Jarawa Tribes (Right Issues)

Who are the Jawaras?

• They are tribal people living in the South Andaman islands. (approx. just 400 of them left)
• Anthropologists believe that Jarawa are descendants of first humans that move out from Africa to Asia.

What is Andaman Trunk Road (ATR)?

• Government of India started construction of Andaman Trunk road in the 80s.
• This road connects North Andaman – Middle Andaman — Port Blair (Capital in southern most part).
• Jarawa tribes mostly live in the jungles on the western side of this road. (see the map).
• After construction of the road, tourism started flourishing and this bought outsiders (guides, tourists) in contact with Jarawa tribes.

Human Safari?

• Unfortunately, Andaman tour operators have been running what is termed as “Human Safari”
• Meaning, they take a bus full of tourists on the Andaman Trunk road. The guide will bring Jarawa tribals from the surrounding villages, make them dance in front of tourists and offer them food as “payment”.
• Human rights activists have been demanding that Road must be shut down.

Shut the road

• Barely 400 Jarawas left. The road brings the general tourist population into unwanted contact with the Jarawa every day.
• This has resulted in the Jarawa being exposed to diseases against which they have no natural protection: e.g.measles and mumps.
• The increasing trade and tourism in the area is endangering their traditional skills. For example, some of the jarawas do not know how to make a fire without a matchstick.
• Jarawas have picked up the the vices of the outsiders: tobacco, gutka, Zarda, bidi and alcohol.
• Bo people= Another tribe in Andaman Nicobar. Its last member died in 2010. Do we want same thing to happen to Jarawa?
• Do we want these people to live rest of their lives as primitive hunters and gatherers? 
• Because of above reasons, Jarawas must not be allowed to mingle with outside world.

Don’t shut the road

• Road is needed to carry essential food and supplies for both Jarawa and the settlers living outside Jarawa reserves.
• If the road is shut down, the tourists cannot visit limestone caves and mud volcanos. So ultimately tourism industry will collapse.
• It is their free will.
• Jarawa protection is important as they form the centuries old link of Indian civilization with African civilization.
• Agreed very few of them left, doesn’t mean outside contact should be stopped.

Dance for Food controversy

• A reporter had gone to Andamans. He recorded a disturbing video, in which an Indian policeman is offering food to Jarawa tribal girl and making her dance to entertain the tourists.
• This story was published in The Observer (sister newspaper of Guardian), last year.
• This led to huge uproar in India and abroad.

Buffer Zone Case Chronology

In past few weeks, you might have read Supreme court giving orders on Jarawa buffer Zones. But it is not that Supreme court picked up the matter after reading that Jarawa dancing video controversy. The issue of buffer zone has been going on since 2007. Here is the chronology:

• 2007: A&N administration brought a Buffer Zone notification in 2007. This notification prohibited any trade or tourism activity within 5 kms radius of the Jarawa Tribal Reserve.
• 2007: A tourist resort went to court against this order.
• 2009: Calcutta High court says notification is invalid.
• 2010: Supreme court says notification is valid. Orders the A&N administration to implement it.
• 2010-11: A&N administration doesn’t implement the notification due to widespread protests by local people who depend on tourism.
• Mid-2012: Supreme court asks why notification is not implemented?
• Jan 2013: Supreme court puts “interim” ban on tourists from using Andamana Trunk Road. Only government officials, persons residing in the reserve and vehicles carrying essential commodities for the Jarawas would be allowed on the Andaman Trunk Road. This ban will be in effect until authorities come up with notification and seriously implement It (=no trade/tourism within 5kms radius of Jarawa reserves=buffer zone).
• March 2013: Authorities come up with notification, Supreme court lifts the interim ban.

Tribal Commissions

Article 339 of the Constitution says President needs to appoint a tribal commission after 10 years of commencement of Constitution and thereafter as and when he deems fit. So far two tribal Commissions have been made:

Tribal Commission Year          Chairman                                 Main suggestion

         1st                 1960         UN Dhebar           Need to update laws about tribal land transfer.

         2nd                 2002     Dileep Singh Bhuria     Need to make a comprehensive tribal policy.

Now Government is planning to constitute third tribal Commission. Mainly to deal with following issues

• examine various issues of development and welfare of tribals, especially primitive tribal groups.
• formulate a new legislation to protect tribal land.

Is there is a need to add 13th schedule in Constitution? Let’s understand this one:

As you know,

• 11th schedule Functions of Panchayat.
• 12th schedule Functions of Municipalities.

But these are not applicable to tribal areas. The tribal areas are governed by 5th and 6th Schedule.

• 5th schedule Administration of scheduled tribes areas in all states except AMTM.( (assam, Meghalaya, Tripura, Mizoram). This 5th schedule is applicable to 9 states. Rajasthan-Gujarat-Maharashtra-Madhya Pradesh (RAGU MAMA 4 states) Himachal-Jharkhand-Chattisgarh-Andhra-Orissa (5 states)
• 6th schedule Administration of tribal areas in AMTM (assam, Meghalaya, Tripura, Mizoram). Although Government earlier made PESA Act, to extend the provisions of Panchayati Raj to above areas but it hasn’t worked out as planned. So Now Government  is thinking about creating 13th schedule for traditional governing bodies in tribal areas. The 3rd Tribal Commission will look into this matter.