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Introduction
Major Back to main site
Major Activities
Micro to Macro
Present Activities
In the late 1970s a group of vibrant and enthusiastic youth in Dehra Dun district started development work in the tribal area of Jaunsar-Bhawar in the U.P. Hills. Their main thrust was on empowering the tribals and help them in getting their dues, with special focus on Women, Land and Youth.
The Kendra is not litigious by nature but there have been incidents and instances during the past few years which have pushed RLEK into the direction where we had to work as active catalytic agents - striving to make these marginalised people understand the meaning of basic law, first information reports and how to face the might of organised forces that are corroding society under the garb of political and financial influences. We have assisted these marginalised sections of society particularly in the backward areas : freed bonded laborers - young men and women of Scheduled Castes and Tribes, and also rescued women from red light areas. These have been our target groups and we have striven to provide them with some legal and development assistance in whatever shape possible. Alongside, adult education, legal literacy, knowledge about day to day laws as well as progressive laws were also imparted. With this work the seeds of Rural Litigation and Entitlement Kendra (RLEK) were sown.
The primary aim behind this body was to get the under privileged their due. Legislation's are passed by the dozens to help the poor, the downtrodden and the underdeveloped, but somehow the results do not show themselves and, the legislation's remain on paper only. Having passed a piece of legislation everyone sits on it wishing the malady to vanish as if the medicine has the capacity of self application. It was conveniently forgotten that medicine like a healing ointment has to be properly and in adequate doses carefully applied by the physician. And, the medicine has to be without adulteration. Hence, RLEK began with the objective of getting the underprivileged their due. The aim was to get them whatever was legally due to them. Thus, the first recourse was through legal remedy. But, if legal remedy was non available, we aimed to force the government to bring out new laws to further our cause. For this we also organised the poor.
Our first efforts were in the tribal area of Jaunsar Bhawar as mentioned earlier. While working there, we realised that a lot of them were landless and that the bonded labour system was rampant. Besides this there was a lot of resistance to any work taken up by voluntary workers. We did not let this deter us. We realised there were not enough laws to prevent the anathema of bonded labour. We started in real earnestness and raised the issue of bonded labour. Legal remedy had failed us. We forced the government to pay due attention to this fact. Finally, in 1976 we could lobby successfully to make the government pass the Bonded Labour Abolition Act.
Objectives:
By now, we had realised that legal remedy was not a panacea to the problems. Not only were the laws insufficient, even the awareness amongst people was surely lacking. After having discovered this we formed our objectives which are: -
1. To work on the economic and social problems of the poor and disadvantaged particularly women by helping to bring into existence groups and organisations of the poor and disadvantaged particularly in the rural areas.
2. To conduct continuing, functional, liberating educational programme, particularly for the under privileged sections of society.
3. To highlight problems, concerns and need of the poor.
4. To work for conservation, environment enrichment and to protect the environment and spread Environment Awareness.
5. To work for Social justice, legal aid, legal awareness and entitlements of the deprived section of the society.
6. To make the people aware and to bring out consciousness among them through the preparation of para-legal workers.
7. To mobilise people to ask for their rights both through legal and through human considerations.
In our enthusiasm, we started working towards these objectives without getting ourselves registered as a formal body. In this duration, we filed many cases from local to the highest courts of the country. The response of these courts was every encouraging and we were accepted as public interest litigants and as advocates for common cause.
We fought not only for communities but also for individuals, and in the courts we won almost all the cases. Even in cases where there was no legal provision (though there were constitutional rights) the government was forced to pass new Acts in accordance with the decisions of various courts. As mentioned earlier we did not stop at just getting the Act passed. We had to organise and mobilise the people by bringing awareness to them. Our perseverance brought about a countrywide awakening on these issues. Various issues we dealt with led to the promulgation of the Bonded Labour Abolition Act of 1976, Environment Protection Act of 1986, Narcotics and Psychotropic Substances (NDPS) Act, Citizens Rights in Air Pollution Act etc.
Even though we were not a registered body, the highest court of the country had this to say about RLEK in its order on the Mussoorie Lime Stone Quarries case: -
"We must place on record our appreciation of the steps taken by the 'Rural Litigation and Entitlement Kendra'. But for this move, all that has happened perhaps may not have come. Preservation of the forest and keeping the ecological balance unaffected is a task which not only governments but also every citizen must undertake. It is a social obligation and let us remind every Indian citizen that it is his fundamental duty as enshrined in Article 51 A(G) of the Constitution".
Signed -
[P.N. BHAGWATI]
CHIEF JUSTICE
Supreme Court of India
New Delhi
December 16, 1986
Signed -
[RANGANATH MISHRA]
JUSTICE
Legal Status:
RLEK was registered on 6/2/1989 under the 'Societies Registration Act' of 1860. In November, 1991, it was registered under FCRA in the Ministry of Home Affairs, Government of India. 'RLEK' was also notified by Ministry of Finance, Govt. of India Under Section 35 AC of Income Tax-Act which provides for entitlement to our donors for 100% Income Tax deductions on their contributions to us.
