyderabad edition of the TNQ’s Distinguished Lectures in Life Sciences, geneticist Helen Hobbs told an
audience of scientists and lay persons the story of this discovery. Hobbs and her colleague at Dallas’ UT
Southwestern Medical Center, geneticist Jonathan Cohen, found that when people had a mutation in PCSK9, they
ended up with lower levels of low-density lipoprotein (LDL) or bad cholesterol. Through this mechanism, the
mutation protected people against heart disease, seemingly without side effects. In 2016, Hobbs was awarded the
Breakthrough Prize in Life Sciences for her work.
Hobbs’ research journey was unusual in many ways. When she began working on cholesterol in the early 2000s,
the prevailing strategy among researchers looking for the genetic basis of disease was to search for common gene
variants (present in around 5% of the population). However, this strategy hasn’t gone very far in understanding
complex illnesses like heart disease; most common variants only have small effects on traits like cholesterol.
Hobbs reasoned that it would be more fruitful to look for rare gene variants with large impacts. Large impacts
would also mean such findings would translate more quickly into treatments, she said.
The question Hobbs and Cohen wanted to answer was how necessary high LDL was to causing coronary artery
disease (CAD). From Mendelian, or single-gene disorders, the researchers already knew that elevated LDL made
people sick. People with Mendelian heart disease often have no other risk factor, such as obesity or smoking.
LDL seems sufficient to make them ill. Hobbs wanted to test if the opposite was true. In other words, she was
looking for a gene that protected against LDL and promoted health. To do this, the team set up the Dallas Heart
Study, a cohort of around 3500 people, comprising blacks, hispanics and whites. The idea was that more racial
diversity would make it more likely to find rare variants.
The cue for which gene to focus on in the Dallas Heart Study came from a French study which found that people
with familial hypercholesteremia – a genetic disorder leading to high LDL — tended to have a mutation in the
PCSK-9 gene. Could a mutation with the opposite effect protect people against CAD then? To answer this, Hobbs
et al. sequenced the genes of people at both extremes of the Dallas Heart Study – those with the highest LDL
levels and lowest. Sure enough, they found a mutation that protected against LDL, the opposite of the French
study. The findings led to the development of the PCSK9 inhibitors Alirocumab and Evolocumab within 10 years,
an unusually rapid example of drug development. The average time between the discovery of a drug target to
commercialisation is typically 15 years.
Today, Hobbs has turned her attention to fatty liver disease. Here, too, her efforts led to the identification of two
gene mutations which promote the disease through different pathways. Both mutations increase triglycerides in
blood through different mechanisms, while also making people susceptible to liver cirrhosis and cancer. This
finding shows that a condition called hepatic steatosis, in which fat builds up in the liver is not as benign as
clinicians currently think, according to Hobbs. When hepatic steatosis is not accompanied by inflammation,
clinicians call it “bland” and believe it has a good prognosis. Hobbs’ research shows that such fat build-up, which
results from high triglycerides, can lead to cirrhosis and cancer without help from any other factors. “I question
whether [steatosis] really is bland,” she said.

Case Study 94: TB survivors challenge patent to end J&J monopoly

Two tuberculosis survivors from India and South Africa have challenged a patent to prevent pharmaceutical giant
Johnson & Johnson (J&J) from extending its monopoly on bedaquiline, one of the two newest anti-TB drugs in 50
years.
Mumbai’s Nandita Venkatesan and Cape Town’s Phumeza Tisile are both survivors of drug resistant TB, who
lost their hearing because of the toxicity of anti-TB treatment. They are now advocating for a wider rollout of
newer drugs like bedaquiline over other painful injections and drugs with severe side effects.
“With this patent challenge, we want to stop an extension of the patent monopoly that will continue to block
people from accessing more affordable generic versions of bedaquiline,” Ms. Venkatesan said in a statement.
The patent challenge has been filed with support from Médecins Sans Frontières (MSF). “Despite the benefits of
the drug, high prices remain a barrier. J&J recently announced a reduced price of $400 for six months of
bedaquiline treatment for South Africa and countries procuring the drug through the Global Drug Facility, but this
falls short of making the drug affordable in all countries affected by the DR-TB epidemic,” a statement from the
MSF said.
The statement also said the J&J patent application being challenged is for the salt form of bedaquiline, which does
not merit patenting under India’s patent law. If granted, J&J’s monopoly on bedaquiline would be extended from
2023 to 2027, delaying entry of generics by four additional years.
A J&J spokesperson said the company is committed to ensuring that bedaquiline reaches as many patients as
possible, and it is a committed partner in India’s efforts to combat TB. “The patent application in question – for
the formulation of bedaquiline – was filed in 2007, and became publicly available in 2008, as part of standard
procedures when developing new medicines. The application was first considered by the Indian Patent Office in
2012 and remains under review. A formulation patent would not prevent generic manufacturers from developing
the active pharmaceutical ingredient in their own formulations after July 2023,” the spokesperson said.
The spokesperson also said since the introduction of bedaquiline in India, J&J has donated more than 10,000
courses to support the government’s efforts to scale up access. “Beyond providing access to bedaquiline, we have
also supported efforts to improve diagnostic capacity, train health workers on the clinical management of TB, and
raise awareness of TB at the community level.”

