Libmonster ID: IN-1421

The solution to Adivasi problems in India lies through the use of parliamentary democracy mechanisms. To do this, registered tribes must become a full-fledged member of civil society, turn from an object into a subject of politics. The tribes have already taken the first steps in this direction. They came out of isolation, social non-existence, declared themselves as an active social force, but they have not yet become a group "for themselves". Their energy is often used by communalists, separatists, terrorists, and other anti-national destructive elements that are equally hostile to the Adivasi, society, and the State. So far, the consistent defenders of the interests of Adivasi are enthusiastic social activists, whose positions are determined mainly by their civil and moral principles. These people are everywhere - both in the structures of government and in the structures of civil society. Their influence is noticeably increasing. Thanks to their efforts, the law "On Registered Tribes and Forest Dwellers (On Recognition of Forest Rights)" was adopted, which was a significant step in recognizing the basic, basic rights of registered tribes.

IDENTITY CRISIS

The State policy of positive discrimination is fraught with an intractable contradiction. On the one hand, it is aimed at modernizing the economy of registered tribes, including them in the system of economic, social and political relations of a "civilized" society, and introducing them to modern knowledge; on the other hand, it is designed to preserve their traditional culture, and consequently the integrity of the tribes themselves as carriers of this culture. However, changes in the socio-economic life of tribes and the development of education cannot but affect the cultural and spiritual foundations of tribal organization. Therefore, integration should be understood as a holistic process of modernization of the material, social and spiritual foundations of life adivasi. The first part of the article shows the socio-economic consequences of integration. They were different for different tribes. Similarly, integration affects the cultural and spiritual life of tribal communities in different ways.

Apa tani they demonstrate the most optimal integration option. They became full-fledged members of civil society, preserved their culture, identity, and identity. But apa tani - rather an exception. There are few such examples in modern India. In most cases, modernization is disastrous.

Ending. For the beginning, see: East (Oriens). 2008. N 3. pp. 58-73.

The article is based on a scientific report made at the Center for Indian Studies. The author would like to thank his colleagues for their valuable comments.

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not only for the material and social, but also for the spiritual foundations of the integrity of the tribal community, resulting in a so-called identity crisis.

Identity is a complex of ideas, feelings, and sensations that connects members of a tribe into a single community. It helps the tribe as a whole and each of its members individually to determine their place in nature and society, allows you to distinguish your own from others, provides a constant circle of communication, gives a person a sense of stability, comfort and security. Identity is not transmitted with genes, but is acquired in the process of socialization. It is formed by the consciousness of a common origin, attachment to a "small homeland", a single way of life, a single worldview, etc., it is constantly fueled by collective work, mutual assistance and mutual assistance, understood as the right and duty of everyone in relation to their fellow tribesmen and to the tribe as a whole. A major role is also played by joint leisure activities, collective meals, dances, chants, etc. [Biswas, 1956, p. 218-219].

Among the components of identity, an important place is occupied by the sacred element-communication with ancestors, spirits, gods, forces of nature, which is carried out by observing certain taboos, performing rituals, sacraments, mystical actions, etc. Each tribe has its own world. It is not allowed to be entered by outsiders. It can deprive the tribe of the favor of higher forces, invite misfortunes and misfortunes to it. Identity is also protected by customs, the public opinion of fellow tribesmen, the authority and authority of traditional government bodies-leaders, councils of elders, etc.

Bourgeois modernization puts all the basic components of identity at risk. It brings rationalism and private interest to the tribal community. Both are alien to traditional culture adivasi, it contradicts their worldview principles, moral and ethical norms, and the entire structure of life of tribal groups. The authors of the report of the Institute of Social Sciences note that under the influence of modernization, people are increasingly "torn" between the interests of the tribe and their personal interests [Report on Impact..., 2003, p. 30]. Internal conflicts of interest are quite painful. It violates the system of values and motivations, deprives a person's actions of solid moral support, changes his attitude to his fellow tribesmen, to the outside world, etc.

In Indian conditions, the most active agents of influence on the inner world adivasi, In addition to the state policy of positive discrimination, there are forced relocations to new places of residence, the influx of immigrants to tribal territories, the cultural influence of "civilization", the struggle of various interest groups for natural resources, and the politicization of the tribal problem.

Tribes that become victims of migration are deprived of their "small homeland", their natural habitat, and their usual sources of livelihood. Impoverishment, disorder, dependence on the authorities depress the psyche adivasi. Migrants often end up in temporary camps, waiting years for their turn to receive land. Tribes that have not yet been affected by this disaster live in a state of constant uncertainty and fear for their future. Loss of perspective, demoralization - these are just some of the consequences of this process.

The influx of immigrants-farmers, merchants, contractors-among other things disrupts the ethnic and cultural homogeneity of tribal settlements. The inner life of the tribe, previously hidden from prying eyes, loses its "intimate" character. Magical rituals, dances, and chants become visible to outsiders. In places of mass tourism, they often take on the character of commercial performances. Thus, the sacred component of identity is vulgarized and weakened. Labor migration also has a negative impact on the family and kinship basis of the tribe. In some tribes, its duration is up to-

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It lasts for eight months of the year. Being out of the control of their fellow tribesmen makes it easier for migrants to break intra-tribal laws and accept other people's customs and mores. Migrant men often return home with other wives, even ignoring the laws of tribal endogamy (Bulsara and Sreenivasa, 2007).

