With Md Asghar Khan
On January 31, when the Directorate of Enforcement (ED) arrested former Jharkhand chief minister (CM) Hemant Soren—after a brief period of the alleged rumour that he has gone ‘missing’—political observers didn’t realise that it would take a new turn in Adivasi politics. But Soren made it apparent. While addressing the legislative assembly after his party secured a comfortable win in the trust vote, Soren said, “They can’t stand an Adivasi riding a BMW.” Notably, the ED had seized Soren’s BMW from his Delhi residence, when he was allegedly ‘absconding’ to avoid the 10th summons from the central agency.
However, this is not the first time Soren has been hounded by the ED since he took over as the CM in 2019. In 2022, it questioned him over a case of illegal mining and arrested his close aides, leading to speculation that the Governor might dismiss his government. Interestingly, these investigations started after Soren’s government passed the Sarna Code Bill in the state assembly in November 2020, which seeks a separate religion column for the Adivasis in the upcoming census. He also asked the Union government to include it in the Ninth Schedule to avoid judicial scrutiny.
Till now, neither has the Governor signed the bill nor has the Union government paid heed to the demands. Instead, in the recent past, the Union government has been found to be assertive about the Hindu identity of the Adivasis in every possible political space, including the Ram Mandir consecration ceremony. Addressing the nation after the much-celebrated ceremony, Prime Minister Narendra Modi evoked Ram as the central character to unite India. He also didn’t miss the opportunity to invoke Mata Shabari—presumably an Adivasi character in the Ramayana—whom Ram had recognised as equal.
If the politics of identity has taken centre stage, the implications of Soren in an alleged land-grabbing scam has paved the way for a deeper look into the rights-based politics of Jal, Jungle, Jameen. In an interview with Outlook, the current CM of Jharkhand, Champai Soren, asks, “Who is accusing us of grabbing land: those who use laws to take away our ancestral lands despite the Chota Nagpur Tenancy Act (CNT) and the Santhal Parganas Act (SPT)?” Since the formation of Jharkhand in 2000, the demand for the proper implementation of the Fifth Schedule, Panchayats (Extension to Scheduled Areas) Act, 1996, and the Tribes Advisory Council (TAC) has found resonance in Adivasi politics.
The prevailing political undercurrents centring on land rights and identity are all set to shape Adivasi politics in the coming days.
The struggle to safeguard the land and customary rights of the Adivasis culminated in the Pathalgadi movement in 2017-18, following the efforts of the BJP government to amend the CNT and SPT acts. Protesting against the amendments, villagers in Khunti district laid stones embossed with the constitutional rights of the Adivasis. A few of the villages also blocked roads, preventing the administration from entering what they call ‘independent zones’. However, the movement couldn’t survive for more than a few months as a police crackdown led to the arrest of hundreds of people and FIRs filed against thousands of protestors.
So, the prevailing political undercurrents centring on land rights and identity are all set to shape Adivasi politics in the coming days. A glimpse into the sentiments on the ground in Jharkhand and Chhattisgarh offers a much-nuanced picture.
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Around 100 km away from Khunti, where the politics of Jal, Jungle, Jameen still finds some resonance—at least in the village areas—Budu Oraon of Ekaguri-Tangratoli village in Lohardaga district wants nothing except funding for a Hanuman temple. Almost in tears while showing the Hanuman statue that they have been storing for years in a small room only with the hope that someday ‘Hanuman ji would find some space’, Oraon says, “I need nothing. No employment, no school or hospital. Give us funds so that we can construct the temple.”
Similarly, Munna, in his mid-30s, recalls how they celebrate Ram Navami and Hanuman Jayanti with long processions every year. On being asked whether they celebrated the consecration ceremony of the Ram temple, Munna says, “We lit up the whole village with diyas.” Offering prayers to Hindu deities like Ram and Hanuman in Ekaguri notably coincides with the presence of Vanavasi Kalyan Ashram (VKA), a right-wing organisation that has been operating in the village since 1969.