Case Study 95: Government moves Kapu and other EWS quota, BC Sub-Plan Bills
Empowered to make provision for 10% reservation, it says
The TDP government on Wednesday introduced two Bills for 5% reservation each to the Kapu sub-castes and the
other Economically Weaker Sections (EWS) in the general category (upper castes) in the Assembly on
Wednesday in the wake of the 103rd amendment to the Constitution.
Minister for BC Welfare and Empowerment K. Atchan Naidu moved the A.P. Economically Weaker Sections of
Citizens (Reservation of Seats in Educational Institutions and of Appointments or Posts in the Public Services
under the State for Kapus) Bill, 2019 and the A.P. Economically Weaker Sections other than Kapus (Reservation
of Seats in Educational Institutions and of Appointments or Posts in Public Services under the State) Bill, 2019.
The government mentioned in the statement of objects and reasons that it was empowered to make provisions for
10% quota to the Kapu sub-castes and other EWS among the upper castes consequent to the 103rd constitutional
amendment.
The 5% reservation is for Kapus and sub-castes Telaga, Ontari and Balija and the remaining 5% for EWS other
than Kapus among the upper castes.
This 10% is in addition to the existing reservation of 15%, 6% and 29% respectively for the Scheduled Castes, the
Scheduled Tribes and the Socially and Educationally Backward Classes.
The A.P. Backward Classes Sub-Plan (Planning, Allocation and Utilisation of Financial Resources) Bill, 2019 is
another important Bill introduced. It has been framed on the lines of the Scheduled Castes Sub-Plan/Tribal Sub-
Plan Act of 2013 to earmark a portion of funds from the plan outlay for exclusive development of the BCs with
effect from the financial year 2015-16 to bridge the developmental gaps.
The government passed the A.P. Value Added Tax (Amendment) Bill, 2019 and the A.P. Private Universities
(Establishment and Regulation) (Amendment) Bill, 2019 for the establishment of the Veltech University in
Chittoor district and Bharatiya Engineering Science and Technology Innovation University at Anantapur and the
A.P. Intelligent Global Hub for Digital Pedagogies Bill, 2019.
The Value Added Tax (Amendment) Bill gives effect to the reduction of the additional tax on petrol and diesel
from Rs. 4-a-litre to Rs. 2. It entails an estimated revenue loss of Rs. 1,120 crore per annum. Under the A.P. VAT
Act, 2005, petrol and diesel are taxed at 31% plus Rs. 4 per litre and 22.50% plus Rs. 4 per litre. This additio nal
tax is being cut to provide relief to consumers.

Case Study 96: NGOs call for funds to eliminate tuberculosis

Plea for person-centred approach
Non-governmental organisations (NGO) working to eliminate tuberculosis have urged the government to ensure
that the National Strategic Plan for 2017-2025 is fully funded and effectively implemented to eliminate
tuberculosis.
‘Invest substantially’
Several NGOs and stakeholders, including TB survivors, have urged the Global Fund to Fight AIDS, TB and
Malaria, and donor countries to invest substantially in communities to create a person-centred, rights-based and
gender-sensitive response to TB.
The signatories to these appeals are Touched by TB, TB Mukt Vahini-Bihar and REACH (Resource Group for
Education and Advocacy on Community Health). These organisations are supported by the Stop TB Partnership,
Geneva; Global Coalition of TB Activists; Rainbow TB Forum, Tamil Nadu; and Journalists against TB,
Bengaluru.
The NGOs and stakeholders have committed to supporting the government in achieving a people-centred and
rights-based response; partnering with service providers to reach the last mile support; serving as an early-
warning system by sharing real-time information; and contributing to effective planning and implementation of
the National Tuberculosis Control Programme (NTCB), drawing on their lived experiences of TB.
These decisions followed discussion by NGOs, stakeholders from the TB community, and survivors and
community organisations, in New Delhi, on Wednesday.
Preparatory meeting
The country will host the preparatory meeting for the 6th Replenishment of the Global Fund and Launch of the
Investment Case on Friday and Saturday in New Delhi.

Case Study 97: Tribal life in monochrome

Yorke’s photographs on show at Nagoba Jatara
An exhibition of 200 photographs taken by British anthropologist and filmmaker Michael Yorke nearly four
decades ago is being held on the sidelines of the Nagoba jatara in Keslapur village of Indervelli mandal here.
The photos were clicked at various places, including the jatara itself, when Mr. Yorke was conducting
anthropological studies of Raj Gonds of Adilabad based in Ginnedhari, now in Tiryani mandal of Kumram
Bheem Asifabad district.
Telangana Tribal Welfare Commissioner Christina Z. Chongthu inaugurated the exhibition on Tuesday.
The exhibition took Mr. Yorke down the memory lane as he recognised characters and subjects in the mostly
black-and-white photographs, when he presented himself for the inauguration. He pointed out people and musical
instruments to his wife Valerie who had accompanied him.
Mr. Yorke and Valerie offered prayers to the deity at the Nagoba temple and visited various sections of the jatara
familiarising themselves with the event.
The couple was felicitated by the Mesram clan Raj Gond elders who oversee the conduct of the event. They spent
time in Govad meeting womenfolk, including some who had been admitted into the Mesram clan after their
marriage during the ‘bheting’ ritual of introduction to the serpent god.

Case Study 98: NHRC seeks report on witch-hunt incidents

The National Human Rights Commission (NHRC) has issued notices to the Odisha Chief Secretary and the
Director-General of Police over the State's alleged inaction to prevent witch-hunt incidents which often result in
murders.
The NHRC has asked the two top officers to submit a report within four weeks. Radhakanta Tripathy, a human
rights lawyer, had drawn the attention of the NHRC over the recent murder of five persons, including a mother
and her four children, in the Koida block of Sundargarh district.
The rights panel has warned that it would invoke coercive process under Section 13 of the Protection of Human
Rights Act, 1993, for personal appearance of the concerned authority if the report was not submitted within the
stipulated time.
Mr. Tripathy had moved the NHRC in 2013, pointing out that three women and one elderly man were paraded
naked by villagers, branding them black magicians in Amapada village in Sundargarh district. Despite the NHRC
recommendations, the situation has not improved in the district, he said.
According to him, over 500 persons have been killed on suspicion of practising witchcraft in Odisha during the
last 14 years.
“Of these, 274 murders have taken place in the last five years alone. It suggests that the incidents of witch-hunting
have not come down despite increase in access to education,” he said.

