Not paying any heed to the hostage crisis seriously blames the Maoist’s mediators by the Naveen Government

Not paying any heed to the hostage crisis seriously blames the Maoist’s mediators by the Naveen Government 30/03/2012

ODISHA NEWS/BHUBANESWAR:-

SIDDHARTHA SHANKAR MISHRA, BUREAU CHIEF, THESE DAYS, ODISHA



Maoist’s mediators allege Odisha Government not taking hostage crisis seriously. Charging the Government with not taking the issue seriously, Mohanty said, “The demands are the same. What we have sent to the Chief Minister on Tuesday were our views on the demands in writing, expecting a reply from the Government side also in writing so that there will be no space for the Government to backtrack at a later stage as it happened in the case of R Vineel Krishna’s release.”

Mohanty said now without going through the ‘views’ seriously, the Government has started interpreting it as additional demands.

He also was critical of the official negotiators coming to the negotiation table late. “The situation does not lead you anywhere,” he said, adding, “If the Government feels, it may table the demands in the House and get them analyzed there.”

Mohanty also alleged that the Government appears more concerned about release of the abducted BJD MLA than the Italian national.


Full text of Maoists negotiators proposals submitted to Odisha Government:

1. Tourism
1(a) Excise Policy: - The elected people’s representatives from Koraput in a memorandum dated 13.3.2012 submitted to Shri Naveen Patnaik, Chief Minister, highlighted the catastrophic impact of liquor on the community. The vicious impact of tourism in so pervasive that CPI (Maoist) placed this issue at the top of agenda dated 16.3.2012. It is surprising that no one even remembers that excise Policy was placed at the top of the agenda for elimination of exploitation by the State in the tribal areas.“A comprehensive excise policy was adopted by the GoI in 1974.


The policy envisaged (i) banning commercial vending of intoxicants in the tribal areas;/ (ii) allowing preparation of traditional brews for personal consumption, but not for sale ;/(iii)allowing sale of intoxicants in non tribal enclaves exclusively through government outlets; and/(iv) conceding community’s control on all excise matters”.

The policy was implemented by all States. The GoI did not concede any assistance for the loss of revenue to the States on the ground that there can be no compensation for cessation of exploitation. The States, however, did not transfer legal control in excise matter to the community as envisaged in the policy. This omission resulted in continued interference by excise officials and unconcern in the community. Drinking has become rampant as never before with disastrous consequences for the tribal people.


The situation did not improve even after the enactment of PESA which specifically envisages full control of Gram Sabha in all matters concerning preparation, storage and consumption of intoxicants. Madhya Pradesh has even amended its Excise Act. But the message about the community in the form of Gram Sabha having command over all excise matters has not percolated to the people. The liquor shops are tracts with no concern for the law and the excise policy. Nobody even remembers the very existence of such a policy.


This policy was adopted by concerned States including Odisha with Nandini Satapathi as CM. The plea of some states for compensating the lossaw of revenue was not accepted on the ground that then could be no compensation for exploitation.

While this policy was adopted at the national level, most of the states did not empower the Gram Sabhas to operational ise the policy. This omission was made good in Section 4m (i) of PESA. Nevertheless it is sad to note that the excise policy remained a dead letter and even forgotten by all concerned in the State and the central government. Excise policy must be implemented forthwith without wasting a single day, cancelling all licenses of liquor trade in the scheduled Areas.


2. I). Green Hunt: - the term ’Green Hunt’ has come into currency in respect of the areas where tribal territories are being captured by the State with use of forces. The hunting expedition in the era of ‘Gold rush’ in the United states were notorious for liquidating (Red) Indians under the banner that The only good Indian is a dead Indian. Theodore Roosevelt, the celebrated US President, in his speech of Hunting Trips of a Ranchman in January 1886 were unabashedly observed: “I suppose I should be ashamed to say that I take the Western view of the Indian. I don’t go so far as to think that the only good Indians are dead Indians, but I believe nine out of every ten are, and I shouldn’t like to inquire too closely into the case of the tenth. The most vicious cowboy has more moral principle than the average Indian.” Roosevelt made it clear in the Winning of the West that any excuse would suffice, as regards land: (i) if the Indians were nomadic, they didn’t own the land; (ii) if they were settled, they didn’t deserve the land; and (iii) if they signed treaties giving them legal ownership, the US had the right to abrogate the treaties whenever circumstances changed”.

