Of forest dwellers, voters and elections

This Piece came in 'Meri News' on 24th April 2009
http://www.merinews.com/catFull.jsp?articleID=15766595

and in Orissa Diary on 20th April 2009
http://www.orissadiary.com/ShowOriyaColumn.asp?id=12215


Of forest dwellers, voters and elections
By Pradeep Baisakh

This time around the forest dwelling communities are keenly watching the performance of ruling and the opposition parties on the Forest Right Act, which aims to recognise tribals' and other forest dwellers' right over forest land and resources..

IN THE midst of the general and Assembly elections, various political parties are busy making tall claims on what they have done and would do in future for the poor. This time around the forest dwelling communities are keenly watching the performance of the ruling and the opposition parties on the Forest Right Act (FRA), the law that aims to recognise tribals’ and other forest dwellers’ right over forest land and resources.

Orissa is among the forerunners along with some other states like Andhra Pradesh, Chhattisgarh and West Bengal in reaching the full potential of receiving the claims under Forest Rights Law, claims the recent status report provided by the Ministry of Tribal Affairs, government of India. Till the period ending February 28, 2009, a total number of claims filed in the state at the Gram Sabha level is 2, 91,524 out of which 2, 71,352 are of individual claims and 20,172 are community claims, states the report on the achievements of BJD government in Orissa led by ‘the most popular CM’ Naveen Patnaik (Courtesy: India Today). Till only recently it was a BJD and BJP coalition government. (BJP withdrew its support from the coalition government on March 7, 2009)

A research angle to the issue suggests that the state government’s score on FRA is not very high. According to the Planning Commission’s statistics, the number of people who are critically dependent on forest in the state is above one crore. Accepting the census standard of the size of a family (five people constitute a family), the number of potential families to reap individual benefits from the law is 20 lakhs. These include both the tribals and the other traditional forest dwellers. So, the submission of 2.71 lakh individual claims against the potential 20 lakh families does not leave much room for celebration, though comparatively Orissa has done better than many other states. Moreover, out of these many claims filed, only about 22,000 individual claims have been finally approved by DLC till the reported period.

Ground realities suggest that the rejection rate of the claims is very high. For example, in Sagada GP under Bhawanipatna block of Kalahandi district, out of 26 villages the verification in nine villages was complete by the Sub Divisional Committee (SDLC) by end of December 2008. Out of 196 claims received, the SDLC has rejected 144 claims. “Basing on the status of the implementation of the law in 2700 villages from 10 districts of the state that we are tracking, the percentage of rejection is as high as 60 percent” informs Tushar Dash, a researcher. If this data is extrapolated to the whole state, the households to be benefited after completion of the process are 1.08 lakh, which is a meagre 5.4 per cent of the total potential beneficiaries!

First big problem with the implementation of the law in the state is non recognition of the rights of the Other Traditional Forest Dwellers (OTFD) during joint verification done by SDLC. Three generation issue has come up as a major bottleneck at the SDLC and DLC level. So the claims of this category are rejected. In Sagada GP all such claims filed by the OTFD, which were verified by the SDLC, have been rejected.

In some cases, the people have ignorantly filed claims over revenue land assuming them as forest lands, which are being rejected by SDLC as they would not be acceptable under this law. But the officials are responsible for this ignorance of people. Dash says “In 1980s, during ‘hal’ settlement many of the forest areas were transferred to different kisam of revenue and other (non-forest) land. However, revenue and forest officials kept the people ignorant about this and continued to extort them.” The case of Ramesh Maji of Sagada GP is an instance to cite.

According to Forest Survey of India report 1999, out of total 46,989 villages in the state, about 29,300 villages are located adjacent to the recorded forest areas, which include the villages inside the forest. If it is assumed that at least one community claim should comes from these villages, the performance of the government seems to be quite good as such claims filed at Gram Sabha level is more than 20,000. But, the concern remains about the minuscule number of such claims approved by the District Level Committee (DLC) which is only 27 till the reported period.