Case Study 99: A memorial to remember Odisha’s witch-hunt victims

The State loses an average of 70 lives annually on account of the heinous practice
A memorial for witch-hunt victims may sound odd, but the Odisha police have chosen this innovative way to
sensitise people to shun the heinous practice.
The witch-hunt victims’ memorial, said to be the first of its kind in the country, was opened to the public in the
district headquarter town of Keonjhar on Wednesday.
While it has a symbolic statue in memory of all the innocents who were killed after being branded as witch, the
names of the victims have been etched on a granite stone.
State Director General of Police R.P. Sharma inaugurated the statue in the presence of 300 witch-hunt victims and
members of self-help groups.
In order to sensitise the public, Mr. Sharma and top officials of Keonjhar sat with women who had been branded
as witches over dinner and discussed measures to rid society of the menace.
“The inhuman practice of witch-hunting prevails in several States, including Jharkhand, Odisha, Chhattisgarh and
Assam, mainly in the tribal areas. The social evil has long vanished from most parts of the world, barring India
and some African countries,” said Keonjhar Superintendent of Police Jai Narayan Pankaj.
“In India, 134 people, majority of them being women, were killed after being branded as witch. In Odisha last
year, 18 people were killed. In Keonjhar, more than 50 people have been killed in the last 10 years,” said Mr.
Pankaj.
According to the Odisha Rationalist Society, an independent body of rationalists, the problem is much bigger.
“According to newspaper reports and our own field verifications, Odisha loses an average of 70 lives on account
of witch-hunting every year. In the last two months, 10 murders have been committed. While five members of a
family were wiped out in Sundargarh district in January, three were killed in Rayagada a couple of days ago,”
said ORS secretary Debendra Sutar.
A decorated van with awareness messages, publicity material and copies of the Odisha Prevention of Witch-
hunting Act, 2013, was also flagged off. It will move in the interior pockets of Keonjhar to raise awareness about
the social evil

Case Study 100: Nagaland Assembly rejects citizenship Bill

Passes resolution amid Oppn. walkout
The Nagaland Assembly has passed a resolution rejecting the contentious Citizenship (Amendment) Bill, amid a
walkout by 26 Opposition MLAs.
The resolution, passed on Monday, denounced the proposed Bill stating that it cannot be implemented in
Nagaland as it will impact the “unique history and status of the Nagas under the Constitution”. It was moved by
Chief Minister Neiphiu Rio on Saturday.
Solidarity with States
The resolution also expressed solidarity with the States and communities of the Northeast in opposing the Bill, as
it has the potential of “changing the demographic profile, which will be against the interest of indigenous tribes
and can divest them of their constitutionally guaranteed political, cultural and economic rights”.
The opposition MLAs, however, walked out of the Assembly, saying they would not support the resolution in its
present form.
The Citizenship (Amendment) Bill, passed in Lok Sabha on January 8, seeks to provide citizenship to non-
Muslims from Bangladesh, Pakistan and Afghanistan after six years of residence in India.

Case Study 101: Government introduces Bill on northeast

The amendment will impact one crore tribal people in Assam, Meghalaya, Tripura and Mizoram.
The government quietly introduced a Constitution Amendment Bill in Rajya Sabha on Wednesday to increase the
financial and executive powers of the 10 Autonomous Councils in the Sixth Schedule areas of the northeastern
region. The amendment will impact one crore tribal people in Assam, Meghalaya, Tripura and Mizoram.
The Bill is one of the legislations announced in the past month in the wake of protests in the region following the
passage of the Citizenship Amendment Bill, 2019, in the Lok Sabha. A senior government official said The
Constitution (125th Amendment) Bill, 2019 was introduced amid din on February 6 in Rajya Sabha.
“A call was taken to introduce in the Rajya Sabha so that the legislation remains alive even after the House has
adjourned sine die. Introducing it in the Lok Saha would have meant that the Bill’s life is co-terminus with that of
the term of the Lok Sabha, which will see the last sitting of the current House on February 13,” said the official.
The proposed amendments provide for elected village municipal councils, ensuring democracy at the grassroot
level.
The village councils will be empowered to prepare plans for economic development and social justice including
those related to agriculture, land improvement, implementation of land reforms, minor irrigation, water
management, animal husbandry, rural electrification, small scale industries and social forestry.
The Finance Commission will be mandated to recommend devolution of financial resources to them, an official
statement said.
The Autonomous Councils now depend on grants from Central ministries and the State government for specific
projects. At least one-third of the seats will be reserved for women in the village and municipal councils in the
Sixth Schedule areas of Assam, Mizoram and Tripura after the amendment is approved.
The official said the fate of the Citizenship Amendment Bill, 2019, was not known. It was passed by the Lok
Sabha but has to be passed by the Rajya Sabha in the current session to become a law.
Assam and other States like Meghalaya, Nagaland, Tripura and Mizoram have been protesting against the Bill
that would make it possible to give Indian citizenship, mostly to illegal Hindu migrants from Bangladesh in
Assam, who came after March 1971, in violation of the 1985 Assam Accord.
Case Study 102: Citizenship Bill protests to greet PM
He will visit 3 northeastern States
The Citizenship (Amendment) Bill has become the rallying point for political parties and civil society
organisations across Arunachal Pradesh, Assam and Tripura to protest or boycott Prime Minister Narendra
Modi’s visit to the northeast.
Mr. Modi arrived in Guwahati on Friday evening for initiating or inaugurating a slew of projects in the three
States on Saturday.
“We are not against the Prime Minister’s visit to the State, but we are disappointed that the draconian Bill that
threatens the existence of the indigenous people of the northeast is being brought under his leadership,”
Arunachal Pradesh Congress Committee general secretary Chera Taya said.
The party, he said, would carry out a rally in Itanagar during Mr Modi’s programme. Other regional entities such
as People’s Party of Arunachal have lent support.
In Guwahati, 70 organisations led by Krishak Mukti Sangram Samiti have planned a black flag demonstration
during the Prime Minister’s visit. Tripura’s Left Front MPs – Jharna Das Baidya, Jitendra Chaudhury and
Shankar Prasad Dutta – have decided to boycott Mr. Modi’s programme.