Following is a brief summary of our major activities in the past and concerns for the future.
Saving the Valley, Right to Life
The Doon Valley once had an abundance of limpid water streams emanating from the lime stone aquifers. The abundant growth of bushes held the soil together. But unscientific mining and the unbridled cutting of trees had wrought havoc with vegetation and destroyed the ecology. Owing to the earlier perennial supply of water in streams and other reservoirs, most of the villages suffixed their names with 'pani', meaning water and roads named after canals. Thus, Gucchu Pani, Jhari Pani, Nala Pani, Khatta Pani, Karua Pani, Meetha Pani, East Canal Road, West Canal Road, Bijapur Canal Road, Rajpur Canal Road etc. Both Ganges and Yamuna tributaries, numbering around 70, continued to suffuse the valley. The Doon Valley used to receive sumptuous rain during the season: the tree roots helped to store the water and the lime stone helped to form aquifers. The stored water was released in a continuous process and the streams, even without the support of melting snow, provided perennial supply to the Yamuna. Assured of such supply, the twin cities of Mussoorie and Dehra Dun grew. Lower down, hundreds of villages and small towns had also sprung up.
Lime stone mining operations in the Doon Valley became wide- spread during the decade between 1955 and 1965 and many of the leases were granted in 1962. In the decade after 1965, the depredations of mining began to be felt. Peace and tranquillity of the valley was gone. Trees were felled at random and lush green forests disappeared. Blasting affected and shook up the hills. The Rocks and spree rolled down and killed or injured the cattle, damaged the cultivable lands and adversely affected the villagers. The natural beauty of the Queen of the hill stations was no more to be seen. With the felling of the forests, rains became less. With the trees gone and the lime stone dug out, the aquifers ceased to exist. The streams got blocked by scree and stones and the flow of water was substantially reduced. Tourist traffic was adversely affected. Irrigation was no more possible. The tributaries no longer fed the Yamuna sufficiently. Dehra Dun experienced scarcity of even drinking water.
The Valley, by the turn of the eighties had not only lost its natural beauty but had become prone to land slides, flash floods, water shortages, rising temperature and failing crop production. In short it was a chilly forerunner of what the damaged Himalayan Eco system would gradually wreak on the entire Indo-Gangatic Plain.
We not only awakened the citizens of Doon Valley but pressurized the government, and moved the highest court of the country to save the valley.
The lime stone quarries case fought by the Rural Litigation and Entitlement Kendra in Supreme Court is the first ever environment case in the country before the Supreme Court. Few public interest law suits generated as much concern and curiosity as our petition No.8209 of 1983 in the Supreme Court. During the 5 year period from July 14, 1983, when the court directed registration as a writ petition under Article 32 of the Constitution (Right to Life) the petition from Rural Litigation Entitlement Kendra, to August 30, 1988, when the final judgment was pronounced for closing of the 101 mines in the area the controversial issue of economic development and ecological and environmental preservation was subject to the most incisive examination. This was the first event of its kind in India, if not in the world, where a fierce legal battle was fought between the affected citizens on the one side and the rich lime stone contractors, powerful industrialists and the government on the other bringing "into sharp focus the conflict between development and conservation".
This case had been argued at great length not only because a large number of leases of lime stone quarries were involved and each of them had painstakingly and exhaustively canvassed his factual as well as legal point of view but also because this was the first case of its kind in the country involving issues relating to environment and ecological balance and the questions arising for considerations were of grave moment and significance not only to the people residing in the Mussoorie hill range forming part of the Himalayas but also in their implications to the welfare of the generality of people living in the country. It brought into sharp focus the conflict between development and conservation and served to emphasise the need for reconcile the two in the larger interest of the country. Voluminous material was placed before the court and the momentous issues raised for decisions.
It is very interesting to note that the arguments used by RLEK before the Supreme Court while fighting this case were on almost the same lines as much later used in the Rio World Conference in 1992.
After having won the historic environmental battle at the Supreme Court we decided to harness the energies of the youth to rejuvenate the abandoned mines and denuded foot hills with the voluntary help of the local Volunteers as well as from the entire country. It was a big leap towards the restoration of ecological plans of Sahastradhara springs in Dehra Dun district.
The local schools and colleges of Dehra Dun quickly and enthusiastically responded to the appeal of ``RLEK'' for help in replanting entire valley and the surrounding hills from the smallest municipal school to the prestigious public school, girls and boys came in organised batches to dig pits, plant saplings and fencing in the area where necessary. From Hoshiarpur, Rajpur, Rampur, Badayun, Pauri and Bilaspur youth poured in batch by batch: eager youngsters, exposed for the first time to man made devastation, with a chance to do something about it. A total of 5.01.181 saplings were planted by the young people themselves.