The government deserves a pat on its back on some of the progressive steps taken by it eg it identified the ‘village’ as the ideal unit for formation of FRCs and holding Gram Sabhas as against the Gram Panchayat approach in many states like Madhya Pradesh and Gujarat; it has empowered the Gram Sabha to issue caste certificates; it has directed the collectors to take special effort to sensitise people to file more community rights claims; and it has specially directed not to neglect the un-surveyed forest villages in the process.

But problem still lies which the government cannot wash away. Most of the forest land in the State is un-surveyed and detailed maps/records are not available.

The claims preferred by the communities living inside the protected areas are not verified by the technical committees appointed by the SDLC. The problem is more acute in tiger reserves of the state like Satkosia, Sunabeda and Simlipal. The government is also criticised by the activists for its lackadaisical approach in the High Court in fighting the case filed by the retired forest officials against FRA, for which the disbursement of the entitlements has been withheld.

The main opposition party in the state, Congress has not done enough toward the cause of the forest dwellers. In the current Assembly, it has not raised this issue with any seriousness inside the Assembly and failed to pressurise the ruling dispensation to deliver on FRA outside the Assembly also.

The election results will show on how far people were satisfied with the performance of these parties toward FRA, namely, BJD, Congress and BJP who are the major three players in the state.

Orissa government: Has it done enough for the poor?

This piece came in "merinews" on 18th April 2009

http://www.merinews.com/catFull.jsp?articleID=15766246

Orissa government: Has it done enough for the poor?

By Pradeep Baisakh

The Orissa government has not delivered on NREGS and therefore the ruling party lacks the moral right to ask for votes from rural labourers. It has faltered in terms of providing work and wages to the workers in time.

HAS THE Biju Janata Dal (BJD) government of Orissa led by Chief Minister Naveen Patnaik, who is now the most popular Chief Minister of the country according to an ‘India Today’ survey, done enough for the poor labourers in the rural patches of the state by way of delivering on NREGS to plead for their votes in the ensuing general and assembly elections?

If you roam around several villages in Lamtaput, Nandpur and Machhkund blocks of Koraput district, you will find people just loitering around and wasting their time. When asked “why are you wasting your time? Do not you have any work available in your village?” The answer you get is a big ‘No’. In several villages like Enugu, Logum, Litiput among others no work under NREGS is available during this lean agricultural season forcing people to migrate or simply stay in the village and do nothing. Recently, thirteen 13 Logum village migrated to do work on railway tracks in Secunderabad.

Collector Gadadhar Parida (recently transferred elsewhere) says “As many as five out of 14 blocks of Koraput have no regular BDO. In Lamtaput post office, there are no additional staffs to open passbooks of people for making NREGS related payments.”

After repeatedly asking, Parida with reluctance admits that the block and panchayat level officials are not showing much interest to take up NREGS work after introduction of the bank payment system. It may be noted that the bank payment system under NREGS has almost checked the prevailing PC (percentage cuts) culture (where a fixed percentage of the welfare expenditure is siphoned of by the officials involved in the implementation) existing in the panchayat and block levels. Therefore it obvious that the officials at these levels are demotivated! During the survey on NREGS conducted in Orissa in October 2007 by G B Pant Institute, Allahabad, it was revealed that as much as 22 percent of the money goes as percentage cuts to the JE, BDO, Sarpanch, VLW, computer operator at the block level and others apart from the percentage that the contractor keeps for himself. The Collector laments “currently we are in a state of under utilisation of funds under NREGS”

Very poor performance in comparison to other states:

In several such districts of the state like Bolangir, Nuapada, Malkanagiri, Nawrangpur, Sundergarh, Ganjam etc where migration is rampant, NREGS has effectively failed check this trend. According to official figures, in the last financial year (2008-09) the total number of house hold provided jobs are meagre 9.4 lakhs as against about 51 lakhs job card holders in the state. Admittedly, all these card holders did not apply for work so not qualified to get job, the plea the government officials generally take- but people not applying for work does not qualify the perception that they are not needy but they are unaware about the demand driven character of NREGS. And the onus to generate awareness lies on the state. A inter state comparison till 5th March 2009, reveals that Orissa has been able to spend only 48.7 per cent to the total allocated fund whereas states like Bihar has done 63 per cent, Chhatisgarh 76 per cent and Jharkhand 63 per cent. Total percentage of work completed by this date is: Bihar-47 per cent, Chhatisgarh-51 per cent and Jharkhand-32 per cent and Orissa-a meagre 6.49 per cent!

Political and administrative will is lacking:

There have also been continuous complaints from different parts of the state about not providing work despite applications. In January, 2008 about 110 job card holders from Hanumal and Hantalput villages of Koraput district reportedly staged a dharana in front of the block office to demand payment of unemployment allowances as they were not provided work in time even after application for the same.

Complaints have also come about non payment and about in surmountable delay in payment of wages under NREGS to the workers. According to reports by the grass root activists, labourers of Hatipokna and other villages under Tentulikhunti block of Navrangpur district did not receive wages for more than five months till February 2009. Provision of compulsory payment of wages through banks and post offices has aggravated the already worsening condition of irregular payment. Though the bank payment system works well in Andhra Pradesh, in Orissa due to involvement of lengthy and cumbersome procedure and due to lack of any serious attempt by the government to streamline the transaction system, the statutory provision of wage payment within 15 days has been being unceremoniously flouted.

The grievance redressal system in the state is in complete disarray. Complaints of the workers lie unattended by the responsible officials at the block, district and state level for months together. A visiting delegation of Central Employment Guarantee Council (CEGC) in November 2007 submitted 20 complaints to the Commissioner-cum-Secretary, Panchayati Raj department of the state. They are yet to be heard.

If this is the situation at the state level, it can well be imagined what the situation would be at the block and district levels. All these have accumulated to create a situation where people have started losing faith on the efficacy of NREGA to address their work need and poverty by consequence. Though distress migration is characterised by inhuman working condition and various forms of exploitation-physical, mental and sexual, with the political and administrative class taking no interest on delivery of NREGA, the people of the state have no option but to go for it.

With this dismal show on providing guaranteed employment to the rural mass, does the government command any moral right to ask for votes from the rural labourers? The government may not actually need to bother much as Umi Daniel of Action Aid puts it “About two lakh migrant workers from western Orissa and more than four lakh from Ganjam district will be completely away from the election in the state!” Yahan honge tabhi to hamare khilap vote de payenge!

Disabled or differently abled?

This piece came in the 'grassroots'-the old and famous development journal in April 2009 issue
http://pressinstitute.org/scripts/grassroots_index_popup.asp?id=352
Disabled or differently-abled?

By : Pradeep Baisakh
Orissa
Twenty six-year-old Buddhadev Nayak from Rangamatia village in Mayurbjanj district of Orissa suffers from muscular dystrophy. Muscular dystrophy is a muscular disease by which the body muscles get weaker with each passing day, making the person unable to move his body parts. By implication, he gradually enters into a state of physical handicap. It started at the age of ten when he found that he was not fit enough to go out with his school friends to run and play. Belonging to a poor family, Buddhadev could not do much for the treatment of the disease. (Muscular dystrophy has no such effective treatment in medical science). Despite the disease he somehow managed passing matriculation. But as he was growing weaker and weaker, his movements were shrinking and he was ostracized from his family and society, who treated him as a liability. He started using a tricycle for movement as his legs stopped functioning. The sense of helplessness also grew in him and he treated himself as really ‘disabled.”