Talking about the historical role of the Ashram to ‘safeguard’ the Adivasis from the invasion of Christian missionaries, Raghav Rana, the secretary of the Ashram, says, “During the late 1960s, this part of the country suffered from a massive famine. In 1968, our leaders from the Sangh came here to distribute rations among the Adivasis and found that our people had been lured away by the Christian missionaries through different means.”
“I need nothing. No employment, no school or hospital. Give us funds so that we can construct the Hanuman temple,” says a villager in Lohardaga district.
During this time, malaria too was spreading fast and as there was no dispensary, except a Christian one, the Adivasis had to go there. “In the name of saving the people, the missionaries used to convert them. In 1969, Bhaurao Deoras, a leader of the Sangh, brought doctors from Maharashtra to treat the people. With the foundation of the dispensary and a students’ hostel, the Ashram started its journey in Chhotanagpur region,” adds Rana. This was the second Ashram after the one founded in Jashpur, Chhattisgarh, in 1952.
The Ashram has two objectives—first, to educate the Adivasis about their tradition and culture so that they don’t get easily lured away by the missionaries and second, to work for their religious emancipation. “We started schools under the name of Saraswati Shishu Vidya Mandir to educate the people who had earlier been forced to read the Bible in missionary schools. We also introduced a compulsory paper titled Sanskritik Gyan Bodh that teaches Adivasis about their ancestors and their glory. Adivasis are Hindus, and hence, part and parcel of our community. Ancient folk hero, Birsa Munda, used to wear the sacred thread (janeu). Tana Bhagats—a socio-religious sect—asks people not to eat meat or drink alcohol. What does all this symbolise?” asks Rana.
The Ashram now has 108 schools across Jharkhand. The National Education Policy (NEP), which Rana considers as the 'Sangh's biggest contribution to the education sector', will further strengthen the reading of histories through the evocation of great Indian leaders like Shivaji or Rana Pratap, he adds.
The Ashram has also joined hands with the ruling BJP in demanding the delisting of all Adivasis who have converted to other religions. Veteran BJP leader and former deputy speaker of the Lok Sabha, Kariya Munda, says, “Those who have left the traditional culture have left Adivasiyat and they should not be given the benefits of being Adivasis. So, the delisting is necessary.” Rana hopes that the Union government will start the delisting process in a couple of years after it gets a massive majority in the upcoming Lok Sabha elections. “Those who want to come back to the fold should decide quickly,” he warns.
Near the Ashram, standing in front of her humble abode, Sita Munda* says, “We have been participating in Ram Navami processions for decades, but we are Sarna. We celebrate Sarhul, Karma pujas and go to our Sarna Sthal. This time, ‘they’ gave us diyas, and we lit them on January 22.” When asked whether she has any idol of Ram in her house, she takes a pause and says with a smile, “You give us a statue and we will keep it as well.” Joining Sita in the conversation, Parul Munda*, says, “People follow Sarna here, and this is the reason why they failed to gather much in donations for the Hanuman temple.”
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Sarna is a very new identity marker for the Adivasis in the Jharkhand region. Though the Hemant Soren government, since the passage of the Sarna Code Bill in 2020, has been trying to make it a converging point for a broader Adivasi unity, it didn’t have much impact beyond Jharkhand and certain parts of Chhattisgarh, say Adivasi activists.
Sitting in his ancestral house at Ambatoli village of Lohardaga, a few km away from VKA-stronghold Ekaguri, Ramesh Mahli*, an Adivasi activist, says, “In the 1980s, Kartik Oraon, an Adivasi politician, came up with a book claiming that Adivasis are not Hindus. But at that point of time, such statements didn’t have much impact. It is only since the formation of Jharkhand, under the leadership of Chamra Linda and Bandhan Tigga, the movement started gaining both relevance and resonance.”
In the past few years, the Adivasis in the Jharkhand region have started identifying themselves as Sarna. However, this is not the case in the nearby states. “Each and every Adivasi community follows its own religious code, and it is not possible for any census mechanism to accommodate everyone,” says Geeta Shree Oraon, the former education minister of the Jharkhand government.