Case Study 103: Manipur government opposes Citizenship Bill: CM N Biren Singh
The merger agreement, the imposition of Armed Forces Special Powers Act and Indo-Myanmar border
Agreement 1967 are among others which still haunts the people, he said.Manipur Chief Minister N. Biren Singh
Friday categorically stated that his government strongly opposes the Citizenship Amendment Bill (CAB) until a
clause is inserted in the Bill giving protection to the indigenous people of Manipur and Northeast region. The
Chief Minister said the people’s apprehension over the Citizenship Bill is genuine for ‘we have been betrayed’
several times in the past. The merger agreement, the imposition of Armed Forces Special Powers Act (AFSPA)
and Indo-Myanmar border Agreement 1967 are among others which still haunts the people, he said. “We feel the
same way the people do. We have the same fear. We are very wary in the event of unfamiliar policies due to our
earlier experiences for we are the sons of the soil”, he added. N. Biren Singh, however, assured that his
government is with the people and will fight for the people and the state. The recent cabinet decision to pressure
the Centre for exempting Manipur from the purview of the Bill and seeking Presidential Assent on the Manipur
People’s Bill, speaks for itself on the serious concern of the government for its people, said Singh. He appealed to
the people to refrain from orchestrating things during agitations that could hurt the sentiment of other
communities and also which can put the state in bad light. Instead, he urged the people to jointly pressure the
Central Government to give assent to the Manipur Peoples Bill, 2016 unanimously passed by the House.
Meanwhile, traffic in Imphal was disrupted for the third consecutive day by protestors agitating against the
Citizenship Bill. The protest is a part of the “on road mass indefinite protest” which began last Thursday launched
by the Manipur Peoples Against Citizenship Amendment Bill (MANPAC), an umbrella group of over 70 civil
society organisations operating in Manipur.

Case Study 104: Northeast rejoices lapse of Citizenship Bill

The Centre’s failure in tabling the Citizenship (Amendment) Bill, 2016 in the Rajya Sabha on Wednesday
triggered euphoria across the North-Eastern states.
As soon as the news of the lapsing of the Bill came in, people across Assam and the neighbouring States took to
the streets bursting firecrackers, singing, dancing and organising victory rallies.
“The northeast came together as one against the Bill. Their spontaneous protests prevented the Centre from
tabling the Bill, thus saving democracy and the secular fabric in the country,” All Assam Students’ Union chief
advisor Samujjal K. Bhattacharya said.
“Apart from the people, the bold decision of the Chief Ministers of the northeast, barring Assam and Tripura, to
go against their own party or ally made the BJP back off. The Chief Minister of Meghalaya deserves our gratitude
for this day,” RTI activist and peasants’ leader Akhil Gogoi said.
The Asom Gana Parishad (AGP), which had severed its ties with the BJP and pulled out its support to the
Sonowal government after the Bill was introduced in the Lok Sabha last month, said the people of the northeast
showed how powerful they can be when united. “The BJP will think twice before trying to impose the Bill later,”
party president Atul Bora said.

‘Bill virtually shelved’

AGP leader Manoj Saikia said the party would discuss renewing ties with the BJP since the Bill has been
“virtually shelved”.
The Assam unit of the Congress, which had conceived the Bill in a “more secular” form less than a decade ago,
celebrated the “victory of the people” by distributing sweets. Party veteran and former Chief Minister Tarun
Gogoi said people of the northeast thwarted the BJP despite Assam Chief Minister Sarbananda Sonowal and
Finance Minister Himanta Biswa Sarma “trying their best to destroy the State” by endorsing the Bill.
However, Mr. Sarma said failure to get the Bill passed in the future will be a defeat for Assam. “We will try to
push it in the Rajya Sabha as and when we have the numbers there. We brought the Bill to prevent 17 of Assam’s
33 districts becoming a Bangladeshi Muslim majority State by 2021. The Bill is our commitment and it will
remain so during the Lok Sabha elections,” he said.

Consensus approach or retreat?

Manipur Chief Minister Nongthombam Biren Singh, thanked Prime Minister Narendra Modi and BJP president
Amit Shah for not tabling the Bill and opting for a “consensus-driven approach”.
He tweeted: “I sincerely appreciate and congratulate the people of Manipur and NE in general for winning on
CAB (Citizenship (Amendment) Bill). The efforts of students, meira paibis (women’s groups), NGOs and
different political parties of the State were remarkable. Because of your genuine demands, the Central
government has reviewed CAB.”

Case Study 105: Northeast rejoices lapse of Citizenship Bill

The Centre’s failure in tabling the Citizenship (Amendment) Bill, 2016 in the Rajya Sabha on Wednesday
triggered euphoria across the North-Eastern states.
As soon as the news of the lapsing of the Bill came in, people across Assam and the neighbouring States took to
the streets bursting firecrackers, singing, dancing and organising victory rallies.
“The northeast came together as one against the Bill. Their spontaneous protests prevented the Centre from
tabling the Bill, thus saving democracy and the secular fabric in the country,” All Assam Students’ Union chief
advisor Samujjal K. Bhattacharya said.
“Apart from the people, the bold decision of the Chief Ministers of the northeast, barring Assam and Tripura, to
go against their own party or ally made the BJP back off. The Chief Minister of Meghalaya deserves our gratitude
for this day,” RTI activist and peasants’ leader Akhil Gogoi said.
The Asom Gana Parishad (AGP), which had severed its ties with the BJP and pulled out its support to the
Sonowal government after the Bill was introduced in the Lok Sabha last month, said the people of the northeast
showed how powerful they can be when united. “The BJP will think twice before trying to impose the Bill later,”
party president Atul Bora said.

‘Bill virtually shelved’

AGP leader Manoj Saikia said the party would discuss renewing ties with the BJP since the Bill has been
“virtually shelved”.
The Assam unit of the Congress, which had conceived the Bill in a “more secular” form less than a decade ago,
celebrated the “victory of the people” by distributing sweets. Party veteran and former Chief Minister Tarun
Gogoi said people of the northeast thwarted the BJP despite Assam Chief Minister Sarbananda Sonowal and
Finance Minister Himanta Biswa Sarma “trying their best to destroy the State” by endorsing the Bill.
However, Mr. Sarma said failure to get the Bill passed in the future will be a defeat for Assam. “We will try to
push it in the Rajya Sabha as and when we have the numbers there. We brought the Bill to prevent 17 of Assam’s
33 districts becoming a Bangladeshi Muslim majority State by 2021. The Bill is our commitment and it will
remain so during the Lok Sabha elections,” he said.

Consensus approach or retreat?

