FRAKASH PATRA RATHAM: The sense of self-assertion that has been instilled into the Backwards and Scheduled Castes over the last few years- bringing about a profound change in North Indian politics now seems to be seeping into tribals also, with their recent two-day convention calling for a separate set of personal laws.
The striking feature of the convention, attended by scheduled tribes from Madhya Pradesh, Rajasthan, Gujarat Maharashtra, was the indication that prominent ST leaders feel they cannot assert themselves unless they pursue aggressive politics like the Dalits and other Backward. Castes.
But above all, the two-day convention, organized by the All India Adivasi Parishad and its Madhya Pradesh unit, and sponsored by the Congress Party, indicated that the ruling party would now concentrate on the tribal vote- bank.
The message of the convention, was loud and clear: the tribals would no longer hesitate to con- front the authorities to get their due share in all spheres. Among other things, the convention also demanded a guarantee others. Damor suggested A “tit for tat” approach was required, he told the audience.
The speakers harped on the need for a separate personal law for the Tribals. Bhuriya, who represents the Ratlam-Jhabua Lok Sabha seat, pointed out that it was customary for the Bhil boys to elope with their prospective life partners before marriage. However, it was an offence under the Indian Penal Code.
Yet another example related to inheritance. Among the tribals, the land was automatically bequeathed to the sons. Girls had no right for inheritance and, in the absence of a male heir, the property went to the deceased’s brother. However, Madhya Pradesh Government’s land laws did not recognize that. Non-recognition of the tribal laws had resulted in excessive litigation among the tribals which posed a serious threat to their culture.
Mr.Netam pointed out that no. community had given the women the right to chose their life partners. However, among the tribals marriage and divorce were governed by the “tu nahin, aur sahi” (if it is not you, someone else will do) principle.
“How are these laws inferior? others Damor suggested A “tit for tat” approach was required, he told the audience.
The speakers harped on the need for a separate personal law for the Tribals Bhuriya, who represents the Ratlam-Jhabua Lok Sabha seat pointed out that it was customary for the Bhil boys to elope with their prospective life partners be- fore marriage. However, it was an offence under the Indian Penal Code.
Yet another example related to inheritance. Among the tribals, the land was automatically bequeathed to the sons. Girls had no right for inheritance and, in the absence of a male heir, the property went to the deceased’s brother. However, the Madhya Pradesh Government’s land laws did not recognize that. Non-recognition of the tribal laws had resulted in excessive litigation among the tribals, which posed a serious threat to their culture.
Mr.Netam pointed out that no. community had given the women. the right to chose their life partners. However, among the tribals, marriage and divorce were governed by the “tu nahin, aur sahi” (if it is not you, someone else will do) principle.
“How are these laws inferior? Our customary laws have been formulated by our ancestors, keeping all social aspects in view,” he said and demanded that the Adivasai laws be codified and duly recognized.
“If there is a clash between the ordinary law enacted by the Government) and the tribal laws, the latter should prevail,” he remarked. “Where will we go now? We were driven from the plains to the forests and mountains. Now the Government is trying to displace us from there. We become victims when new projects- be it irrigation or mining are undertaken.” Netam emphasized that the tribals’ right to live in the forests should be recognized as inalien- able through a national resettlement policy. “We will not just accept money and settle some where. Our identity must remain intact,” he declared. Demanding that the tribal leaders should be given due representation in all political parties, speakers at the convention pointed out that no tribal leader had so far been included in the Union Cabinet Declaring that the tribal politicians: were often exploited by their political parties, the convention sought a fair share of public and party posts.
Article extracted from this publication >> May 13, 1994