Familiarity with different living conditions, with a different range of consumer goods changes the idea adivasi about affluence, expands the range of their needs. Money creates the illusion that these benefits are affordable. Not having passed the school of commodity-money relations, adivasi the masses fall into debt, lose their personal independence. State aid programs and the development of a network of educational institutions introduce them to completely new concepts about the state, the law, and the rights and obligations of citizens. State institutions - government bodies, prosecutor's offices, courts-undermine the value of traditional power.

The spiritual foundation of identity is being seriously tested. Despite all its "primitiveness", the complex of traditional ideas allows a member of the tribe to explain any phenomena in nature and society. And not only to explain, but also to influence them with the help of magic, spells, sacrifices. Contact with the outside world convinces a tribal person that there are other gods. And judging by the fact that people outside the tribe have a higher affluence, have more opportunities, their gods are more powerful and responsive. "Full understanding of physical phenomena has disappeared from Bhila culture due to the influence of supernatural forces," writes T. B. Naik. "When they come into contact with outsiders, they no longer have the confidence that a complete knowledge of their pantheon gave them" (Naik, 1956, p.323).

The loss of a traditional worldview clears the way for proselytism. Proselytizing has long ceased to be a spontaneous process. Today for the souls adivasi there is a sharp struggle between preachers of Hinduism, Christianity, Islam and other faiths. Previously, the transition to other religions took place collectively, as a whole tribe. But with the weakening of internal spiritual ties between members of the tribal collective, proselytizing preachers were able to introduce the new faith to the tribe in parts - "breaking off" clans, families, and even individuals from it. This creates obstacles for neophytes in social interaction with their fellow human beings: adivdsi-Christians and yadmvasi-Muslims who eat meat, can not arrange joint meals with yadivasn-Hindus; Muslims - with Christians, etc., and therefore take part in common ceremonies and rituals. If we turn to marriage, funeral customs and rituals, the list of things that members of one tribe "cannot" afford will increase many times. At the same time, it should be borne in mind that hostility between different religious communities in a large society penetrates into the tribe.

Modern education also has a contradictory impact on identity. It changes views adivasi about nature and society, which makes it easier to adapt to the conditions of the latter. But rational knowledge reveals to educated members of the tribe the naivety of traditions, the primitiveness of the customs and way of life of tribesmen. According to the testimony of T. B. Naik, adivasi, those who attend school look down on their fellow students. "Instead of joining their fellow dancers, they laugh at them" (Naik, 1956, p. 329).

The core of identity is the tribe's" exalted " idea of its own merits - the belief that it is the crown of creation, the center of the best human qualities - courage, nobility, selflessness. The men of the tribe are the strongest and bravest, the women are the most beautiful and agile. "We are brave, we are fearless, we are the children of the tiger and the lords of the forest," the ritual song reads bhilov [Naik, 1956, p. 320]. Understanding the squalor of living conditions and losing faith in their gods and spirits, feeling powerless before hostile forces

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civilizations "confuse aborigines and undermine their self-confidence" (Raghaviah, 1962, p. 442). T. B. Naik states that bhils, these proud "lords of the forest and children of the tiger", once in a" civilized "environment," look inhibited, stupid and depressed " (Naik, 1956, p.323).

The loss of life orientations, ideological and moral-psychological foundations of collective unity, or "identity crisis", causes deep psychological trauma to the tribe. They do not necessarily lead to the disintegration of the tribe, turning it into a shapeless mass of lost, "broken people" (broken people - B. R. Ambedkar's expression). The original and strongest ties - kinship (clan, family) - prevent disintegration. Moreover, the trials that have befallen a tribe can contribute to the formation of a new type of identity. For some tribes, the basis of such an identity may be an awareness of objective interests and an understanding of the need to fight for their realization. In other tribes, the unifying force is the so-called negative identity, based on a total rejection of society, power and the state. The desire to close oneself in one's shell, to isolate oneself from the outside world, is a common manifestation of this kind of identity. Most often, negative identity is expressed in "deviant behavior", "anti-social" actions, "open defiance of the authorities and crimes against property" (Naik, 1956, p. 320). Attacks adivasi attacks on state institutions, reprisals against merchants and loan sharks, officials and policemen are becoming a common phenomenon in the daily life of the country. Their victims are often ordinary citizens, who are adivasi they are not always distinguished from their immediate oppressors.

And this can not but affect the attitude of a "civilized" society to adivasi. In the eyes of the majority of the population adivasi they have always been the embodiment of dark and hostile forces. "If a small child is naughty or crying, they are told that a bhil will come and take them away" (Naik, 1956, p. 217). It is not just the villagers who are infected with such prejudices. They also affect the population of large cities. "Ask any passerby in Delhi:' Who are the worst criminals here?' "He'll answer: "Of course, (the tribes. - A. K.) Sansi and Baori", - writes M. Devi. "Bunt" adivasi it leads to the strengthening of the role of negative stereotypes in the mass public consciousness. But a real tragedy adivasi The problem is that in the structure of modern Indian society today there is no large and influential stratum of the socio-class type that supports their interests.

The business community sees the tribes protesting against the seizure of their land as an obstacle to economic progress. For hired workers in villages and towns adivasi - competitors in the labor market. By accepting meager wages, they underestimate the market price of labor. They are not favored by the most massive social group - the peasantry. For them adivasi - criminal elements encroaching on their crops, livestock and land. For the most part, "ordinary people" are perplexed as to why the state gives the PO land, secures them jobs in government and educational institutions, why it helps them build homes and supplies them with food, while many Indians are in the same plight.

