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Explore the protective measures and regulations in place to safeguard the rights of Odisha's indigenous peoples, who face discrimination and exclusion. Learn about the importance of implementing a human rights-based approach to development, promoting equality, sustainability, and cultural identity.
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Protective Measures • Vth Scheduled & VIth Scheduled • Regulation 2 of 1956 (OSTIP Act) • PESA ACT 1996. • FOREST ACT 2006. • Land Acts 2013 • SCs/STs prevention of Atrocities Act.SC/ST POA Act. • UNDHRs • UNDIRs 2007. stitution Of India
Odisha Situation • Odisha having 62 numbers of Indigenous People groups (highest in the states in the Country ), & 13 PVTGs with . 95,90,756 Scheduled Tribes constituting 22.85% of total population of the State(41,974,218) according to the 2011 census, who are also facing the issue of political, social and economic discrimination and exclusion since long.
ODISHA AT A GLANCE • Total Population of the State: • 41,974,218 • No. of Districts: 30 • No. of Villages: • No.of Blocks: 314 • No. G.Ps: • Total Polulation of the Adibasis: 95,90,756 • No.of Scheduled Districts: 13 (7+6) • No.ofAdibasiVillages:19,000 • No. of Adibasi /ITDA Blocks: 119 • No. GPs. • No. Tribes- 62 • No. PVTGs: 13 • No. of Micro Projects: 17
Part- B. Administration and Control of Scheduled Areas & Scheduled Tribes. • 4. Tribes Advisory Council(TAC) : Nos. 20. ¾ shall be Representatives of the STs in the Legislative Assembly of the State. • Duties of TAC- Advise pertaining to the Welfare and Advancement of the STs in the State. • Chairman • Conduct meetings
Law Applicable to Scheduled Areas • 5. (1).Any particular Act of Parliament or of the Legislature of the State shall not Apply to Scheduled Aeas…. Or to such exceptions and modification • (2). Governor may make regulations for the peace and good Government • (a). Prohibit or restrict the transfer of land by or among STs • (b). Regulate the allotment of land to the members of STs • Regulate carrying on business as money lender
(3). Governor may repeal or amend any Act of Parliament or Legislature • (4). All regulations may made be submitted to president of India for assent • (5). No regulation shall be made …….TAC s are consulted.
PESA 1996 • Gram Sabha- 4 (b).No PallySabha, FRA. 2 (p). • Const. 19 (4)& (5). Control in the interest of STs. • PVTG- 13 , 17 micro projects. • Financial Management: TSP- Separate – Not through Collector & DRDA, ITDA and Tribes Advisory. • Plan- decision- implementation- Gram Sabha. • .Const.243 M- No Panchyat Raj. (No OGP, ZP,GS)
ITDA . No. of Extension officers • In each block ITDA officers. • Gram Sabha – Village man / woman be secretary. 4 (d).on Governance. • Dealership-All agency- Contractor, • Inclusion of Tribals – Jhodia, Dhurua, • Maoist issues- Grabbing land. • DMF/CAMPA- Diluting the power of Gram Sabha
LOOKING FORWARD • Awareness on Constitutional Rights and Organization of Adibasi Peoples. • Administrative structural Change in Scheduled Areas for Good Government, District Autonomous Council (ADC) based on PESA Act-1996. • Genuine Inclusive in Planning, Decision Making and Implementation process by Adibasis in Governance.
ADIVASI DEVELOPMENT • key-message by Tribalsis that the implementation of a human rights-based approach to development should take into account issues of equality and sustainability and endorse the fundamental concept of development with culture and identity.
Proposals • A Defined State Tribal Policy be made. • Empowerment , Involvement/Participation of Adivasis in Government. • Protection of Resources. • Livelihood , Education, Health Care
Administration • Hon’ble Governor- TAC + Experts+ DAC- Make a Good State Adivasi policy. • Tribal Cell in Governor Office, STRTI & ITDA. • Arbitrary Laws be amended • Financial Power TSP: ITDAs, Gram Sabhas.