Manipur Chief Minister Nongthombam Biren Singh, thanked Prime Minister Narendra Modi and BJP president
Amit Shah for not tabling the Bill and opting for a “consensus-driven approach”.
He tweeted: “I sincerely appreciate and congratulate the people of Manipur and NE in general for winning on
CAB (Citizenship (Amendment) Bill). The efforts of students, meira paibis (women’s groups), NGOs and
different political parties of the State were remarkable. Because of your genuine demands, the Central
government has reviewed CAB.”

Case Study 106: Bill in Rajya Sabha on registering NRI marriages within 30 days
“It is necessary that the marriage solemnised or otherwise in India or outside India shall be registered within a
period of 30 days from the date of marriage,” the Bill’s objectives state.
External Affairs Minister Sushma Swaraj on Monday introduced the Registration of Marriage of Non-Resident
Indians Bill in the Rajya Sabha, which seeks to provide safeguards to Indian women who are trapped in
“fraudulent” marriages with NRIs. “It is necessary that the marriage solemnised or otherwise in India or outside
India shall be registered within a period of 30 days from the date of marriage,” the Bill’s objectives state. “It has
been decided to bring in a legislation to provide for compulsory registration of marriage for better enforcement of
rights of the deserted spouses under various family laws,” it says. The Bill also seeks to amend the Passport Act,
1967 and the Code of Criminal Procedure, 1973. The proposed amendment to the Passport Act, 1967 would
empower the passport authorities to impound or cause to be impounded or revoke a passport or travel document
of an NRI, if it is brought to his notice that the person has not registered his marriage within a period of 30 days
from the date of marriage.

Case Study 107: National action plan for free treatment of hepatitis patients launched
Envisages model treatment centres in all States in the first year
Patients infected with hepatitis B and C virus, will soon be able to avail free treatment. Eight model treatment
centres in Maharashtra, including the Sion Hospital, Mumbai, will roll out free treatment for hepatitis C from
March while that for hepatitis B will be rolled out from July.
Viral hepatitis is a global public health problem that kills nearly 2.72 lakh people annually. It is an inflammatory
condition of the liver caused by five known hepatitis viruses — A, B,C,D and E. Of these, B and C are known to
cause 96% mortality. Vikas Sheel, joint secretary, Ministry of Health and Family Welfare, said on Sunday at the
launch of the national action plan, that operational guidelines for hepatitis C were formed last year. “We have
now released the guidelines for hepatitis B,” he said adding that the comprehensive action plan will focus on
curbing mother-to-child transmission by improving the coverage of hepatitis B injection given at birth. While
hepatitis B requires life-long treatment which costs around 2,500 per month, hepatitis C requires a 84-day long
course costing nearly 40,000. “The government has however, managed to procure this course for around 2,200
which is a big development,” said Dr. Aakash Shukla, head of gastroenterology department, Sion Hospital.
Hepatitis B and C are transmitted by unsafe injection practices, infected blood and blood products, sexual
transmission and from mother to child. The infections can progress to cirrhosis and liver cancers.
According to the action plan, one model hepatitis treatment centre will be established in each State in a
government institution in the first year. While the number of model centres will be increased gradually, by the
end of the second year, efforts will be made to establish one such centre at district level. Setting up a national
reference laboratory and State-level reference laboratories is also under planning.
Case Study 108: Congress to bank on citizenship Bill to stop BJP in Northeast
Amit Shah has said that his party would bring the Bill again if voted to power
The Congress would be banking on the sentiment against the Citizenship (Amendment) Bill, 2016 to stop the BJP
from winning the 25 Lok Sabha seats across the eight States in the Northeast.
On February 17, less than a week after the Congress claimed to have stalled the Bill from being tabled in the
Rajya Sabha, BJP president Amit Shah said that his party would bring it again if voted to power in the upcoming
parliamentary polls.
“Only through manipulation can the BJP hope to win 21 out of 25 seats in the region. The Congress is the only
hope for the people of the Northeast against the BJP’s plan that will be disastrous for their culture, identity and
tradition,” Luizinho Faleiro, Congress general secretary in-charge of Meghalaya, Tripura, Arunachal Pradesh and
Mizoram, told media persons on Wednesday.
Unemployment crisis
Apart from the Bill, the Congress would also focus on the unemployment crisis in the region as well as the rest of
the country.
Mr. Faleiro ribbed the regional parties that are partners of BJP in the North East Democratic Platform, an anti-
Congress forum otherwise labelled as a platform for developmental issues.
“The NEDA members cannot fool the people of the Northeast with their opportunist politics. If they had any
values left and if they were truly concerned about the cause of the people of the region, they would have resigned
the very day Amit Shah announced that the BJP would bring back the Citizenship Bill if voted to power,” Mr.
Faleiro said.
NEDA members such as National People’s Party had threatened to pull out of the forum as well as sever political
ties with the BJP if it went ahead with the citizenship Bill. The Congress has eight Lok Sabha members form the
Northeast, three from Assam which has a total 14 constituencies. The BJP too has eight seats while its NEDA
partners have three. The other seats are held by All India United Democratic Front, the CPI(M) and an
Independent.

Case Study 109: Panel announced to study Dhangar issue

The Dhangars are currently included in the Vimukt Jati Nomadic Tribe (VJNT) category, but they have been
demanding ST status for long.To pacify the Dhangar community which is demanding scheduled tribe (ST) status,
the Bharitiya Janata Party (BJP)-led state government may announce some additional benefits ahead of the
forthcoming Lok Sabha (LS) polls.The Dhangars are currently included in the Vimukt Jati Nomadic Tribe
(VJNT) category, but they have been demanding ST status for long.
According to sources, the Dhangar community cannot get ST status till the Centre gives its consent to the same.
However, the Centre is not likely to give its nod as the Tata Institute of Social Sciences (TISS) has also opined
that the Dhangars cannot be given ST category status.
The Dhangars constitute 9 per cent of the state population and their ire for not getting ST status is likely to harm
the BJP in the LS polls. Hence, on the lines of the Maratha community, the state government has decided to
provide additional benefits to the Dhangars till they avail ST status.
Against this backdrop, chief minister Devendra Fadnavis on Friday announced the formation of a cabinet sub-
committee to study the TISS report and decide on various issues of the Dhangar community in view of the report.