On November 12, 2015, the office of the Registrar General & Census Commissioner of India, in a letter (accessed by Outlook) to Devkumar Dhan, the then convenor of the Adivasi Sarna Mahasabha, said that it is impossible to designate different columns to multiple Adivasi communities like Sarna, Shiv Bonga and Tana Bhagats in the census.
Adivasis used to have separate ‘aboriginal’ columns until the 1931 Census, which was discontinued after Independence. However, separate columns for Adivasis were kept in the form of ‘Others’—the full form of which is ‘Tribal religion and other persuasions’, says Oraon.
But this too was withdrawn just ahead of the 2021 census, she adds. Outlook, while accessing the pre-test form of ‘Houselisting and Housing Census Schedule, 2021’, found that the seventh column of ‘Others’ had been removed. The other six columns for identification are Hindu, Muslim, Sikh, Christian, Jain and Buddhist.
Interestingly, the Jharkhand Academic Council, in its latest online application form for the National means-cum-merit scholarship scheme examination 2023-24, also gives no space to the ‘others’ column. “This is a desperate attempt to finish the Adivasis. If we are not counted, there will neither be any Fifth Schedule, nor any Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA) or TAC,” says Geeta Shree Oraon.
In the census, adivasis were earlier categorised under the column ‘others’. The column has now been removed.
However, ruling out Sarna as a separate religion, the mayor of the Ranchi Municipal Corporation and senior BJP leader, Asha Lakra, says, “Sarna Sthal is the place where we go to offer our prayers. How can you name a community by it? If I call you Mandir/Masjid as you go to these places for worshipping, how would you feel?”
Pointing out that as per Article 342/43, Adivasis are Hindus, Lakra says, “Apart from the constitutional demarcation, Adivasis have been worshipping Hindu deities for centuries. If you go to Anjan Dham in Gumla, where Lord Hanuman is believed to be born, a pahan (Sarna priest) conducts the prayers. In Luguburu Ghantabari in Bokaro, Santhals worship Shiva and Parvati. Soren himself goes to temples. So where is the difference? This is nothing but a divisive strategy.”
With reference to such places where Adivasis worship Hindu deities, Mahli says, “The Hindu religion doesn’t have any strict code and it allows anyone to mould their stories accordingly—only to accommodate them.” In Ambatoli village, where Mahli stays, there are several places where allegedly ‘Shivlings’ came out of the earth and temples were built. “This all happened because of the continuous efforts of the Sangh. They successfully made Adivasis believe in Hindu deities.”
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While the identity of Sarna and the alleged appropriation of Adivasis by the Hindu right-wing have gained momentum in districts such as Lohardaga and Gumla, in Khunti district, the prevailing political consciousness still reminds one of the contested constitutional rights of Adivasis. Their experience during the Pathalgadi movement has shaped their politics in a different way. Sometimes, the memory leads to despair, but at other times, it encourages a new political sensibility over the Fifth Schedule.
Sumana Bhingri*, in her late-20s, doesn’t feel like talking about the current Adivasi politics. Standing in front of her mud house in Gilikata village of Khunti district—the erstwhile centre of the Pathalgadi movement—she recalls how her early encounter with politics forced her to drop out from college.
Pulling her three-year-old daughter closer, she says, “After 2018, I couldn’t even go to college as police vans used to stand near my house and whenever I tried to leave, they followed me.” Looking casually at one of the remaining stones embossed with the message of Adivasi rights as enshrined in the constitution, Meera Bhingri*, intervenes, “We didn’t even know who did this. But the decision was passed by the Gram Sabha. We have been laying stones in the memory of our ancestors for centuries. We thought they would do something like that.”
However, the remnants of the movement that garnered massive national attention still haunts them. “Our Gram Sabha chief doesn’t receive calls anymore. He has stopped using a phone as the police bother him whenever they get a chance,” says Rita Munda*. Octogenarian Munda, along with her granddaughter, was also beaten by “Raghubar Das’ police” when they raided their villages.