For children, eager to know the `whys' of everything, this was a practical lesson in ecology, supplemented by slide shows and talks from experts in the field. They learnt what can happen to the land when tree cover is removed, when topsoil is washed away, and how a once fertile valley can become an eroded desert. They learnt what can happen to a country that does not protect its forest cover. In India, we are already very close to what happened in Ethiopia. If destructive mining and unchecked exploitation continue by the turn of this century, India would be doomed.
ARC cement factory and other such factories located in Dehra Dun district were causing serious damage to the health of the people and trees, through the noxious emissions from the factory. Although the U.P. Pollution Control Board had withdrawn its permission to the factory to continue production because of its failure to comply with the Pollution Control Rules, and despite the Prime Minister's personal intervention, the factory continued to blow out clouds of smoke that obliterated visibility in the area and choked the lungs of its citizens.
For urban dwellers, choking over the increasingly polluted air of our cities, there was practically no avenue available in the existing laws to prosecute those who were polluting the air. Air Prevention and Control of Pollution Act., 1981 did not allow any remedy to an individual citizen aggrieved by polluting industry. The Act provided for prosecution of the unit by the State only if it fails to meet the Latter's specifications. Only the State government was empowered to do so. This was grossly inadequate.
So we successfully went from lower courts to the Supreme Court of the Country demanding the polluting factories closure on the grounds that it was violating the Fundamental Rights of the local people under Articles 19 and 21 (Rights to Life and Personal Liberty of the Constitution). The Supreme Court's decision in this particular case was a tremendous bearing for enabling any citizen to file a case against a polluting unit irrespective of whether the unit is complying with or violating specifications of the Air Pollution Act. The polluting units were also closed by the court's order on the intervention of RLEK. We did not wait for a factory to kill 4,000 people before shutting it down throughout the country. ARC Factory has been shifted to other less fragile area by the Supreme Court Order No.(S.C.No.8177181).
Controlling the Drug Trafficking and Illegal Cultivation of Poppy
In the tribal areas of Dehra Dun, illegal Poppy was being grown in a large scale in 80 tribal villages of this district since a very long time. Political and other influential people of the area were also involved in this illegal trade. Poor tribals were being encouraged to grow illegal poppy without any permits and were not getting any financial benefit but the big smugglers were getting lot of wealth and also causing health problems through drug addiction, in national and international area. The RLEK took cudgels against this and not only got the farms of the big landlords and influential people raided but also got them prosecuted including a very influential Minister in the state government. For that we had to go even up to the High Court of the State (suit No.572 of 1987) and Case No.2664 of 1986) in the Chief Judicial Magistrate's Court. That time there was only provision of maximum three months imprisonment for such heinous crime and it was a bailable offence. Through this exemplary case, we compelled the government successfully to bring out the new Act with a very severe punishment and fine. The "Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. 1988". Illegal Poppy growing is completely stopped in the area and the poor tribals have started growing alternate crops. But much more has to be done to help the farmers in moving to the alternate agriculture produce and its marketing. Thus we saved thousands of young lives and families from drug addictions, health hazards and resulting delinquent behaviour.
Bonded Labour & Its Emancipation
In the past few years, the RLEK has been involved in trying to resolve the socio-legal problems of the Scheduled Castes and Scheduled Tribes. The disadvantaged in and around Jaunsar-Bhawar tribal area of Garhwal. In particular, it has worked in the following problem areas;
Whatever the intentions of the legislators and policy planners, all the measures for bringing the teeming millions of starving Indians into the national mainstream of life some how get watered down by the time they reach the grass roots and they become counter-productive. How else can one account for the grisly reprisal against the Scheduled Castes and other weaker sections by the influential land lords? This unequal fight for survival, a direct offshoot of social legislation, at times threatened to make life more irksome for the unfortunate whom the measures were intended to save. The role of RLEK for the downtrodden in the backward areas may not have proved a panacea for all the ills perpetrated on the unfortunate and the depressed but it is heartening that some of the educative steps in teaching the rudiments of legal steps have brought brilliant results. Ignorance of law has been the problem of the bonded labourers in many of our villages. Despite the well meant constitutional provisions enacted from time to time, "Barbarian practices", as Mrs. Gandhi called it, continue to persist.
When the ordinance of the abolition of the bonded labour was passed in 1975 the Act was published by all the leading papers in the country. However as was expected, the message and its meaning lost its impact by the time it reached the grassroots level. Its implications were understood by the big landlords and the high caste masters but they also ingeniously devised ways and means to outwit and circumvent the Act so that they may continue with their nefarious practice.