Green Hunt in this frame cannot but be for capturing the resources in the extensive tribal areas under the shadow of ‘eminent domain’ of the State ignoring the ‘eminent domain’ of the tribal communities, that most of them enjoyed before the adoption of the Constitution in the excluded/partially excluded areas. These communities got disinheritated on November 26, 1949 when the laws of the land got automatically extended to the Scheduled Areas without the tribal people realizing the change. Even the President didn’t amend the relevant laws under article-372 of the Constitution. No Governor has so far used the powers under para5 the Fifth Schedule to remove this anomaly. The Union Govt. also kept quite in this regard.

It may be noted here that the rights of the tribal people in this sixth Schedule area are protected. Para4 (o) of the Fifth Schedule envisages that ‘the State Legislature shall endeavour to maintain the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district level in the Scheduled areas. No action has been taken by any state in this regard with the result that the tribal people are being disinheritated by the state from the extensive habitats, they had enjoyed until the adaption of the Constitution/ it is this anomaly that is responsible for use of force for capturing the tribal habitats by the States and the tribal people defending their territories. It was in this context that a demand was made for covering areas like Bastar under the Sixth Scheduled in 1992. It is distressing to note that the genuine demands of the tribal people have been ignored even after they have been conceded in law (PESA). The result is avoidable confrontation. The command of the tribal communities over their traditional habitats must be duly recognized. That alone will end the avoidable confrontation.

II) In the context of above situation the State must Stop all operation in name of Green Hunt forthwith.
3. Mass Organizations banned by Odisha Government should be lifted.


4-7-11. The list of persons claimed to be involved in a variety of criminal cases in Odisha
A. Cases against jailed persons given below to be withdrawn and freed.
1. Arati Majhi
2. Susil Sai
3. Asutosh Soren
4. Ranjit Sana
5. Rabi Dula
6. Gananath Patro
7. Suka Nachika and two tribal boys (in Berhampur jail)
8. Sudarshan Mondal
9. Arap Majhi
10. Adam Majhi
11. Patra Majhi
12. Ramesh Naik
13. Jonesh Pradhan
14. Manmohan Pradhan
15. Somanath Pradhan
16. Barsu Mallick
Fabricated Cases against the following persons should be withdrawn.
17. Pradeep Mallick
18. Pratap chinnara and others
B. Cases against rearrested and jailed persons to be withdrawn and freed.
1. Udaya
2. Somanath dandasen
3. Kamalkanta Sethi
4. Sujatha
5. Jacob Majhi
6. Subhasree Das
7. Arat Bhoi
8. Satya Narayan Bhoi
9. Kusha Bhoi
10. Garish
11. Nalani Biswal
12. B.C.Pradhan
13. Bimaleswar Bhoi
14. Debari Kondri


C. Cases against the tribal people of Kandhmal, Gajapati, Rayagada, Keonjhar, Sambalpur, Deogarh and Sundargarh Districts, jailed in the name of Maoist to be disposed speedly.


D. High Court had given the judgment in the case of Lalit Dehuri, Prdip Majhi, Junesh Badaraita, Katru Huika custodial death and fake encounter. Take immediate action against concerned officer who are involved in these crimes.
10. No Police Repression in Scheduled Areas: ‘PESA’ Gram Sabha is the heighest authority of governance according to para 4(d) thereof. All disputes must be resolved in the Gram Sabha according to the customs and traditions of the community. Even the police must be answerable to the Gram Sabha. Indiscriminate action by the police is, therefore, not in consonance with the spirit of PESA. Suitable rules must be made for creating a harmonious relation between Gram Sabha and the police. Any action by the police in general, except relating to heinous crime must be reported to gram sabha whose decision in terms of section 4(d) of PESA should be final. No indiscriminate action by the police is, therefore, permissible in the new frame.


13(3) Protection of tribal law while State Government has expressed its anxiety to protect tribal land, no concrete programme has come to the fore so far. There are two examples that can be emulated:-

1. Andhra Pradesh: A.P. took a bold lead to meet this challenge with the adoption of a radical regulation (popularly known as 1/70) for protection of tribal land. The Regulation prohibited any transfer of tribal land to a non-tribal. Moreover, the regulation made it obligatory for a non tribal, intending to sell his land, to sell the same to no one else but the member of a scheduled Tribe. This Regulation became a symbol of tribal identity and their mobilization in Andhra Pradesh.
2. Madhya Pradesh:

M.P (& Chhattisgarh) Land Revenue Code, 1959, has a special
provision 170-B for return of land….transferred by fraud. Accordingly
“If a Gram Sabha in the Scheduled Area referred to in clause (1) of Article 244 of the Constitution finds that any person, other than a member of an aboriginal tribe, is in possession of any land of a Bhumiswami belonging to an aboriginal tribe, without any lawful authority, it shall restore the possession of such land to that person to whom it originally belonged and if that person is dead to his legal heirs:

Provided that if the Gram sabha fails to restore the possession of such land, it shall refer the matter to the Sub Divisional Officer, who shall restore the possession of such land within three months from the date of receipt of the reference?”