Studying unsuccessful attempts to instill a culture of sedentary farming in some tribes, experts from the Department of Anthropology at Ranchi University cited local resistance as one of the reasons. "To a part of the land allocated to the tribe birkhor, local villagers applied. They were dissatisfied that their land should be given to a nomadic tribe that settled in the neighborhood." Birkhoram, those who received land plots were "advised" not to "plow" them. Otherwise, they were promised to kill them all. Under the influence of threats, many families were forced to leave the settlement without touching the land they so longed for and unexpectedly found [Vidyarthi, 1964, p. 67].

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The majority's rejection of the tribal part of society is reflected in numerous instances of discrimination and violence against women. adivasi. According to official data, the number of crimes against the PO committed with the "use of cruelty" increased from 725 in 1998 to 5,713 in 2005. [Home Affairs, 2007, p. 125]. Negative attitude of the society to adivasi it also manifests itself in the behavior of representatives of government bodies, where all the same "ordinary people" serve. The failure to comply with laws that protect PO's from discrimination and violence, from violations of their civil rights, and the lack of" sincerity " in tribal development officials, which was described by the authors of the report of the Institute of Social Sciences in Delhi, are phenomena of the same order. According to Ch. N. Subramaniam, during operations against terrorists in the jungle, policemen and soldiers behave with a high level of violence. adivasi like an occupying army in a conquered territory. "Arbitrary arrests, confiscation of money and food... forced labor, robberies, rapes, and arson" are common accompaniments to such events [Subramaniam].

Mutual alienation between adivasi, on the one hand, society and the State on the other, it became so obvious that the Ministry of Tribal Affairs, established in 1999, immediately began to develop a program of psychological adaptation adivasi to " increase their self-esteem and trust in the authorities."

The meaning of the policy of "positive discrimination", especially its latest version-the Supplementary Plan for Tribes-is that (a) the State intends to continue to increase its interference in tribal affairs and (b) the purpose of this intervention is to accelerate the capitalist modernization of the tribal community. Therefore, many experts believe that the current trends in the development of tribes will continue, and the contradictions between tribes, as well as the state and society will become more acute. This will inevitably lead to new outbreaks of conflict and violence in the country (Jha, 1998).

"IN YOURSELF", "FOR YOURSELF" OR "FOR OTHERS"?

In the context of parliamentary democracy, the adivasi there is only one reliable way to solve your problems: to become a full-fledged member of civil society and, using its procedures and mechanisms, to meet your requirements. But the tribal community is demoralized, fragmented, and has no ideology or political organization. Its ability to articulate, represent, and defend its interests is extremely limited. To become an influential subject of politics, the tribes, to use Marxist terminology, must transform from a " class in itself "to a"class for itself." At the primary level-at the tribal level-this implies at least overcoming the state of demoralization and identity crisis. At the level of tribal society as a whole, this means first of all overcoming traditional isolationism, awareness of common interests, and joint struggle for their rights.

An important role in the consolidation of the tribal community, as well as any other, is played by the intellectual and socio-political elite, who have received a modern education and occupy a certain position in a" civilized " society. The best results are achieved if the elite of the tribe itself acts as the organizing principle.

Chhara (living in the vicinity of Ahmedabad) - traveling musicians and magicians. Like other denoted tribes, they were harassed by the authorities, police, and caste-based Hindus. Concerned about the fate of his fellow tribesmen, a chartered electronics engineer and professional actor, a graduate of the National School of Drama in Delhi, together with a group of young people created the Budhan Folk Theater. The motto of the theater was the slogan - "chhara - not thieves, chhara-artists. We are proud of our identity, we are proud that we chhara". Plays written and staged by members of the troupe, ruska-

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they tell about the life of the tribe, about the fate of people who have become victims of police brutality and hostility of ordinary people. The group has created a library where regular conversations are held on the topic of why chhara they are considered criminals, and how to overcome this image of their tribe in the eyes of other people. The activities of Chhara leaders are not limited to the circle of their fellow tribesmen. They consider their goal to be overcoming discord between tribes, strengthening inter-tribal solidarity. When a mob of caste-based Hindus attacked a nearby tribal settlement sancy, the police refused to register this crime. The elders sancy, fearing revenge, they also tried to hush up the case. But Budhan made a public protest against mob violence and the" ostrich " policy of the authorities and succeeded in instituting a criminal case [Jain, 2007].

Some tribes of north-eastern India, due to the exceptional historical features of their development, have mostly developed such an elite. But it is often unable to overcome tribal selfishness, quell hostility to neighbors, and rise to an understanding of the common tasks of the tribal community. Most of the tribes in peninsular India have an elite that is still being formed. It is numerically small (or absent altogether). Because of the underdevelopment of the middle class, its social base is narrow. The level of its public consciousness is low. This is explained by the fact that energetic and enterprising people do not linger in the circle of their fellow tribesmen. In search of a better life, they leave, often forever, their native places. Adivasi, "having found work in the plantations, mines, factories in the cities, their children will never return to the villages," complains K. D. Jha. "The majority of tribal populations who remain loyal to their homes remain in their communities, which are places of deprivation, poverty, and squalor" (Jha, 1998).