It was at this time that the RLEK vigorously undertook the enormous task of carrying the message of freedom and liberty to those unfortunate and illiterate bonded labourers who had never breathed freely in their lives since generations. Dozens of selfless volunteers of the Kendra distributed pamphlets and verbally educated them on the legal Act's meaning showing them a ray of hope in their miserable lives. It was a scene to remember. Tears rolled down their eyes and they kissed and touched the printed pamphlets to their eyes. They stored the leaflets with reverence like a holy scripture. Message of freedom from the clutch of shylocks and mercenaries was not less than the gospel of Geeta or Bible for illiterate bonded labourers. The Kolta youths were organised into groups which marched from one village to the other carrying the message of freedom traversing the difficult terrain. The message was conveyed to all possible places in the remotest area till it became common knowledge.
Various freed bonded labourers in this area were given land in 1976. They had pattas in their possession. However, many could not be given the land. In many cases they had been dispossessed right from the beginning and they never acquired possession of the land at all. The Kendra did a comprehensive survey of these dispossessed cases and prepared a docket of 128 instances. In some cases, they were granted land, which they tilled for sometime but which was taken away from them subsequently. In one case of Hari involving Khasra Sr.No.s46/2, 269, 140/416, a public water storage project was built on the land and no compensation or alternative land allotted. In practically every case of land acquirement for all our so called `development' projects the government has shown the most callous, biased and partisan approach making it quite clear who they really represent and it is certainly not India's rural poor. As for the Kolta tribals they are merely expendable in the scheme of things and an obstruction on our road to progress which must be swept aside. Resentment was simmering since they felt that the government had not been able to keep up its promises.
No land settlement had been done for over 50 years in the area. In some areas many lands have been wrongly entered so that the rights of those who have been tilling them for generations have been deprived or ownership have been given to the wrong person all this led to endless strive. Only one third land was settled and measured two third land was unsettled and unmeasured which was encroached upon by big landlords through muscle powers with the help of willing revenue officials. That was the reason why freed bonded labourers were not able to take the possession on the allotted land; so RLEK decided to go to the Supreme Court for the orders to the State Government for doing settlement and measurement in the area and facilitate the possession of the land to the freed bonded labourers. We got favourable orders from court and now measurement and settlement is being done and Bonded Labourers have started getting possession.
The extent of exploitation and bondage could be imagined by the fact that while some male members of a particular community in Uttaranchal and some part of Uttar Pradesh have to work as `slaves' their ladies are sent to the red light areas of adjacent districts." One of the major evils associated with this areas was the trafficking in women amongst Koltas. There used to be a regular flow to brothels but since quite sometime back the process has been stopped.
Unfortunately, though hundreds of girls have so far been rescued from the vice dens by efforts of RLEK there are no less than five hundred girls yet to find their way to freedom. The RLEK is doing its utmost to educate the fallen women so that they may gather Moral courage to stand against the evils of society. Many of these women are carrying heavy debts on them which prohibits their re-entry into a descent world. They are facing threats, torture and terror at the hands of gundas and the pimps of the trade.
At times RLEK is faced with myriad's of problems in rescuing these women. Sometime police is involved with the under world operators.
Since ages, the Koltas have been slaves and the so called upper castes of Brahmins and Rajputs dominated them and their stranglehold is constantly tightening.
Here again, we played our humble role. Rehabilitation of the freed bonded labourers is in itself a Herculean task. Since bonded labour is a phenomenon of the economic exploitation there are myriad's of hurdles even when a genuine effort, is made to rehabilitate the freed bonded labourers. The Koltas represent the aboriginal of the area. The population is about 19,000, representing 40 percent of the total population. Practically every single family of Koltas has been subjected to bonded labour.
There are great difficulties involving the socio-economic entitlement of people in the area in respect of rations; education facilities, health and other disbursements.
The RLEK intends to involve itself in all the areas, seeking to strengthen social mobilisation as well as to devise legal eco strategies where by litigation and entitlement the demand of the disadvantaged could be met.
The RLEK, keeping in mind the multifarious problems involved is striving hard to wage a socio economic war to educate the illiterate and the ignorant. They know something has been done by the Government to free them but some on e will have to tell them. They know they are entitled to land and subsidies and help but how and how much will have to be told to them. They are involved in cooked up crimes. They are now being told of their rights and privileges and we are doing our little bit. The results might not be that encouraging quantitatively but what ever has been achieved gives us immense satisfaction and national recognition.
Though RLEK's expertise lies in the area of nomadism it has undertaken various environmental and human empowerment programmes in past as well as in the present. It is notable that most of our successes were achieved despite the fact that the relevant Acts of Government had not been in existence at that time. For example - The Environment Protection and Conservation Act of 1986, the Bonded Labour Abolition Act of 1975, the Narcotic Drugs and Psychotropic Substances Act (NDPS) of 1988, etc. In almost all the cases in which RLEK was compelled to move the Courts the Supreme Court of India has noted the contribution of RLEK in its judgments. (Quoted above).