13 (7-8) Cancellation of M.O.Us: -Item 7 & 8 of the agenda discussed with Maoist Interlocutors on 20.2.2011 demanded that all the MOUs signed with various MNCs should be cancelled. The Government nominees have not acted accordingly. They have referred to various laws of the state, adequate compensation and rehabilitation. Thus the issue of’ Cancellation of MOUs’ raised was in reality not considered. The real issue here is that of eminent domain of the community and not of the State. This point was discussed in detail by Bhuria Committee (1995) in respect of Part IX A of the Constitution. The Committee categorically recommended,

i. Setting up of industries in Scheduled Areas at random and without assessing their impact on tribal economy must stop forth with;
ii. The Government should identify potential industrial areas in advance, after the due process in which the people and the institutions should be able to participate meaningfully ensures that the community’s decision prevails and is final;

iii. No agricultural land or land used for common purposes should be allowed to be transferred or purchased in any way for setting up of an industry; and
iv. In all industrial enterprises set up in the Scheduled Areas, other than small ventures referred to earlier, the community should be deemed to be the owner with 50 percent share in its favor by virtue of it allowing the industry to use the local resources and getting established. The share holding of company/persons making financial investment should be limited to 26 percent.


According to the Judgment of the Supreme Court’ Samatha the Constitution intends that the land shall always remain with the tribals. Even the government land should increasingly get allotted to them individually and collectively through registered cooperative societies. Composed solely of tribals and would be managed by them along with the facilities provided to them by the Union of India, ‘spent through the appropriate State government as its instrumentalities of local body in a planned development so as to make them fit for self-government’.
The words ’peace and good government’ used in the Fifth Schedule require widest possible interpretations recognized and applied by this Court…
To conclude, Odisha has ignored the inherent right of the tribal over the resources in their habitat. The MOUs that are been entered are open violation of tribal people’s natural right over the reasoures.

We the undersigned trust that the Government of Odisha will consider all these proposals submitted by us favourably that will enable the tribal people to lead life with dignity and honour in their respective habitats with no transgression by any authority in any manner, what so ever. We are happy to note one of the Italian tourist Sri Claudio Colange has moved out with dignity, we trust that Sri Bosusco Paolo the other tourist will also move out with dignity.


Your sincerely,

Dr. B.D.Sharma

Dandapani Mohanty
State Guest House,Bhubaneswar
Dear Chief Minister, Dated: 27.03.2012
We the undersigned accepted the proposed meditation with regard to resolve the hostage management crises proposed by CPI (Maoist), Odisha State Organizing Committee and agreed to by the Government of Odisha. We have considered the demands of CPI (Maoist) in their letter dated 16th March 2012. We had three sittings for examining the various issues raised by them. However we had to stop the work in view of the developments in Koraput and Malkangiri on 24th March 2012. In the changed circumstances we suggested that negotiations be kept under suspension. We appealed to the Maoist to adopt benevolent humanitarian path and release three hostages. The examination of the issues was also taken up with effect from 26th March 2012. In the mean time one of the hostages Sri Claudio Colange was released and moved out with dignity.

The resumed discussion could not continue on the following days because of some other important matters. In this situation we looked into those areas in depth, where there were possible differences of opinion.


We are happy to place before you important issues for your consideration and appropriate action with regard to the complex situation. Those issues which were agreed to our discussion are not presented in this note.

Shri Naveen Patnaik jee With Best Regards,
Chief Minister, Odisha

Dr B.D.Sharma / Dandapani Mohanty
CC To;
Shri Sunil (CPI-Maoist)
With personal regards and requested to allow Sri Bosusco Paolo to move out with dignity.
Dr B.D.Sharma / Dandapani Mohanty
CC To;
Shri U.N.Behera
(Principal Seceratary,Home Department)
Shri P.K.Jena
(Principal Secretary,Panchayati Raj Department)
Shri S.K.Sarangi (Principal secretary,SC/ST)

Dr B.D.Sharma / Dandapani Mohanty


( INPUTS: SANGRAM KESARI PANDA, SENIOR CORRESPONDENT)