A small stratum of people who have received a modern elite education is absorbed by the bureaucracy or politics through the reservation system. "This stratum is in a hurry to abandon its tribal identity and join the ranks of the Hindu middle class "[Subramaniam]. Many members of Parliament and legislative assemblies who are elected according to PO quotas are not ethnic adivasi or they follow the lists of political parties that express the interests of other communities, classes, strata, etc. For them, POS are "vote banks". They think about the PO during the preparation and conduct of elections. Congress and BJP leaders who have received mandates as members of the Chhattisgarh Legislative Assembly under PO quotas are accused of "urbanizing their way of life and forgetting their duty" to the electorate (Gopallakrishnan, 2004).

Why is the elite barely born adivasi unlike, for example, the elite dalit languages is the caste rushing to leave its fellows to fend for themselves? The reason, apparently, lies in the peculiarities of the collectivism of the caste (jati) and the tribe. Caste is part of a complex system of inter-caste relations. Its place in this system expresses status - the totality of economic, social, ritual and other positions in society. In order to keep it or raise it, the caste must prove the rightness of its claims to society by its actions. And this serves as a powerful incentive for the unity of the caste collective. Since in a caste society the status of any person depends on the status of his caste, a successful member of it can get a higher individual "rank" only by bringing the entire caste to his level. Following his own personal interests, he must act in the interests of the entire team. Willingly or unwittingly, but he is forced to play the role of the notorious locomotive.

The tribes do not form a single system. Under the influence of modernization, the ties that bind members of the tribe, their obligations to each other weaken. Accordingly, the ties that bind the elite of the tribe with their fellow tribesmen also weaken. The main area of its activity is the external world. And he forces the rules of the game on her. The low social status of the tribes forces the elite adivasi search for yourself

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take refuge in more successful groups of society, identify with their culture, values and interests.

Since many tribes do not have any significant layer of their own elite, its role is often assumed by representatives of other communities and social groups. The Chipko movement, which is dedicated to protecting forests, was initiated from below and consisted of a series of scattered speeches by villagers in the Himalayan region. It gained unity, an all-India dimension ,and "galvanized the country's civil society after it was led by prominent public and political figures Chandi Prasad Bhatt and Sunderlal Bahuguna" (Agarwal, 2008). With a low level of civic consciousness. adivasi it is the leaders, their civic positions, moral and human qualities that largely determine the direction and nature of the activities of tribal public organizations.

An example of civic asceticism is the work of Dr. Sivaramkrishna, a brahmana former school teacher, now a well-known anthropologist and popular public figure. He became acquainted with the warlike tribes koya, kondareddi, valmiki and chengchu (West and East Godavari Districts of Orissa) while working on a dissertation. Sivaramkrishna organized a voluntary non - governmental organization, Serch for Action and Knowledge for Tribal Initiative (SENTRY), headquartered in Hyderabad. SANTI started its activity by training a group of specialists from among the adivasi, able to understand the land legislation. In 1984, SANTEE won the first court case against Godavari Playwood Co. for illegally cutting down wild fruit trees. Another major success of SANTEE was the cancellation of plans to build a reservoir in Bhupatupphalem (in East Godavari District), which threatened the existence of six villages adivasi [Bhat, Achanta, 2007]. SANTEE overcomes not only tribal discord. It breaks down the wall of alienation between tribes and caste populations.

The number of people like Sivaramkrishna and the NGOs they lead is in the thousands. They are engaged in education and professional training, promote a healthy lifestyle and scientific methods of farming, and explain adivasi their rights, provide them with legal assistance, represent their interests in courts and state institutions, etc. Helping adivasi to solve their everyday problems, they instill in them a civic sense of justice, teach them to overcome traditional discord, to unite in the name of a common goal. But, like any social phenomenon, volunteer activities aimed at helping tribes attract many people with dubious reputations, who see it as a means to achieve material gain and political ambitions.

Some insight into this aspect of "volunteerism" is provided by Dr. Chandrakant Puri's presentation at the 17th Asia-Pacific Conference "An Image of Asia for the 21st Century" in Sasebo, Japan, in July 2003. Puri came to the attention of seven non-governmental public organizations (NGOs) in the Raigad district of Maharashtra. All of them take care of the tribe katkari, although there are many other tribes in the area, the situation of which is no less deplorable. Ch. Puri was interested in why exactly the Katkari became the subject of such close attention. The answer turned out to be the simplest - because this tribe was chosen by "funding organizations" and you can earn money from it. The founders, patrons, and managers of all NGOs, without exception, are "outsiders." The permanent staff of seven NGOs consists of 139 people. But only five people (3.6%) of them - katkari [Puri, 2003].

Annual budget of five (active)companies NGOs make up 11.1 million people. Rs. 5.6 million is used to pay salaries to management and full-time employees. The unencrypted and unknown "other" expenses spent amount to another 2.9 million rupees. The cost of services provided to tribal members under development programs does not exceed Rs 1.4 million, or 12 % of the total budget. If we take into account that the development programs of these NGOs cover more than 48 thousand people, then for each katkari The average cost of a pack of medium - quality Indian cigarettes is just over Rs 29 per year (Puri, 2003).

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The situation in the volunteer sector of Raigad District could be considered random. The activities of many other organizations at the regional and even pan-Indian level are alarming. As a rule, they see their tasks and goals as: "studying" (climate, ecology, wildlife, bioresources), "promoting" development (education, employment, hygiene, health care)., "coordinate" the activities of NGOs working directly with the public, etc. However, their main function is to raise financial resources at home and abroad, as well as to allocate resources with considerable benefits for themselves (Bhat and Achanta, 2007).