RLEK, over the years, has similarly persistently pursued programmes keeping the following initiatives in view:-
* Education, linked to traditional wisdom and reciprocal education.
* Encouraging greater awareness.
* Assistance to initiatives on the part of women.
* Participation of populations.
* Support to responsible NGO initiatives.
* Laws and rules.
RLEK builds on the strength and ability of marginalised people to learn and to grow and their ability to solve the problems that affect their lives. Education (including legal education), legal aid, organisation, technical and other skills are seen as essential to give people the "power of knowledge" needed to address the root causes of poverty, deprivation, inequality and exploitation.
RLEK has always believed in the fact that a holistic view is necessary to bring about solutions to the myriad problems that face the so long marginalised people of the world. Although each area has its own area specific problems yet in principle these problems are common among them. The story of the Van-Gujjars is a case in point. Due to RLEK's efforts for the benefit of the Van-Gujjars lakhs of nomads all across the country have today been included in the main stream of the electoral system. Similarly the pursuit to grant them management of their traditional lands has become a National issue involving all those who depend upon natural resources to maintain their sustainable development. This trend is seen to be very encouraging and has vastly improved RLEK's networking with NGOs across the length and breadth of the country.
Subsequent to the 73rd Constitution Amendment Act of 1993 the states had been directed to promulgate their State Panchayat Acts within a year and to hold elections within one year of that. Although the State Acts were promulgated within the stipulated period yet the elections in a number of states were not held. RLEK filed a public interest writ petition in the Supreme Court against the states of UP,HP, Orissa, Tamil Nadu and Bihar and the Union Government. The grounds for the plea were that the continuation of panchayats in these states well beyond the stipulated tenure of five years and no longer was not only violative of the Constitution but it also deprived a minimum of 33. 33 percent women and SC/ST and OBCs ( in proportions representative of their population), for whom provisions of reservations had been made in the Constitution, of their rightful place in governance.
The Supreme Court upheld the plea of RLEK and ordered these states to dissolve the illegally continuing panchayats and to order fresh election. All states have since held panchayat raj elections. The exception is Bihar, where the panchayats (continuing since 18 years) have been dissolved but fresh elections have still to be held.
At present RLEK is engaged in the following activities:
RLEK launched an innovative and unique Total Literacy Campaign under the National Literacy Mission for the forest dwelling semi-nomadic Van-Gujjar community living in the peripheral forests of Saharanpur of Uttar Pradesh, Dehra Dun, Hardwar, Tehri, Pauri and Uttarkashi Districts of Uttaranchal and Sirmour and Shimla Districts of H.P. This target population numbering 21,000 was totally illiterate then because of the exigencies of their environment and life style. The Community depends solely on their herds of buffaloes for their livelihood and for this they must live in the interiors of forests away from any contact with any educational programme.
Preparations for the programme started in late 1992 and the actual teaching began in November '93. RLEK, with the assistance of Literacy House Lucknow, prepared three primers, called `Naya Safar' (Part-One, Two and Three). These Primers incorporated the already existing traditional knowledge of the community and words from their dialect comprised the partial vocabulary of the texts. Illustrations were all based on their lifestyle and environment. The method of teaching adopted was the Improved Pace and Content of Learning (IPCL).
RLEK workers and Voluntary Teachers carried the literacy programme to the very doorsteps of the learners in so far as they lived for extensive time periods with the community in their forest lodgings. The clientele was very enthusiastic about this opportune programme and extended all boarding and lodging facilities to them. The volunteer teachers became part of the community itself for the duration of this programme. During the summer months a majority of the Van Gujjar community moves up to the high land pastures which movement takes about a month on the way up and the same on the way down. The Volunteer Teachers accompanied them on this arduous journey and stayed with them in the mountains, at places even just short of the snow line. This ensured a continuing process of literacy learning and prevented any recidivism. To-date 21,000 adults have acquired recognisable standards of literacy (they have successfully completed the three primers). These neo-literates are now participating in the post literacy campaign.
RLEK is very proud of its volunteer teachers who worked under trying circumstances for the duration. They were constantly under threat from wild animals (especially elephants), the Forest Department and the Milk Mafia (the department and the Mafia apparently consider the Van-Gujjars' literacy a threat to the clout they had been wielding all along).
Saksharta Melas were held in Mohand (district Saharanpur) to make an open assessment of the achievements of the neo-literates. On the 18th of April '94 and also on 26th March 1995, men, women and children of the Van Gujjar community came out of their forest dwellings in thousands to attend these 'Saksharta Melas" . In these 'Melas', organised by RLEK, the neo-literates exhibited their literacy skills to the scores of Journalists, Social Activists, Educationist and others who had come from far and wide. (Newspaper cuttings enclosed)
Syndicate Reports of the IAS Professional Course Phase-1 (1993-95 batch), at page 33, states:
"Accountability of Voluntary Organisations to the Public can also be exercised if they make their activities and achievements public. The press has a crucial role to play here as in the case of Avdhash Kaushal's Rural Litigation and Entitlement Kendra. Mr. Kaushal has been working in the Mohand area on a project to educate Gujjars. This project is financed by the Government of India. He, on 18th April 1994, organised, in Dehra Dun, a gathering of tribals and invited the public, press and independent, interested citizens to come and see for themselves, how well he had succeeded in his endeavour. This open accountability to all is commendable. It is specially recommended for voluntary organisations since they should not possess the rigidities and lack of transparency inherent in the Government and bureaucracy."