Case Study 110: Manipur ‘considering’ ST status for Meiteis

CM tells Opposition in Assembly
Manipur Chief Minister N. Biren Singh told the Assembly on Monday that the BJP-led coalition government will
give “positive consideration” to the demand for the inclusion of Meiteis, a non-tribal indigenous community, in
the Scheduled Tribes list.
Replying to a calling attention motion by K. Meghachandra of the Congress, Mr. Singh said there are some issues
over the demand and the government is merely seeking time to discuss them minutely.
The Scheduled Tribe Demand Committee has been resorting to various forms of agitations in the State,
demanding ST status for the Meiteis. On Sunday it organised a massive protest rally in Imphal and later a public
meeting on the issue. The meeting took three resolutions — the government should send a recommendation to the
Centre favouring the inclusion of the Meiteis in the ST list by March 6; candidates in the LS polls from the two
seats in the State should support the demand; and people shall not vote for those who do not support this demand.

Case Study 111:Who are Dhangars, why demand for ST status is a challenge for Maharashtra
Dhangars are currently on the list of Vimukta Jati and Nomadic Tribes (VJNT) in Maharashtra. However, they
have been demanding Scheduled Tribe (ST) status for the past several decades.As Maharashtra grapples with the
Maratha agitation for quotas in jobs and education that flared up again Monday, the state Dhangar Welfare
Association has convened a meeting Tuesday to discuss street protests of its own to press the community’s
demands.
The community:The Dhangars are a shepherd community who live mostly in Western Maharashtra and
Marathwada, and make up about a crore of Maharashtra’s roughly 11.25 crore population (9%). They play a key
role in election outcomes at four (Baramati, Madha, Solapur, Satara) of the state’s 48 Lok Sabha seats, and 30-35
of the 288 Assembly seats.
Their demand: Dhangars are currently on the list of Vimukta Jati and Nomadic Tribes (VJNT) in Maharashtra.
However, they have been demanding Scheduled Tribe (ST) status for the past several decades. Leaders of the
community claim Dhangars in Maharashtra are the same as those who are called “Dhangad” elsewhere in the
country, and are listed as a Scheduled Tribe. A typographical error had led to the community’s name being
recorded as “Dhangar”, thereby denying them the benefits available to the ST “Dhangads”, they say.
Of the 52% reservation in Maharashtra, SCs and STs have 13% and 7% respectively, OBCs have 19%, and the
Vimukta Jati/Denotified Tribes, Special Backward Class, and Nomadic Tribes together have 13%. Dhangars are a
‘Nomadic Tribe’.
Government stand: Ahead of the Lok Sabha and Assembly elections of 2014, the BJP had promised the Dhangars
ST status. At the end of 2015, the state asked the Tata Institute of Social Sciences (TISS) to establish whether
Dhangars met the criteria to be identified as ST. In effect, this meant establishing whether Dhangars were the
same as Dhangads, so as to guard against any future legal challenge to Dhangars being moved from VJNT to ST.
Chief Minister Devendra Fadnavis has said the study is in an “advanced” stage, and reiterated the government’s
commitment to Dhangars.
The agitation: Mahadeo Jankar, chief of the Rashtriya Samaj Paksha (RSP), is the most prominent Dhangar leader
in the state. Despite the RSP not winning a single seat in either Lok Sabha or the Assembly, Jankar was made an
MLC and given the plum portfolio of diary development and animal husbandry with cabinet rank in the Fadnavis
government. While Jankar has refrained from threatening to escalate the protest, BJP Rajya Sabha member Dr
Vikas Mahatme has called for a street agitation. The Maharashtra State Dhangar Welfare Association, which
meets Tuesday to chalk out a plan, is led by Prakash Shendge.
The politics: Over the past two decades, almost all parties including the Congress, NCP, and BJP have supported
the inclusion of Dhangars in the ST category. Every political party, however, has found itself facing the prospect
of dealing with STs who are unwilling to allow the dilution of their quota by the inclusion of a large community
like the Dhangars. ST MPs and MLAs from all parties have said that Dhangars could be included only if the
overall ST quota is increased. The BJP’s decision to give Mahatme a Rajya Sabha seat was part of a political
move to send a signal to the Dhangars, besides an acknowledgment of his public service as an ophthalmologist.
However, dealing with a possible ST backlash remains the biggest challenge to its plan to give Dhangars ST
status.

Case Study 112: Tribal leaders oppose CM’s plan to support Dhangar case
‘Govt. avoiding longer route of getting permission from Tribal Advisory Council, Parliament’
Maharashtra Chief Minister Devendra Fadnavis’s announcement to extend support to the Dhangar community in
the ongoing court case on giving scheduled tribe (ST) status to Dhangars has not gone down well with the tribal
community and ST leaders from Opposition parties.
“We are not against extending economic benefits to the Dhangar community. The government must give them all
possible aid and we are happy for it. But they should not be included in the tribal sub-plan. Secondly, the CM’s
announcement to help the Dhangar community in the court case by filing an affidavit in the High Court to support
the claim that Dhangar and Dhangad is same, is highly problematic,” Sanjay Dabhade of the Adivasi Adhikar
Rashtriya Manch (AARM) said.
According to tribal leaders, the State government is claiming that Dhangad and Dhangar are the same to avoid the
longer procedure of including a new tribe in the ST category, which requires permission of the Tribal Advisory
Council and approval from Parliament. “If this gets accepted in the High Court, the route to include Dhangars in
the ST category will be simpler. However there are several reports in the past that Dhangars are not ST and we
will be opposing it,” he said.
Congress MLA K.C. Padvi from Nandurbar said that despite the Bharatiya Janata Party (BJP) having four MPs
and 12 MLAs from the ST community of Maharashtra, none of them have opposed the party’s move.
“It shows that the BJP has nothing to do with tribal rights. We are not against any community and support
financial benefits to them. But it should not be at the cost of tribals,” Mr. Padvi said.
The AARM is contemplating organising protests all over the State against the government’s plan to dilute tribal
rights.
Election promise
The ruling BJP in 2014 had promised the Dhangars that it would extend ST status to them in the first cabinet
meeting after coming to power. But there was no progress for four-and-a-half years. The State had asked the Tata
Institute of Social Sciences to look into the issue. The report has been submited to the government but has not
been made public.

