National Commission for Minorities

PRESS RELEASE ON NCM VISIT TO CHATTISGARH

New Delhi

 May 3, 2007

      The National  Commission  for Minorities has received numerous   complaints from tribal  Christians in Jashpur district of Chattisgarh of partisan and discriminatory treatment from the district administration at the instance of vested interests whose aim is to destroy communal harmony in the area.                                      

      At public hearings held on 27-29 March in Jashpur, Pathalgaon and Bilaspur in the presence of Mr. M.P. Pinto, Vice-Chairman, NCM, and Dr. Dileep Padgaonkar, Member NCM, dozens of tribal Christians alleged that the administration was  implementing the Chattisgarh Land Revenue Code, 1959, in a one-sided and high-handed manner. This has created a sense of insecurity among Christian tribals and polarised what has so far been a peaceful and homogeneous tribal community along antagonistic religious lines.  

       The main bugbear for the Christian tribals is the manner in which Section 170B of the CG Land Revenue Code has been enforced by the administration. This Section has the very laudable intention of protecting the interests of the poor and illiterate Adivasis by banning the sale of Adivasi agricultural land to a non-Adivasi and requiring anyone in possession of Adivasi land acquired between 1959 and 1980 to communicate this to the SDM. After conducting an enquiry, the SDM will decide whether the transaction is valid or fraudulent. The allegation is that it is being selectively used to prevent Christian tribals from setting up schools and dispensaries that could cater to the needs of their community.

      Adivasi Christians explained that they were not capable of setting up schools or hospitals themselves and that therefore, handed over their land to societies formed exclusively of fellow adivasis for the benefit of the whole community. If this was not done schools and hospitals would not come up in the area.

      Administration officials told the NCM team that the law as it stands does not allow such societies to be treated as Adivasis. Hence adivasi property cannot be transferred to such societies. Only Adivasi individuals, not societies, can get protection under the Act.

       While acknowledging that the strict wording of Section 170 B does lend credence to this argument, the NCM team was of the view that the Christian tribals face a cruel dilemma. If an adivasi wants to set up an educational or health facility for the benefit of the whole adivasi community by establishing a society for this purpose – since he is incapable of doing it on his own – should he be prevented from doing so by recourse to a provision of the law that was intended to protect him from exploitation?

       Christian tribals also complained to the NCM team that the administration had not taken any action under this law against other communities, including non-tribal ones. Official statistics indeed reveal that 87 per cent of the cases initiated under Section 170 B after October 2007 are against Christian institutions. The NCM team could not say whether this figure is out of proportion to the Christian population in the district since the district officials were unable to provide the relevant census data.

       Christian tribals also allege that, contrary to the letter and spirit of the Act, cases were initiated against them even when land transactions had taken place prior to 1959 and after 1980.  

       Other complaints received by the NCM team relate to various forms of harassment and discrimination. For example, Christians were dragged into court where they had to spend long hours for no worthwhile reason. District officials have denied them access. Those who were subjected to physical intimidation and verbal abuse were not able to file an FIR. In addition grants in aid were being denied to Christian schools and Christian schools were left out of a state government scheme to distribute bicycles to girl students.  

       The NCM team requested the state administration to address this issue urgently and drew its attention to the fact that in an area where the Naxal movement is strong it cannot afford to lower its guard. If a section of the citizenry feels it is marginalized and has no stake in the future of the country it can be an easy prey to elements whose main aim is to destabilise society.

       A first step to stall such a development would be to suitably amend Section 170 B of the CG Land Revenue Code or to interpret it in the widest possible manner. Meanwhile, it was also imperative to ensure that social and political groups are not allowed to exploit religious sentiments for their narrow ends. Such groups have been assiduously indulging in hate propaganda against the Christians in general and the Christian missionaries in particular.