In May 1994 scholars from the SNDT University, Bombay, came to evaluate and assess the extent of the Van Gujjar neo-literates literacy skills. They stayed with the community for two months. Their assessment (according to their written report to the University) focuses on the rapidity with which the community had learned literacy and the enthusiasm they were showing for it.
We quote verbatim from their report:-
"Reasons for Success
Following are few reasons that have lead the literacy programme towards success:
1. Learning material centres around their culture, environment, needs, etc.
2. Dedicated young volunteers are working under threat from wild life and forest officials. Their work has to be appreciated by the entire nation.
3. There is a large thirst for knowledge among Van-Gujjars.
4. Van-Gujjars developed interest in learning because of availability of environment building through songs, drama, music, etc.
5. The important reason for the success of the literacy programme is continuity by trekking of volunteers during migration.
6. The chief characteristic of the campaign is the community involvement. The interest and enthusiasm shown by Van-Gujjars are to an extreme."
A batch of IAS repeaters from the Lal Bahadur Shastri Academy of Administration, Mussoorie is being attached to RLEK for training and evaluation of the neo-literates' skills.
Twenty One thousand Van Gujjar men and women have completed the three primers by the end of October 1995. Thus, we have achieved our target of declaring 21000 Van-Gujjars literate to date.
The Total Literacy Campaign not only raised the aspirations of the community for the education of their children but it also prepared them for persuading their children to take up children's education programmes. RLEK is running a primary school for the children at Dhaulatappar in Dehra Dun district. Another school has been built on similar lines at Mohand in Saharanpur District, though this school has a much larger campus and can cater to more children. The school at Mohund would be functional from October, 1998.
The 'Blue Star Van Gujjar Primary School' at Dhaulatappar has 48 children, more than half of them being girls, and three teachers. It has infrastructure facilities of three dome shaped constructions for classrooms, a prayer shed and a modern toilet and bath. Although these structures are 'pucca' (permanent) structures, yet, as they are covered with thatch as roofing they look the same as the Van Gujjars' own traditional 'dera' (hutment) constructions. It is provided with all material required for such a school i.e. chairs, tables, blackboards, cupboards, books, etc. as also that which is required by the teachers.
This school has the following unique features.
* In shape the construction of the classrooms is very similar to that of the children's own 'deras' (hutments). Parents of the children are free to come and sit at the back of the classrooms to not only see the progress of the children but also to give them psychological support as these children have never stayed away from their parents.
* Their uniform reflects the traditional clothes that they wear, like salwar - shirt and traditional 'krishna' caps for the boys and salwar-kameez and traditional 'chadarus' for the girls.
* Because they practise transhumance during summers, when they go up with their parents to the highland pastures, their holidays extend from May to August. However, the working days of the school are equal to, if not more, than those in other formal schools. The teachers are resident and this greatly facilitates this process. Although they have long summer holidays yet RLEK's Total Literacy Campaign (TLC) and Post Literacy Campaign (PLC) volunteers as well as the beneficiaries of these programmes ensure that the children remain in touch with their studies. This is to ensure that the children's nomadic life style is not effected. A modicum of home work is also given to them for this period.
* The medium of instruction in this school is variously Hindi, English and Gujjari (their own tongue).
* Not more than 25 children may attend one class and this makes it possible for the teacher to maintain constant eye contact and, therefore, to be able to give personal attention to each student. The teacher-student ratio is to always be 1:25 for this purpose.
* The contents of the books used are carefully designed to keep the students' own cultural traits intact as well as to keep them, as far as possible, within a familiar environment in order to improve and extend their concentration levels and periods.
* The environment of the school is fresh, open and natural because of its location next to the forest. Attention is paid to the children's mental and physical health, both.
The National Literacy Mission, Government of India, and UNESCO have shown their appreciation for Rural Litigation and Entitlement Kendra's (RLEK) innovative and experimental literacy and adult education programme for the nomadic forest dwelling Van Gujjar community by selecting it for the UNESCO - NLM Award, 1998. The Award was presented to the Chairperson of RLEK by the Hon'ble Union Minister of Human Resource Development, Dr. Murli Manohar Joshi at a function in New Delhi on February 4, 1999, in the presence of Director-General, UNESCO, Mr. Frederico Mayor.