Established in 1996, the Indian National Tribal Welfare Fund (INFBF) is a "non-profit, non-religious, non-political, non-governmental organization". Its activities cover Orissa, Bihar, Jharkhand, Madhya Pradesh, Haryana and Delhi. The Foundation is supported by a number of ministries and departments in India. It is a partner of the US-registered Global Giving (GG), which uses the World Wide Web to connect donors and NGOs in 60 countries, including Russia. In India, the GG implements 55 projects. The foundation's publications describe it as an "intermediary between government agencies and tribal residents" (Narang, 2007). The foundation's report for 2005-2006 indicates that the foundation was engaged in" studying "ecology, the state of village ponds, population migration; "shooting videos" about tribal life; "identifying and describing" abandoned lands (1,100 acres of them were found) and "dying reservoirs" (ponds in 125 villages were identified and described). as well as organizing mutual aid groups, etc. Such work is undoubtedly beneficial. But every piece of abandoned land and every degraded pond is known to the villagers without a trace research projects. More important would be practical assistance in restoring these sites. There are other areas of application of forces - the organization of water supply, the fight against child mortality, education, etc. But the reports don't say a word about it.

The Government obliges NGOs that receive funds from foreign donors to submit financial reports to the Ministry of Internal Affairs. Most likely, the Ministry of Internal Affairs receives reports. They remain closed to the general public. The luxurious offices of such NGOs, the high salaries of managers and employees, who often turn out to be relatives of the founding fathers, and their frequent business trips abroad raise suspicions of "inappropriate" spending of state and public funds. "Do you think that the most corrupt organizations in India are owned by the government? You're wrong. The biggest corrupt officials in this country are some non-governmental organizations, or NGOs, " writes Francois Gauthier. "Today's generation of NGO leaders comes from the upper stratum of society's elite, wearing fashionable clothes and driving around in luxury limousines," he continues. - To raise more donations, these people spend half their time abroad - in London, Paris or New York. There they are busy showing off exotic slides and presenting expositions to gullible foreigners who are always ready to shed a tear over poor, "humiliated Indians" " [Gautier].

Issues of the present and future PO have also become more prominent in the activities of political parties. The involvement of parties, especially parties of the left and democratic persuasion, in the fate of the PO draws the attention of civil society to their plight, forcing the authorities to make concessions to their demands. But many political organizations use working with adivasi to achieve their own goals-religious and communal, propaganda, political, etc. - that have little to do with the true interests of the tribes. The energy of negative identity adivasi criminal and other destructive forces are often used. Organizations and movements that fall under their influence are outside the legal and constitutional field. They provoke tribal isolationism and separatism, and threaten the integrity of the country and its democratic foundations [see: Baranov, 2003]. The most dangerous product of them is naxalism - symbiosis of the natural world

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revolt and the radical left ideology of Maoism. Speaking at a press conference in December 2007, Prime Minister Manmohan Singh called it the biggest threat to domestic security [Mohanty].

Naxalism is represented by many armed groups, among which the People's War Group and the Maoist Communist Center are widely known. It covers more than a quarter of India's territory, 170 of the country's 602 districts located in the so-called Red Belt, which stretches from the border with Nepal in West Bengal to Karnataka. [India's Naxalites, 2008]. In just two years (2004-2005), the number of such districts increased by another 35 [Raghavan, 2005]. Arun Puri, Editor-in-chief of India Today magazine, wrote:: "The movement is organized according to the army principle. It has modern weapons and explosives, well-trained personnel, and an intelligence network. In fact, it is an army among us" [Poori, 2008].

Naxalism positions itself as a defender adivasi and all the oppressed and exploited. But this is not the case. Its goal is not to improve the situation adivasi, and the overthrow of the existing system by violent methods. To create an environment of chaos and destabilize economic and socio-political life, the Naxalists blow up railways, attack businesses and plantations, and provoke armed clashes with government forces and police, often targeting civilians. According to the Ministry of Home Affairs of India, in 2006 alone, the Naxalists unleashed 1,509 armed incidents, in which 521 civilians were killed (for comparison, the police lost 157 people, and the Naxalists-272 people). [Home Affairs, 2007, p. 24]. They prohibit farmers from cultivating their fields and demand that they join the "resistance movement" and destroy "private and state-owned firms" [The Indian Express, 05.07.07].

Naxalist raids are accompanied by the requisition of livestock and food from the population, hostage-taking, rape, and forced mobilization of young people. Forest dwellers, adivasi, they take refuge from the Nakxalist outrages in refugee camps. In Bastar alone (Chhattisharh state), there are 17 such camps, in which about 50 thousand people live. But all those who evade participation in the guerrilla struggle are considered traitors by the Naxalists and severely punished. On July 17, 2006, they attacked a refugee camp in Ellabore (Dantewada district, Chhattisgarh), killed three dozen unarmed residents, burned about 100 huts, and took 45 hostages with them. They attack activists with particular fury Salwa judum, what's in the language gondi it means the peace movement. It's a movement adivasi It was organized by the authorities in June 2005 to end the jungle war. Before July 2006, the Naxalists had killed 300 people. judumists. Both separatism and naxalism are dead ends in the movement's development adivasi. They lead to violence and suffering of ordinary people.