While the anger against police repression is visible, there is not much sympathy left for the people who started the movement. As per media reports, the police have filed FIRs against at least 10,000 unknown people for blocking access to the administration and outsiders. Notably, when Hemant Soren came to power riding on the promise of safeguarding Adivasi rights and withdrawing the cases, there was a ray of hope. But in reality, it hardly materialised—except in a few cases.
Whereas the stones upheld the rights of Adivasis that are secured under the Fifth Schedule and are exempted from the general laws under Article 243(M) of the constitution, a few portions of it were not at all supported by those who could read it unlike Meera or Rita.
Across the Rani Falls that separates Badupudi from Gilikata, Godan Purti*, says, “Our village never supported Pathalgadi. They wanted to cut us off from the Indian government.” But wasn’t it a way to make Adivasis aware of their constitutional rights? Purti, who was recently chosen as the Gram Pradhan, adds, “They asked people to burn their Aadhaar and ration cards and we strongly opposed it. We have to learn to claim our rights within the domain of the Indian constitution only.”
Purti’s elder brother, who is currently the head of mauja (a group of villages), explains it further: “Adivasis in our localities are not educated. But still they participated in most of the activities where their presence was sought. But soon they realised that the deteriorating relationship with the state would ultimately affect them.”
While provisions to distance the Adivasis from the State bothered them, the evocation of Adivasi rights was necessary, believe activists. The power of Adivasis in the Fifth Schedule areas lies with the Gram Sabhas, but people are not aware of it, says Reshmi Horo*, an Adivasi activist based in Khunti.
However, Sanjay Nag, the deputy Gram Pradhan of Kamanta village that now comes under the Khunti Municipality after the implementation of the Jharkhand Municipality Act, 2011, points out how they stopped the block officers from carrying out a beautification project in the river.
“A few weeks ago, we found that the block officers and contractors came with JCBs and started pouring sand and stones. We immediately objected and asked them to come to the Gram Sabha for permission,” says Nag. The block officers, circle officer and even the SDO came to the Gram Sabha to take their consent. The villagers opposed the construction as it would have become difficult for their cattle to drink water from the river if the banks were to be cemented for beautification. “They basically told us that they were working only on gair mazrua land (GM or wasteland), but in reality, they were encroaching on Adivasi land as well,” adds the deputy village chief.
Though even any work on the GM land needs the permission of the Gram Sabha according to the Fifth Schedule, the urbanisation or marking them as a municipality area, takes away such rights. Adivasi activist Walter Kandulna, while referring to such urbanisation that gobbles up villages, says, “This has been going on for years now. They are trying to implement the municipality act in the rural areas to gradually take over the villages. If these areas are demarcated as ‘urban’, the Gram Sabha would not have much control over their own ‘development’ and would consequently be seized of their special status.”
The authorities, nonetheless, had to stop the beautification work as the Gram Sabha didn’t let it happen. Referring to the powers of Gram Sabha, Purti says, “If the NGOs or the government want to do any work in our village, they have to take our permission. It is our land and we will decide what we need. They wanted to install pipes under the Jal Jeevan Mission and we didn’t oppose that as we needed it.”
The power of the Gram Sabha stems from PESA, which delineates the provisions to extend the Panchayati Raj institutions to the scheduled areas, following the recommendations of Bhuria Committee in 1995. Extending the powers of the Gram Sabha in almost in every matter of governance, Section 4(D) of the PESA reads, “Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution.”
In 2014, the BJP won 27 of the 47 ST seats, but the number jumped to 31 in 2019. The BJP has now given special attention to the adivasis.
However, till now PESA has not been implemented in Jharkhand either in letter or in spirit, says Kandulna. Instead, the state government has passed the Jharkhand Panchayat Raj Act, 2001 (JPRA), under the Babulal Marandi government, which accommodates only a few of its provisions.