RLEK has also been awarded a commendation certificate (along with a cash award) by the Rotary Awards for Service to Humanity (India) Trust, New Delhi, for this challenging experiment in adult literacy and child education. The citation reads, "On the occassion of Rotary India Award 1998 Presentation Function, Rotary Awards for Service to Humanity (India) Trust, New Delhi, is privileged to recognise and commend Rural Litigation and Entitlement Kendra, Dehra Dun (Uttaranchal) for their innovative and challenging experiments in Adult Literacy Programme and child education for the nomadic forest dwelling pastoral community of Van Gujjars in the foothills of the Northern Himalayas, thereby helping the beneficiaries to realise their rights and entitlements and equip themselves to work for the alleviation of their poverty." The award was presented at a special ceremony in Calcutta by Mr. Carlo Ravizza, President Elect Rotary International (1999-2000) and Mr. Luis Vicente Giay, the past President (1996-97).
The Chairperson, RLEK, Mr. Avdhash Kaushal, said that this recognition of its work in the field of literacy clearly vindicates their stand that sedentarization of nomadic populations is not at all necessary in order to provide them with the benefits of literacy and education. The Van Gujjar forest dwelling nomads live in a vast and rugged area in the foothills of the Siwaliks and migrate to the Himalayan highland pastures during the summers to heights upto 12000 feet above mean sea level. The teacher volunteers of the programme stayed with their students in the forests and also trekked up and down with them to and from the mountains to provide continuity to the programme and to check recidivism.
Before the legal education intervention was started by RLEK the Van-Gujjars felt themselves to be powerless, helpless and non-citizens of the country.
Legal education made them see themselves as citizens with fundamental rights. The community therefore demanded their rights of franchise. This created a problem for the Chief Election Commission because the Van Gujjars had no permanent address. The fact of homeless people across the country also being on the voters lists was pointed out which convinced the commission to give the location of the forest blocks where the Van Gujjar nomads live, as their address. They thus got themselves enrolled as voters. In this way the Van Gujjars became instrumental in developing a policy that was applicable to all the nomads across the country.
This further emboldened the Van Gujjar community to seek Scheduled Tribe status which the state government conceded and so recommended to the Central Government to enroll the Van Gujjars in the Scheduled Tribe list.
The Van Gujjars are solely dependent on the sale of buffalo milk for their survival. Earlier they sold milk through middlemen. These middlemen exploited them badly by paying them low prices for their milk and giving them loans at very high interest. This in effect, bonded the Van Gujjars to these middle men.
To break this chain of bondage RLEK made a series of interventions. It trained representatives of their families in animal husbandry and dairying skills and in milk fat testing. Animators were trained to interact with this group of families and enable them to open bank accounts (joint- husband and wife), and self help group accounts (government approved small group savings accounts). An alternative marketing system was started through the infrastructural support of a refrigerated milk van which collects milk from the members of the scheme and transports it to the urban centres nearby. This has resulted in their getting upto Rs 11 a litre of milk as against the earlier Rs 5 - Rs 6.
A plan to provide automatic milk vending units to support the milk marketing scheme are already way. Once these units are installed it would do away completely with the role of any middle agency and would establish direct links between producer and consumer, benefitting both.
The exigencies of their life style (forest dwelling semi nomads) have proved to be difficult for government agencies to carry any health programmes to the community. An exploratory initiative with a controlled group of migrating Van Gujjars (4000-5000) was carried to the community. This has created general awareness about health and hygiene amongst the beneficiary group. The people have become aware of wounds becoming infectious through exposure; water borne diseases; sanitation around water sources; consciousness about cleanliness of the body and domestic surroundings; cross transfer of diseases between humans and animals (domestic and wild). The group has now become very conscious of the immunisation of their children and family planning counseling and services.
Alongside the Van Gujjars' traditional use of medicinal plants and herbs is also being fortified. More than forty plants and herbs that have traditionally been used as medicines by the community have been identified by RLEK.
6. Community Forest Management of Protected Areas
Creation of protected areas, national parks, sanctuaries etc. are in the news world over because of endangered eco-systems, threatened wildlife and faulty bio-diversity conservation policies. India has followed the western oriented idea of notifying areas as national parks and sanctuaries under the "fence and protect policy" probably because of the enormous amounts of moneys to be handed over by western agencies to governments that would follow suit. As a result, traditional communities who have always depended on natural resources, mainly available in our forests, for their livelihood and needs are being evicted. This has resulted in centuries old traditional rights being all of a sudden usurped in the name of protection of eco-systems and protection of threatened species.
RLEK is convinced that only those conservation strategies which are community based i.e. which assign roles and responsibilities to people residing in & around protected areas, would serve the cause of environment protection and conservation much better than the present systems.