Thus, in the civil society system adivasi in general, they stopped being a "group in itself". They have already established themselves as an active part of society. But the tribes as a whole have not yet become a "group for themselves". For the most part, they remain a group "for others". It is from these positions that we should approach the assessment of the current state of the tribal problem.

AT A NEW STAGE

From a formal point of view, Indian legislation has taken care of many problems adivasi - poverty, illiteracy, discrimination, violations of civil and human rights, etc. In the center and states, many laws have been adopted in

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using the PO. Analyzing these laws, the authoritative public organization "Alternative Development Group" came to the conclusion that some of these acts "did not go beyond declarations, while others turned out to be emasculated in practice" [JFM in India]. Issues that have taken years or decades to resolve even on paper include state recognition of PO rights to live in forests, to land for cultivation, to forest products, to graze livestock, and so on. The reason for this, according to experts of the Alternative Development Group, is "the influence of key interest groups." These groups include: officials of state forest management bodies (forest departments), timber producers, and conservationists. They also include "rich peasants and powerful local political elites who often control decision-making structures"; international organizations that "use their financial muscle to influence state and central policy." These forces pursue goals that are either not relevant to the interests of the State. adivasi, or they disagree with them. It is significant that the authors of the study did not include the PO itself in the list of influence groups without explanation [JFM in India].

Sincere and consistent human rights activists adivasi the survey authors count only "enthusiastic social activists", without specifying who these people are. But even without that, it is clear that they have little connection with any particular class or social, property, gender, age, or professional group. They are everywhere-both in the system of power (religious, secular, socio-political), and in the civil sphere of life. Their positions are determined by moral principles and civic responsibility. According to the authors, the possibilities of this category of citizens are still limited. They are not organized, and often do not have a clear program of action. It is difficult to judge how large this stratum is and what its impact on the power structures is. No national studies have been conducted on this topic. But the authors of the study argue (and this is an important point!) that since the 1970s, the position of "enthusiastic social activists" has significantly strengthened, and their role has significantly increased. The evolution of Indian legislation on forests and the rights of forest dwellers confirms the validity of this opinion.

The first document of independent India that formulated the state forest policy was the resolution of the Ministry of Food and Agriculture of the Government of India dated May 12, 1952. It largely copies the acts of the colonial authorities of 1894 and 1927. This resolution not only confirmed the authority of the state over forests, but in a sense even tightened them.1. She assumed that the problems of the forest and its inhabitants are indirectly related to each other. Tribes and other forest dwellers were not explicitly mentioned in the document. However, the state's intentions to restrict slash-and-burn agriculture and grazing of livestock, especially sheep and goats, actually meant further infringement of traditional tribal rights. The democratic nature of the nation-state, which replaced the colonial regime, was expressed only in the fact that the authorities considered it necessary to "explain" the importance of forests to the population and increase public interest in the reasonable use of forest resources [Ministry of Food..., 1952].

1 The resolution divided forests into four categories. Protected forests they protect the climate, nature, and ecology and are not subject to economic use. National forests they are intended for economic needs, for the development of production, infrastructure, etc. Village community forests they serve to meet the needs of residents for fuel, forest products, as well as for grazing livestock. The category of" forests " also includes tree plantings on land plots of peasant farms, around ponds, river banks, etc. The first two categories were and remain state property. Any use of these lands was allowed only with the permission of the state and under its strict control. In accordance with the Resolution, landings on communal and peasant lands were now subject to State registration.

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In 1988, the Forest Policy Declaration was published, replacing the 1952 Resolution. [Declaration..., 1988]. The Declaration continued to focus on the issue of forests. It stated that since 1952, the problem of forests in the country has worsened. The area under forests has decreased, their quality has worsened, and productivity has fallen. However, unlike the Resolution, the new document has a special section devoted to "tribal residents". (4.6). To combat illegal logging and plundering of forest resources, the Declaration suggests replacing private contractors with " state-owned corporations, cooperatives of tribal residents and workers." In the same spirit, the Resolution proposed to resolve the issue of trade in forest products. But the main difference between the Declaration of 1988 and the Resolution of 1952 is that it officially recognized the" customary right "of PO, LC, "poor people" and "other forest dwellers", whose income depended on the exploitation of forest resources, to graze livestock and use "secondary" resources. (minor) forest products (except for business wood). Moreover, protecting these rights and meeting the daily needs of residents were recognized as priorities of State policy. The Declaration emphasizes the importance of the public for the conservation and development of forest resources and sets out the task of involving the population in forest management and creating a "mass movement with the participation of women"for this purpose.

The ideas of the Declaration were further developed in the Instructions for the introduction of the so - called Joint Forest Management (JFV) System, which was published in 1990. [Joint Forest Management..., 1990]. The Instruction recognized the need to move from centralized State to decentralized "democratic" forest management, involving civil society institutions such as rural communities and NGOs. Forest dwellers were recognized as full partners of the state. Their cooperation with State organizations should be based on the principles of fair sharing of income from joint exploitation of forest resources. JFM should lead to an increase in the income of forest residents, help solve their social problems - education, health, infrastructure. The new system should get rid of adivasi out of fear of forest departments, instill confidence in the state [Annamalai, Dean].