Case Study 113: Maharashtra extends welfare schemes for STs to Dhangars
The Dhangar (shepherd) community in Maharashtra at present gets 3.5 per cent reservation under Nomadic Tribe
(D) category. The community is demanding 3.5 per cent reservation under ST category.The Maharashtra
government has decided to extend all the social welfare schemes availed by the Scheduled Tribe (ST) community
to the Dhangar community as well, for which separate financial provisions will be made. The decision was
announced by Chief Minister Devendra Fadnavis.At the Cabinet sub-committee meeting held in Mumbai on
Saturday to address the long-pending demand of the Dhangar community for quota under ST category, the state
government reiterated its commitment to move the proposal to the Centre after adequately addressing the legal
and constitutional norms.
Who are the Dhangars of Maharashtra, and why do they want ST status?
“The government has decided to hand over a report of the Tata Institute of Social Sciences (TISS) on the Dhangar
community to the Advocate General (AG) for further consultations and to determine the future course of action
pertaining to the reservation demand under ST category,” Fadnavis told mediapersons. The AG is being consulted
on the recommendation to be made to the Centre along with representation of the case before the Bombay High
Court, he added.
The Dhangar (shepherd) community in Maharashtra at present gets 3.5 per cent reservation under Nomadic Tribe
(D) category. The community is demanding 3.5 per cent reservation under ST category. However, any decision to
give reservation to the community under ST category lies in the Centre’s jurisdiction. The state government can
only move the proposal along with material to substantiate its case.
Till the time the Centre takes a decision on the demand, the state government has decided to extend all welfare
measures which are availed by the ST community to the Dhangar community immediately. This is a major
decision ahead of the Lok Sabha polls and is seen as a move to defuse the unrest among the community.
The Cabinet sub-committee feels the process of according reservation to the Dhangar community under ST
category will take its own time. But to ensure that the community doesn’t feel deprived when it comes to welfare
schemes, it has decided to accommodate its concerns. “The Dhangar community will be allowed to avail all
welfare schemes of the tribal welfare department. For this separate financial provisions will be made,” Fadnavis
said.
Saturday’s decision will pave the way for construction of ashramsalas (residential tribal schools) in vulnerable
areas identified by TISS for the Dhangar community. Besides, vacant seats in existing ashramsalas will be opened
for Dhangar students. These apart, hostels will be constructed across the state for the community and
accommodating Dhangar students in renowned schools will be made compulsory under the Right to Education
Act. Ahilyabai Holker Maha Mahamandal will be strengthened and its scope for skill training and self-financing
expanded for the benefit of the Dhangar community. Under housing for all, the state government has decided to
build 10,000 houses for the community, among other steps.

Case Study 114: Dhangars to get all sops meant for tribals
To quell the rising anger within the Dhangar (shepherd) community, the state government will extend all
schemes under the tribal development department to Dhangars before the elections and has made separate
financial provisions for the same. The state government also said that on the lines of ashram shalas (residential
schools), schools will be built in vulnerable areas and dedicated hostels constructed in each region of the state for
the Dhangar community. Dhangars currently have a 3.5% reservation under the nomadic tribes category, but have
been protesting to be included in the 'scheduled tribe' (ST) category. However, the Centre can decide whether or
not they can be included in that category, for which the state had appointed a committee to study their demand.
"The state provides pre-matric and post-matric scholarships to tribal students, in a similar manner we will provide
scholarships to Dhangars. We have tried to address all the issues that the Dhangar community's delegation has
come up to us with," Fadnavis said on Saturday after attending the first cabinet sub-committee meeting on the
issue. Also a scheme for admission to tribals in renowned schools will be made applicable to Dhangar students.
Purchase of farm land to landless Dhangars along the lines of ST and interest-free loans will be given Fadnavis
said.

Case Study 115: ST Commission head resigns

Government had given multiple extensions to the term of panel studying status of two communities
Chequered journey of ST Commission
The fate of the Commission of Inquiry for Scheduled Tribes has been left in limbo with the acceptance of the
resignation of its chairman S. Chellappa, a retired IAS officer, by Telangana government last week.
Going by number of extensions that the commission got since its constitution in March 2015, it was quite a
chequered journey for the three-member panel headed by Mr. Chellappa. The commission was supposed to
submit its report within six months when it was constituted but the term was extended in September 2015, March
2016 and September 2016.
When the term was over in January 2017, the government gave further extensions of one year each in 2017 and
2018. Incidentally, the last extension lapsed on January 31, 2019, when Mr. Chellappa quit office. No one is sure
about the fate of the commission whose terms of reference, among others, included inquiry into the socio-
economic status of Valmiki Boyas and Khaithi Lambadas to see if they qualified to be included in the list of STs
in Telangana.
Home front important for working president
TRS working president K.T. Rama Rao is a normal husband despite occupying a position that everyone envies,
and perhaps a doting one too like most husbands. When the ‘boss’ at home wants to speak to him he would rather
do it simply or else he too has to wait till she decides the time.
During the recent Assembly session, Mr. Rama Rao got a text message from his wife who wanted to speak to him
urgently. Since he was inside the Assembly he called her up only after coming to the TRSLP office. However, the
call was not taken.
An amused Mr. Rama Rao jocularly remarked: “My wife doesn’t seem to watch the Assembly proceedings.”
When a journalist remarked that may be she was busy, KTR said: “Or may be she feels I am jobless” as a couple
of people around him burst into laughter.
80 per cent are contract lecturers
The Intermediate exams which commenced on February 27 have an unusually high rate of contract lecturers
performing the duties.
The Intermediate Board had been engaging the services of contract lecturers for invigilation and valuation o f
answer scripts due to shortage of government junior lecturers. Their strength, however, did not exceed 50 % till
last year. This time, their strength swelled to 80 %. One might wonder why? After posting all the regular junior
lecturers on duties, the Board decided to meet the balance requirement with contract lecturers and teachers of
model schools in 60:40 ratio. Hence, the 3,800 contract lecturers in the State got the lion’s share.
TS methodology to be replicated in Jharkhand
The success of public distribution system of the State has become a role model for the country thanks to the
phone monitoring methodology adopted by the government to improve efficiency and check leakages.
A research team of the World Bank’s Strategic Impact Evaluation Fund has decided to help the Jharkhand
government in the application of the phone monitoring system for implementation of the Central Government’s
heavily subsidised wheat and rice distribution system there.
The researchers, according to a World Bank paper, are also in touch with the Central government to discuss about
introducing similar monitoring system for the programmes nationwide.