It is with this belief that RLEK has prepared a Community Forest Management Plan of Protected Areas (CFM-PA) of the proposed Rajaji National Park by the Van Gujjar community. This community is culturally homogenous; it is a tribal community; it has a high level of dependence on the forest for survival; it has low economic disparity; it has clearly defined forest use areas; it has a good perception of gender equity and involvement of women. This makes it an ideal community to undertake the implementation of the CFM-PA.
This plan is the first of its kind for protected areas and its acceptance by government and its successful implementation would not only have a strong and long lasting impact on the local tribal community but could also become a replicable model for the national and international tribal communities and the environment.
The foreword to the plan has been written by Mr. Justice P. N. Bhagwati, former Chief Justice of India and presently the Vice-Chairman of the United Nations Human Rights Commission. The plan has been submitted to the Prime Minister of India in a meeting he had called at the Raj Bhavan, Lucknow, on the 3rd of July, 1996. In the Rajya Sabha, on the 19th of July, 1996, in answer to starred question no. 145 with reference to this plan the Minister of State for Environment and Forests assured the House that "with the recent emphasis on involvement of local communities in protection and maintenance of forests in consonance with the national forest policy of 1988, the central government are in the process of making suitable changes in the existing forest laws, including Indian forest Act, 1927 and wildlife (protection) act, 1972. The government is making suitable changes in forest laws to allow involvement of local communities in protection and maintenance of forests."
On August 16, 1997, Prof. Saifuddin Soz, India's Minister for Environment and Forests, released the book "Community Forest Management in Protected Areas.. Van Gujjars' proposal for the Rajaji Area".
This plan, prepared with the close involvement of the Van Gujjars, includes proposals which aim to provide "a practical model of community forest management in protected areas (CFM-PA) in which local people are the lead managers and the Forest Department role is that of supporter and monitor and a specific, practical structure through which to implement CFM-PA in the Rajaji area which assures environmental protection while respecting the needs, rights and traditions of local people."
This plan says that so far van gujjars as well as other local people have been ignored in Rajaji Park area policies. The Van Gujjars have been the primary target of eviction as they live in the core area. The plan proposes that the Van Gujjars become lead managers of the core area while other groups have lead management roles in relation to the resources and areas that they use.
The plan carefully analyses six major ecological problems of this area (forest deterioration, depletion of ground cover, weed infestation, widlife problems, soil erosion and forest fires. It presents several studies and facts to challenge the official view which mainly blames the local people and their animals for most of these problems. It documents "past destructive forest management practices, present poaching and tree felling, and the extensive system of illicit fees resulting in over exploitation by local people, as the principal causes of ecological problems."
The plan shows that the ecological problems of the Rajaji Park area are "due to overall structural problems in the management system. The system must be re-structured with decision making authority placed in the hands of groups with the highest investment in forest protection."
The van gujjars are particularly suited for CFM-PA as they are a homogeneous closely knit group with "strong social and ecological values. They have clearly defined areas of forest use both as families and a community, plus a traditional and effective decision making structure to enforce regulations. They are specifically motivated, and request that they be given the opportunity to manage the forests." Some other groups of local villagers "are also motivated to take responsibility for management of minor forest produce resources and are explicitly requesting involvement."
7. UP Rural Water and Environment Sanitation Project
RLEK is working with twelve village communities in the district of Dehra Dun, under the Uttar Pradesh Rural Water Supply and Environment Sanitation (UP RWSES) programme. It is for the first time that such a scheme has been entrusted wholly to the communities with the NGO playing a supporting role. The selection of villages and planning of the scheme has been left totally at the NGO initiative in a participatory process with the communities. The communities would be responsible for the operation and maintenance of the schemes. The aim is to raise the living standards of the communities through health, environment sanitation, development initiatives etc.
8. Veterinary Health for Van Gujjars
RLEK provides veterinary cover to the livestock of the Van Gujjars. A number of Van Gujjar men and women have also been trained as para-vets. The programme delivers both curative as well as prophylactic treatment to the animals.
The facility is extended to them even during transhumance. An annual immunisation programme is carried out in the entire area in which they dwell to prevent the cross transfer of diseases between the livestock of the community and the wildlife.
9. Gender Equity through Panchayat Raj
The 73rd Constitution Amendment Act of 1993 introduced two major provisions with far reaching implications. These were, devolution of power to the people at the grass roots level and the political empowerment of women. RLEK has always worked for the empowerment of the marginalised people at the grass roots. Hence RLEK seized this opportunity to empower the women.
In the Garhwal region of Uttaranchal RLEK is training women elected representatives of PRIs These women had been motivated to contest the elections and not merely remain as pawns in the hands of their men. More than seven thousand prospective women candidates have been trained by RLEK in the Garhwal region. Besides, more than 2000 elected women representatives have also been trained. RLEK has also trained more than 60 NGOs working in the Uttaranchal and Himachal hill areas.
- RLEK
Rural Litigation & Entitlement Kendra
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