We must learn from tribal societies: Former NCST chief Harsh Chouhan

Erstwhile head of the National Commission for Scheduled Tribes says tribal knowledge is key to tackling environmental and social crises.

Harsh Chouhan strongly feels that the NCST has a huge potential to serve as a platform to nurture leadership among tribal youth. | Photo Credit: By Special Arrangement

Despite numerous progressive constitutional provisions, Adivasis continue to endure a lot of marginalisation. They account for 8.6 per cent of the nation’s population, as per the 2011 Census, but a staggering 40.6 per cent of them live below the poverty line. Historical injustices dating back to the British Raj, exacerbated by the post-Independence top-down development approach, have relegated them to the margins. Over the past 50 years, development projects alone have displaced some 50 million people—over 40 per cent of them from Adivasi communities.

To tackle these challenges, the government established a separate Ministry of Tribal Affairs in October 1999. Subsequently, the National Commission for Scheduled Tribes (NCST), a quasi-judicial constitutional body, was created through the Constitution (89th Amendment) Act, 2003. Article 338A of the Constitution obligates the Central and State governments to consult the NCST on all policy matters impacting STs.

In February 2021, Harsh Chouhan became the sixth chairperson of the NCST for a three-year term. Under his leadership, the NCST proactively batted for Adivasi rights and questioned policies and projects that compromised their interests. However, he resigned in June 2023, eight months before the end of his term.

In an interview, Chouhan spoke about several critical issues that imperil the lives and shape the world-view of the Adivasis. Excerpts:

When you became the chairperson of the NCST, what was your vision to counter the systemic marginalisation of Adivasi communities?

Since the mid-1980s, I have been working with STs, closely witnessing their struggles and hardships. When I assumed the role of chairperson of the NCST, I saw it as a significant opportunity to drive policy changes and secure justice for the tribal people.

Despite the NCST being a potent constitutional body, its full potential has often been overlooked. There is widespread misunderstanding regarding its roles. It is frequently perceived as an adjunct to the Ministry of Tribal Affairs or, worse, an ineffective agency under government control.

Historically, the role of the commission has revolved around grievance redressal with limited societal impact. However, during my tenure, there was a notable shift in its function. The NCST operated independently from the government, akin to the judiciary, and held diverse and even contrary perspectives on policy matters.

The commission swiftly, objectively, and firmly expressed its opinions on new development projects and policies. For the first time, it even issued warrants to several senior government administrators.

We actively encouraged tribal communities to directly approach us with their common issues. Additionally, the commission took proactive measures, such as suo motu cognisance of issues based on newspaper reports and petitions from public and NGOs.

We diligently safeguarded the interests of tribal people across social, economic, educational, cultural, service, and political domains. In a relatively brief period, the NCST evolved into a dynamic body, empowering STs and protecting their interests.

Your father was a member of Parliament from Dhar constituency in Madhya Pradesh for 15 years. What motivated you to shift your focus from a potential political career to engaging in grassroots work with Adivasis?

In 1989, the BJP offered me the Lok Sabha ticket from Dhar, but I declined the offer. I believe politics imposes constraints on one’s freedom of thought and action, and it’s not a path I felt suited for. While I don’t discourage young people from engaging in active politics, I believe it should not be pursued solely as a means for personal gain at the expense of society.

In 1999, the BJP leadership convinced me that I could make a wider societal impact by representing tribal people in Parliament. Consequently, I contested the Lok Sabha election that year and lost by about 30,000 votes. Thereafter, I chose to stay away from active politics and dedicated myself entirely to the empowerment of tribal communities in Madhya Pradesh.

In 2020, I was informed that the leadership in Delhi was contemplating entrusting me with a significant responsibility. I conveyed that I was not interested in any decorative position and would consider it only if the role involved meaningful work. Frankly, I do not know why I was chosen to lead the NCST.

What was the most significant challenge you encountered during your tenure?