In 2021, Kandulna along with another Adivasi activist Robert Minz, filed a PIL in the Jharkhand High Court challenging the JPRA, saying that it dilutes the provisions of PESA. In Jharkhand, 135 blocks in 16 districts are currently under the Fifth Schedule. It consists of around 2,100 gram panchayats, which amount to 16,030 Gram Sabhas. Any area is declared under the Fifth Schedule by the Governor following the criterion set by the recommendations of the Dhebar Commission. In 1960-61, the Commission noted three criteria for the implementation of the Fifth Schedule—more than 50 per cent tribal population; compactness and reasonable size of the area; and, underdeveloped in nature.
Kariya Munda, however, thinks that the PESA rules could not be implemented in Jharkhand because the political leaders didn’t put much effort to overcome the overlaps with the CNT act that also provides the Adivasis with customary and land rights.
Section 46 of the CNT Act, 1908, prohibits the transfer of land of Scheduled Tribes/Scheduled Castes/backward classes. However, under Section 49 of the CNT Act, they can transfer land for industrial and agricultural purposes with the approval of the deputy commissioner. Citing the ambiguity, Munda says, “Had there been PESA rules, the Gram Sabha, panchayat and zila parishad would have been the approving authorities. But now the deputy commissioner has the privilege of doing so.”
Despite the Fifth Schedule, there have been several instances where the Gram Sabhas were not even consulted before land acquisition for ‘developmental’ purposes. Vinit Mundu, an Adivasi activist based in Chhattisgarh who works on the empowerment of Gram Sabhas, says, “There are several Sarnas (places of Adivasi worship), Masnas (graveyards) and agricultural land at places like Jamshedpur’s Baghbera Chhota Govindpur; West Singhbhum’s Sarjomda, Tikagar, Pradhantola; and Saraikela Kharsawa’s Jariati, Kuchudi, Narangbera, where land was taken away without the permission of the Gram Sabha.”
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However, the non-implementation of PESA in the Fifth Schedule areas is not the only concern for Adivasis. The recommendations of the Fifth Schedule—formation and proper functioning of the TACs—has become another issue for the Adivasis in Jharkhand. The TAC, as per the Fifth Schedule, must have 20 members, of which 15 must be from the legislative assembly, and the rest from community leaders recommended by the Governor in consultation with the state government.
The TACs existed in undivided Bihar and Madhya Pradesh from where Jharkhand and Chhattisgarh were carved out. However, Adivasi activists note that since the formation of the new states, TACs have become a medium for state governments to pass their schemes and fund developmental projects.
Ratan Tirkey, who was member of the TAC from 2015 to 2019 in Jharkhand, says, “The major issue with the TACs lies in the diversion of tribal sub-plan funds. The Jharkhand government receives around Rs 26,000 crore each year from the Union government budget for the development of the tribes through tribal sub-plans. But most of it is diverted for projects like roads, airports and other things.” The funds of tribal sub-plans have also been used to establish elite IAS clubs, instead of developing and protecting tribal culture, alleges Tirkey.
Kandulna, while talking about the TACs, points out how the body serves the political interests of parties in power. The distribution of power in the TAC in Jharkhand went for a further toss when in 2021 the Hemant Soren government framed new rules that allegedly curtailed the powers of the Governor.
“Earlier, under the rules of the Bihar government’s TAC, the Governor, as the custodian of the Fifth Schedule areas, had certain powers that have been clipped through the new rules,” says Tirkey. The new rule replaces the Bihar Tribes Advisory Council Rules, 1958. “The Governor represents the political interests of the Union government, and the TAC of the state government. So whatever the matter may be, the Adivasis would continue suffering,” notes Kandulna.
However, the special powers of the Governor with regard to the Fifth Schedule and the TAC can be seen in the latest development at Hasdeo forest in Chhattisgarh. In 2022, almost 200 heads of Gram Sabhas went to the Governor and submitted a letter saying that their signatures had been forged to show that they had consented to the cutting of trees for a coal extraction project that the government had allocated to a corporate giant.