Case Study 116: Ordinance on teacher quota soon: Prakash Javadekar

With the Supreme Court rejecting the government’s review petition against department-wise reservation in
faculty positions last week, Javadekar assured that an ordinance to restore the 200-point roster would be brought
in “two days”.On a day that saw protests backed by tribal and Dalit rights outfits, HRD Minister Prakash
Javadekar on Tuesday reiterated the Union government’s commitment to the old formula for reservation in
teaching jobs in higher education.With the Supreme Court rejecting the government’s review petition against
department-wise reservation in faculty positions last week, Javadekar assured that an ordinance to restore the 200-
point roster would be brought in “two days”.Last week, the apex court upheld the Allahabad High Court judgment
favouring the 13-point roster for the third time. The HC had ruled that reservation in faculty positions in
universities should be calculated department-wise and not by taking the total seats in a university as the basis. The
judgment and subsequent UGC order of March 2018 implementing the verdict had irked political parties with a
substantial support base among SC/ST and OBC communities, because it results in limited seats available for
recruitment by each department under reserved categories.The political furore forced the government to give an
assurance on the floor of the House on February 8 that an ordinance would be brought to overturn the department-
wise reservation or 13-point roster should the SC reject its review petition. Javadekar’s statement in New Delhi
on Tuesday was a reiteration of this.
Shift would affect SC, ST, OBC representation
The switch from university-wise to department-wise reservation in faculty positions in universities and colleges is
expected to make a big dent in SC/ST and OBC representation among teachers. This is evident from the
projection made by the Union government in its review petition filed in the Supreme Court last month. If
reservation is implemented department-wise, the total posts across SCs, STs and OBCs in 21 central universities
will shrink from 2,663 to 1,241.“I had promised in the Lok Sabha and Rajya Sabha that if our review petition is
turned down, we will take whatever legal options are available to us,” he said, appealing to protesters to wait.
“You will get justice in two days, I can assure you that.”In Patna, Javadekar’s Cabinet colleague and LJP
president Ram Vilas Paswanalso tried to calm tempers, assuring that the Centre would bring an ordinance in
“two-three” days. He attributed the delay to the government being busy with recent developments post-Pulwama
attack.

Paswan told The Indian Express: “I am speaking on behalf of the Centre that an ordinance on 13-point roster
system would be brought in two-three days. There is no need for anyone to do politics on it.”The minister said
that since the court verdict had come, an ordinance would follow soon. “We want the 200-point roster system
back, as the new system would deny reservation to candidates of OBC, EBC and SC/ST. As the 13-point system
takes into account vacancies in colleges or faculty-wise, not university-wise, there would not be enough vacancies
in colleges to ensure previous 49.5 per cent reservation. Now that the Centre has brought 10 per cent EWS quota,
fairness would demand that reservation for OBC and SC/STs are protected by reverting to the 200-point roster
system. Asked if LJP needed to pass a resolution, like its NDA ally JD(U), to demand the ordinance, Paswan said:
“There is no need. We have been demanding it all along. I am saying on behalf of the Centre that the ordinance
will be brought in two-three days.”
Taking a dig at Opposition parties, Paswan said: “They are protesting and enforcing Bharat Bandh for no reason.
They should understand that legality was involved in bringing the ordinance. The Centre has gone step by step.
The ordinance will come through.” —With ENS, New Delhi

Case Study 117: HC asks state govt ‘If SEBC, OBC are one, what was the need to create
separate category for Maratha quota’
Responding to the court’s query, government counsel V A Thorat said that while SEBC and Other Backward
Class are one and same, the state government did not want to disturb the other class, as otherwise they “could
have broken each others head”. The Bombay High Court on Friday asked the state government to explain as to
why a separate Socially Educationally Backward Class (SEBC) was created for the Marathas, if SEBC and Other
Backward Class (OBC) categories were the same.A Division Bench of Justice Ranjit More and Justice Bharati H
Dangre told senior counsel V A Thorat, appearing for the state government, that they need an explanation as to
“what was the need to create another class when, according to the government, SEBC and OBC are one and
same?”
The Bench said the state could have included the Maratha community in the OBC and granted them 16 per cent
reservation. “Why segregate them and give them different class?”
Justice Dangre also said that while the Bench understood the contention of the state that if Marathas are put
together with OBC then it will lead to overcrowding, he asked “why (there was a need for) creating SEBC for the
first time, including Marathas, which you (the state government) did not bother to do for others”.
The High Court Bench was hearing the argument of the state government on the three petitions filed by advocates
Jaishri Patil, Sanjeet Shukla and Dr Uday Dhople along with others, challenging the notification published by the
Government of Maharashtra on November 30, 2018, to provide 16 per cent reservations to the Maratha
community in government jobs and educational institutions.
Responding to the court’s query, government counsel V A Thorat said that while SEBC and Other Backward
Class are one and same, the state government did not want to disturb the other class, as otherwise they “could
have broken each others head”.
He said that if the government would have included the Maratha community in the OBC category, then they
would have got full reservation, including the political reservation, while the agenda of the state was to give
reservation to Marathas only in government jobs and educational institutions.
Thorat said Articles 15 and 16 of the Indian Constitution and Supreme Court judgment in Indira Sawhney &
others Vs Union of India case gave the state government power to grant reservation.
In Indira Sawhney & others Vs Union of India case, it was had held that 50 per cent reservation ceiling cannot be
exceeded, except in exceptional cases like in extraordinary situations in far-flung and remote areas and if a special
case is made out.