Monday, June 30, 2008

Effective use of Tribal Rights Act

Tribal Rights Act Implementation and other functional concerns where tribal communities are in minority

The Panchayats where there are mixed populations it is really going to be difficult and as always those who are more vocal will have access to resources.

The way we have looked at the act is that right form its inception it has been turned twisted and tilted in many of its draft in various camps. And we all know this. But what is persistent about all the legislations is that the Rules are never in tandem with the spirit of the Act which keeps being interpreted in most exploitative manner as per convince.

(Disgrace) If you read today’s (27th February 08) Indian express India gives away approx 1400 seeds to the Norway based international gene pool and also the way NGOs have been involved to feed into the national gene pool with out looking at the flaws of the Biodiversity Act specifically in context of IPR of the communities.

The Act only as per me will benefit and will be used in most just manner in the area where the tribal population is 90-100 % we are involved in quite a few of such areas where there have been Acquisitions done in past without following proper procedures. Leading to whole lot of confusion between the PESA and the Acquisition Act, there I feel we can use it interestingly.

But the kind of hurry they are showing for declaration of inviolate areas is something, to be well looked into.

Also there are many people working on right to food wanting to legitimise number of encroachments, where is that we are going to decide to stop. Are we looking forward for a world where there be no diversity are we all wanting to see every one cultivating without understanding the complexities of the various \Neo – farmers, the production and the knowledge issues faced by these people. .

And on top of everything tribes like Chenchus even if we do not like the terminology- the PTGs of India specifically some of them who are really docile have their own group of issues. Though the Act briefly talks about special protection of their rights the rules does not provide much help.

I do not want to sound Pessimistic but can we expect those who want to rush into 'innovative ' and 'my discovery' ideas to really examine them with the communities who will finally have to bare the implications of what we do.

All does not end here I would like to say more just some time constrain but this dialogue should be on to debate out the growing cob-webs in the mind.