Upon receiving the submission, the then Chhattisgarh governor, Anusuiya Uikey, ordered a status quo until a proper investigation is done. A few political commentators, though, think that Uikey intervened as there was a Congress government in the state at that time and she represented the BJP-ruled Union government, but there is no denial that it was a reprieve for the Adivasis for some time. However, the newly-formed Chhattisgarh government under BJP Chief Minister Vishnu Deo Sai has once again resumed the cutting of trees, triggering further protests.
Even with several limitations, the meetings of the TAC in recent days have had a formidable impact on Adivasi politics in Jharkhand. In 2018, when the Raghubar Das government amended the CNT and the SPT Acts, altering the rights of the tribals over their land, the TAC opposed it and subsequently, the then Governor Draupadi Murmu denied giving her assent, assuaging thousands of protesting tribals who were afraid of losing their hard-earned rights. During the last meeting of the TAC, under the chairmanship of former chief minister Hemant Soren in September 2023, it decided to form a sub-committee to look into the illegal transfer of tribal land to non-tribals.
Chhattisgarh-based social activist Vijayendra Ajnabi, referring to the significance of PESA, the Fifth Schedule and the TAC, says, “With the implementation of these rules and the proper functioning of bodies, Adivasis can become aware of their rights and protest against any violation. This, in turn, ensures that Adivasis get to preserve both their customary and land rights.”
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Amidst this contestation between identity politics and rights-based struggle, what is working in favour of the BJP? Eight-time BJP MP Munda says, “The Congress never gave us respect. Since 1970, when I became MP for the first time, I never saw the Congress party recognising Adivasis. But in the Jana Sangh, we always had a space. Adivasis went with the Jana Sangh because of the respect they received.” Echoing similar sentiments, Mahli says, “My cousin is now one of the known Sadhus in this region. What he has got is unprecedented respect and recognition.”
If respect is one of the major points for Adivasis to gather around the BJP, the other aspect is representation. Senior political journalist of Jharkhand, Manoj Pandey, while talking about Adivasi voting behaviour, says, “They mostly vote en bloc. And when they find any leader from their community fighting elections, they would prefer to support them. The BJP’s decision to nominate an Adivasi woman, Murmu, for the first time as the President of India has resonated well within the community.”
The reference to Murmu even came up in the PM’s speech during the motion of thanks in Parliament. Reminding the opposition of how they opposed an Adivasi woman president, he said, “Your opposition (to Murmu) wasn’t for ideology. You were opposed to an Adivasi woman.”
But why is the ruling party lately wooing Adivasis? Pandey says, “Both in the 2014 and 2019 Lok Sabha elections, besides the assembly elections, Adivasis supported the BJP in massive numbers. At that point in time, the party didn’t put any effort. But now they have given special attention to the community.” In 2014, the BJP won 27 of the 47 ST seats, but the number jumped to 31 in 2019.
However, mayor Lakra, who is also deputy-in-charge of the BJP in West Bengal, thinks that it is the welfare schemes of PM Modi that have pulled the Adivasis towards the party. “The Ujjwala Yojana has given them cylinders, the Pradhan Mantri Awas Yojana has given them shelter, and PM SVANidhi scheme has helped them to build their own small-scale businesses. So, Adivasis want to be with those who work for them. And thus, they are now with the BJP,” she says.
So, is the political future of Adivasis tied to the BJP? Oraon notes that it is too early to say so. She is of the opinion that the identity-based movement would take a new shape in the coming days and would lead to a broad Adivasi resurgence if efforts to strip them of their identities continue in an unabated manner. Nevertheless, Jharkhand Chief Minister Soren thinks that the Adivasis might go for some time but “they would be back soon”.
Away from these streams of ideologies that struggle to take over the future of Adivasi politics, in the interior village of Gilikata, Bhingri looks confused. “I haven’t read that much to know about our constitutional rights, but what I know is whatever happened with me is wrong. I wanted to finish my education.” The stone engraved with the evocation of rights stares at her—blank and pale.
(*Names have been changed on request)
(This appeared in the print as 'A Contested Future')