At the same time, the declaration deprived private contractors of the right to collect and sell forest products on the free market. The harvested products were ordered to be handed over to the forest departments. They, in turn, received the right to sell it" at reasonable prices " to consumers directly or through a system of specialized state, cooperative and other associations. The working bodies of the program are democratically elected village forest councils.

It was the responsibility of the States to translate the principles of the Declaration and Instructions into law. However, the states were slow to enact the relevant laws, and this process took many years. Nevertheless, the JFM system at first met with a benevolent attitude of society. By 2005 it covered 21.4 million hectares in 28 states and consisted of 99,000 forest committees (in some states they are known as associations, associations, etc.) [Ministry of Environment and Forests..., 2007]. However, over time, the enthusiasm of forest dwellers began to weaken. According to Sanjay Upadhyaya, this was because the system was not established by law and did not receive official status, as a result of which the state forest departments still had the final say in forest management; it is not clear from the Instructions which categories of forests fall under the JFM, how functions and powers are distributed among rural forest councils, by local self-government bodies (panchayatami) and NGOs; in what proportions the income from economic activities should be divided between departments and communities (Upadhyay, 2003).

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As a result, the partnership between the state and society turned out to be a one-way street - the power and money remained with the departments, and adivasi and other categories of citizens whose lives depend on the forest did not receive either.

A more detailed picture of the state of JFM is provided by a thorough survey conducted by the well-known human rights organization Samata in Andhra Pradesh. The JFM system was introduced in 1992 with financial support from the World Bank. A total of 6,600 employees were created in the state Vana Samkarshana Samiti (BCC) - local councils of joint forest management. The survey showed that by creating the VSS, residents succumbed to the agitation of forest departments and believed that this system would really lead to an increase in their income, put an end to land grabs and forced evictions. Residents of some villages learned about their membership in the BCC from Samata workers who conducted surveys: councils were created by departments without the knowledge of residents and existed only on paper.

The survey showed:

As a result of the implementation of JFM, the state of forests has improved. Drinking water sources, roads, and schools have appeared in many villages, and women's activity has increased. Granting exclusive rights to collect and sell secondary forest products to local residents ' organizations has led to some increase in the income of the poorest strata of the village. But it deprived families engaged in handicrafts and domestic crafts of additional sources of income. Previously, they took raw materials from the forest themselves for free, but now they had to buy them from the forest departments. As a result of the reduction in the area under slash-and-burn agriculture, some peasant families lost their land altogether.

Power and decision-making in the SCA are in the hands of the upper castes and landowners. But the real power over the forests remained in the hands of the forest departments. There were cases when departments disbanded the SCA that they did not like. Contrary to the rules, they issued licenses for the development of minerals to third-party firms without the knowledge and consent of the BCC. NGOs are supposed to provide assistance to the SCA in processing documents, advise them on farming issues, and protect their rights when sharing profits. But in practice, this does not happen. NGOs are financially completely dependent on departments. The opinion of NGOs is not taken into account either in the preparation of development plans and programs, or in their implementation. In one NGO village run by young people adivasi, she was suspended from her job, and her functions were transferred to another organization designated by the department. Citizens do not have the slightest idea about the income from joint activities with forest departments (Joint Forest Managment. A Critique...).

The next step towards the recognition of rights by the authorities adivasi the verdict of the Supreme Court on the "Samata case" has become known. In 1997, NGO Samata filed a lawsuit against the Andhra Pradesh government's decision to lease land to private mining companies adivasi in the Visagapatnam district. Based on the 73rd amendment of the Constitution, the Supreme Court overturned this decision and clarified that the management of communal lands falls within the competence of local governments. The exploitation of mineral resources located on communal land should be carried out by community members, individually or collectively, in cooperation with public or private organizations. In each case of land use in tribal areas, the State is obliged to consult with their self-governing bodies.

This ruling could set a precedent for addressing similar issues. But it didn't. It took 12 years for the Supreme Court's decision on the "Samata case" to be implemented [Venkateshwarlu, 2006 - 2007]. Moreover, in defiance of the Declaration and Instructions, the BJP Government ordered the removal of all "unauthorized intruders"from the forests on May 3, 2002. In four months, about 300 thousand forest dwellers had to free up more than 152 thousand hectares. [A Platform for Civil Society...]. From 2003 to 2005, 575 thousand hectares of forest land were transferred to new mines and industrial enterprises. Another 100 protocols of intent with companies were expected to be executed [Rajalakshmi, 2006-2007].

In 2004, when the Progressive Alliance government came to power, the Communists raised the issue of ongoing forced evictions in Parliament

page 62
PO from the forests. In a June 2004 letter to the Supreme Court, the Government acknowledged that " the historical injustice of not recognizing the traditional rights of forest tribes must finally be corrected." [A Platform for Civil Society...]. On December 13, 2005, the Government submitted to Parliament a draft law "On scheduled Tribes and Forest Dwellers (On the Recognition of Forest Rights)". He proposed legalizing the ownership of private and communal forests and granting "scheduled tribes"the right to live and farm on their land in state forests. But the "other" inhabitants were subject to eviction. Tribal self-government bodies were allowed to participate in making plans and maps of the occupied area, but not in the management of forest land. The draft also contained other restrictions. For example, from the list of" secondary " forest products that were previously used adivasi For example, some plants that were used for food and for the production of handicrafts disappeared.

