The Supreme Court on May 7 ruled that natural resources were national assets that belonged to the people and were ideally exploited by public sector undertakings. This obviously implies that local communities, including tribals, living on mineralised land, enjoy entitlements but not prescriptive ownership rights to such national assets. This is an important reiterative clarification defining mineral rights in Fifth Schedule areas that are currently in contention. Whether PSUs should...
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Missing the woods, the trees by Mani Shankar Aiyar
The government has a panoply of legislative measures that can counter Maoists more than strengthening security measures against the ‘criminals’. Principal among these is the provision in paragraph 3 of Part A of the Fifth Schedule of the Constitution which vests in the Centre the right to ‘issue directions’ to states with regard to administration in the Maoist-affected tribal areas. Invoking this provision becomes imperative in light of the failure of...
More »PESA: Government's sheathed weapon
In the least remarked upon move by the government to take on the development challenge in left-wing extremist (LWE) areas, Sudha Pillai was elevated to member-secretary of the Planning Commission on the eve of her retirement from the IAS. A topper in her batch, Sudha was initially posted to her home state of Punjab and then moved to Kerala after her marriage to her batchmate, present home secretary Gopal Pillai....
More »Stop Operation Green Hunt, Start Dialogue with the Local People
Interim Observations of the Jury of Independent People’s Tribunal on Land Acquisition, Resource Grab and Operation Green Hunt The Independent People’s Tribunal on Land Acquisition, Resource Grab and Operation Green Hunt (organised by a collective of civil society groups, social movements, activists, academics and concerned citizens) was held in New Delhi from April 9 to 11, 2010. Its jury comprised retired Supreme Court judge Justice P.B. Sawant, retired Bombay High Court...
More »'For tribals, development means exploitation' by Jyoti Punwani
BD Sharma is one of India's foremost experts on tribal issues. He has served as collector of undivided Bastar district in Chhattisgarh and commissioner for scheduled castes and scheduled tribes and has campaigned extensively to protect the rights of tribals. Currently, the coordinator of Bharat Jan Andolan, a network of grass-roots organisations, Sharma tells that current notions of development are at the root of the Maoist insurgency: What has changed...
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