One day, he came in touch with the social workers of Sadhana, a local NGO who works for differently-abled people. With the inspiration and support from them, Buddhadev took the initiative to contact differently-abled people from the area with the objective to form a self help group (SHG). Eventually a group of twelve people of different forms of disability was formed in the name of “Sampark Bhinnakshama Swamshayak Sangha” (Sampark differently-abled self help group) in March 2006. A senior lady Nishamani Nayak was made the president of the group and Buddhadev the secretary. Each member started contributing a sum of ten rupees a month to the group bank account and decided to meet at least once a month in the group. Their individual level of helplessness, the agony of being disabled and being a liability to the family, added by the experience of being ‘looked down upon’ by the society was overcome by the group solidarity and group bondage. Emboldened by the group strength and some savings in hand, the group members decided to start some small business and inch towards financial self sustainability. At the group level they started with Mahula business, and at individual level, the members stitched ‘sal leaves’, made brooms of ‘Sabai grass’ and sale.

Starting from here, there is no looking back for them. Now, with the recommendation of the block, Buddhadev has got a personal loan of Rs. 25,000 to start a grocery shop. Elated with the change in his life, Buddhadev says “I was quite depressed without seeing a purpose in my life. The idea of forming a group gave me hope and confidence and now I own a shop for supporting myself and my family.”

Forum for emotion sharing

The members of Sampark SHG started with sitting once in a month for the group meeting. But gradually, the frequency of meetings increased, and it became a practice for all the members to sit every evening in the house of President Nishamani. What is the purpose of having daily meetings? Nishmani answers, “We speak about our problems; we share our agonies and happiness amongst ourselves. Who else is there near whom we can share our emotions? The belongingness and fellow feelings has brought us closer to each other.” Another member of the group adds, “We just like to sit with each other.” They just do not waste time in gossips in every evening. They do their regular work like stitching leaves etc and discuss about their problems and same of their villages and plan their future course of action. They are now regularly participating in the Palli Sabha and Gram Sabha meetings.

Example Setters

Buddhadev and his fellow members in Sampark SHG are no longer the persons to be looked down with pity; rather they are example setters for others. They started tracing similar differently abled people in other villages and persuaded them to form groups. With their effort, three such groups have been formed in Biridi, Badsole and another village of Badjod GP. And all these four SHGs have federated themselves at the GP level in name of Pragati, Badjod, Their success encouraged similar people from other GPs of the block to form and federate SHGs. A larger federation of these SHGs have been clinched in Baripada block. Such federations conduct regular interface with the administration to demand their entitlements as a matter of right, not just as charity. They also have connected themselves with the state level network of differently-abled people.

They have immensely contributed to the lives of people in the village. They persuaded the family members of Sivani Behera, a speech and hearing impaired female child to send the child to school. Similarly, they negotiated with the local school teachers and got many such children admitted into schools. They helped many potential beneficiaries to take advantage of the ‘Single Window Provision’, known as ‘Windows of Hope; for differently-abled people started in the district for providing disability certificates, bus passes, I cards, aids and alliances, etc. The single window system was initiated by the then Collector Karitikeyan Pandian for which he received several at the state and national levels.
Satisfied with their efforts and performance, the villagers wrote to the BDO to provide Sampark the PDS dealership of the Panchayat.

The attitude of the administration
Despite strenuous efforts, all is not turning well, particularly the attitude of the administration and the society in general to them. Narrating the difficulties faced by such groups of people, Ranjit Mahapatra of Sadhana says “Though the Orissa government has provisions for formation of SHGs of differently-abled people under ‘Mission Kshamata’ in reality, they do not recognise the groups so formed. As result of which such SHGs are not getting any loans from banks for undertaking entrepreneurial activities.” While we are considering the differently-abled people as the criteria for defining ‘homogeneity’, they still apply the gender definition to it. In the case of this category of people, forming groups in line of gender is neither desirable nor feasible,” he adds. The PDS dealership application by Sampark SHG was rejected on ground of non-homogeneity as both male and female members are present in it. These people are also not provided work under NREGS in the area despite the provisions of the law to give them work according to their ability. Unfortunately, there disability is viewed first by the implementing authorities before their ability is judged.