The bill caused a heated discussion [A Platform for Civil Society...]. The parliamentary commission set up to finalize the document mostly sided with the defenders of PO rights. The final version of the law was adopted by the Parliament on 18.12.2006. Under this law, the State still retains ownership of forests. Forest dwellers remain their users. But today, in addition to the right to use secondary forest products, they also have the right to live in forests owned by the state. These rights are inherited. They can be expanded, but not truncated. The rights are certified by the corresponding document - pattoy. The right to use the forest lands is granted to registered tribes that lived in the occupied territory before December 2005. The same rights are granted to other "forest dwellers" if they can prove that they have lived in the forest for three generations (i.e. 75 years). [The Scheduled Tribes..., 2005].

Under the new law, forced eviction of forest dwellers is unacceptable even from nature reserves. It can only take place if their vital activity causes major damage to the flora and fauna. Speaking in Shillong on March 15, 2007, Indian President Abdul Salam explained that under the new legislation, cultivated land can only be withdrawn from farmers for industrial purposes with their consent, on market terms and at a negotiated price [The Indian Express, 16.03.2007].

The law has increased the role of those recognized by law (statutory) local government bodies - panchayats. Now they manage communal land, solve issues of cutting land for family or individual use. Beyond the Panchayats the right to exploit natural resources independently or in cooperation with private capital and the state is established. They give consent to the alienation of land for industrial and other construction, participate in all stages of preparation and implementation of development projects. True, solutions panchayats They require approval of the so-called mixed committees, which include representatives of the executive branch, village councils, etc. panchayats and "respected" citizens. An important innovation is that the law recognizes the right of NGOs to represent the interests of forest residents, participate in the preparation of documents, in the implementation of development programs, etc.

In general, the Indian public assessed the law positively. According to Brinda Karat, a member of the Political Bureau of the CPI(M), the law is a "big step forward" in solving the problem of tribes. "The law has finally provided forest dwellers with a legal basis for using forest resources," says Ashish Kothari, a well - known activist in the forest protection movement [Kothari, 2006 - 2007]. However, not everyone shares these estimates. Laws and decisions aimed at improving the situation of tribes are known to have been adopted before. But on the way to their implementation every time

page 63
corrupt officials, industrial and financial corporations, the land and forest mafia rose up. Clinging to the slightest ambiguity or ambiguity, they either distorted the meaning of the laws, or ignored them altogether.

The new law also did not avoid loopholes for abuse. Thus, representatives of human rights movements believe that the law does not clearly define the differences between "traditional" forest dwellers and "other" forest dwellers. This makes it possible for rich immigrants and mafia structures not only to legitimize the seized territories of the former Soviet Union. adivasi land, but also continue expansion. As for primitive and denotized tribes that do not have permanent settlements, the law puts them in the worst position. It is almost impossible for these forest dwellers, who do not belong to the "registered" categories, to prove that they have lived in this area for three generations, i.e. since 1930.

The new law, according to Ravi Rebbapragada, a functionary of the NGO Samat, "will cause unequal competition between primitive tribes, more developed tribes and "other forest dwellers"." "Instead of correcting a historical injustice, the law will further marginalize primitive tribes, as more developed tribes and other forest dwellers will benefit from it first." The law will contribute to "inciting controversy" in the tribal community, concludes K. Venkateshwarlu (2006-2007).

Achanta Prasad expresses doubts about the effectiveness of those provisions of the law that allegedly expand the powers of self-government bodies adivasi. The law removes power from traditional businesses panchayats, based on the community-territorial principle (hamlet based), and passes it to the official ones (statutory) general village services panchayatam. In settlements with a mixed population, these are panchayats "they are at the mercy of high castes", and they, as is well known, do not have any sympathy for the state. adivasi. The fact that the village solutions are panchayats However, the fact that they are not subject to approval by higher - level mixed committees only increases the possibility of corrupt influence on their work by the very forces that are interested in seizing land and infringing on the rights of tribes [Prasad, 2006-2007]. Thus, the 2005 Law did not put an end to the solution of the tribal problem. It only marks a new stage in the struggle - both in the field of lawmaking, and (especially!) in the field of law enforcement.

* * *

In a parliamentary democracy, the problem of tribes cannot be solved otherwise than by joint efforts of both the State and civil society. But to unite public forces in defense of human rights adivasi prevents immaturity. adivasi, the deep moral and structural crisis that most tribes are experiencing, the systematic outflow of their intellectual and socio-political elite, and traditional tribal discord. It seems that society as a whole is not ready to give up its interests in favor of those whom it is accustomed to consider lower-order beings, whom influential interest groups see as an obstacle to achieving their goals.

And yet the activity itself adivasi, taking on a sometimes threatening nature for society and the state, the maturation of Indian civil society has a certain impact on the course of solving the tribal problem. The Law of 2005 "On Scheduled Tribes and Forest Dwellers (On Recognition of Forest Rights)" was a major step forward in this regard, as it recognized and consolidated the right of POS to use forest resources, and prohibited SGON adivasi from the land, their forced eviction and relocation. It has increased the role of local governments in managing forest land. But all those who stand on the side adivasi, waiting for a sharp struggle for

page 64
elimination of loopholes in the Law for abuse, as well as for its consistent implementation.

There is also no doubt that further progress in addressing the tribal issue is closely linked to the development of civil society. First of all, with the unity of ourselves adivasi, with their transformation from an object to a subject of politics. But, as life shows, much will depend on the development of society as a whole and, first of all, on the growth of its civil legal awareness.

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