The NCST serves as a vital link between governments and STs. Its primary role is to monitor and investigate matters related to constitutional safeguards for tribal people and to advise governments on the planning, monitoring, and evaluation of socio-economic development programmes for these communities.

Unfortunately, this role often remains underappreciated by those in power, leading to considerable confusion within the bureaucracy about the commission’s mandate and responsibilities.

For instance, if any government or ministry, whether out of ignorance or other reasons, compromises tribal interests, it is the duty of the NCST to proactively flag the issues and protect tribal interests at all costs. This role should be recognised and respected.

Without diligently performing its core functions, the commission would be failing in its fundamental mission. The NCST is not a part of the government; it is independent. Maintaining this independence is crucial for effectively protecting the interests of tribal people.

What additional measures can enhance the effectiveness of the NCST?

One major shortcoming is the lack of an independent research team at the NCST. To provide informed policy recommendations, it is crucial to understand ground realities.

For instance, monitoring the implementation of the Tribal Sub Plan and assessing its impact in targeted areas require the commission to determine how funds are being utilised. This includes evaluating whether the allocation of funds is appropriate and ensuring they are used for the intended benefit of tribal communities rather than being diverted elsewhere.

The NCST requires a robust, well-equipped, and independent research team to enhance its capabilities in research, documentation, policy review, planning, monitoring, and evaluation. Furthermore, despite its mandate to address grievances, the absence of a law officer at the NCST severely hampers its ability to manage legal matters effectively. Appointing a law officer is equally crucial to empower the commission and ensure that it can fulfil its mandate effectively.

The NCST’s foremost responsibility is towards STs. To ensure its independence and freedom from undue political influence, the commission should have its own cadre. Appointments of the chairperson, vice-chairperson, and members should be based on merit and expertise rather than political considerations.

Appointing disgruntled politicians to these positions as a way to pacify them undermines the independence of the NCST and blunts its focus.

The post of NCST chairperson is a significant responsibility, particularly because it involves defending the interests of the country’s most vulnerable people. Therefore, appointments should be based entirely on individuals’ selfless service to tribal communities, their credibility, understanding of complex tribal issues, and their standing and acceptance within tribal communities.

Practitioners of colonial conservation often depict Adivasis as enemies of the forest and wildlife, leading to their forced displacement from ancestral lands. Tribal communities often struggle to obtain justice through legal channels. Has this issue drawn the NCST’s attention?

Tribal people are the best custodians of nature. They typically hunt animals solely for sustenance. In contrast, the so-called civilised societies have driven species such as tigers, rhinoceroses, and lions to the brink of extinction through hunting for sport and commercial purposes. Regrettably, sometimes even the judges of the apex court show a lack of sensitivity and understanding that clouds their judgment in matters concerning the rights of tribal people and forest dwellers, who are often unjustly portrayed as encroachers.

During my tenure, I proposed to the Supreme Court’s e-committee that a system of regular interaction be established between the Supreme Court and the NCST to better protect the interests of STs. This initiative aimed to sensitise the judges of the Supreme Court about the unique issues faced by STs, ultimately facilitating better access to justice for tribal communities.

Unfortunately, STs often struggle to secure justice from the courts due to inadequate representation in the judicial system and other important professions. To address this disparity, I suggested selecting outstanding ST students pursuing law and offering them internship opportunities at the Supreme Court. This proposal received support from the Chief Justice of India (CJI), who asked the NCST to identify 36 students who would intern with the Supreme Court judges and the CJI. We had nearly completed the preparations before I left the NCST; I am hopeful that the new commission will carry it forward.

I strongly feel that the NCST has a huge potential to serve as a platform to nurture leadership among tribal youth. By identifying promising individuals from tribal communities and offering them opportunities to work closely with the commission, we can provide them valuable exposure to policymaking and administration. This experience will empower them to represent and defend the interests of their communities.

You raised an alarm about the Forest Conservation Rules, 2022, and the Rs.72,000 crore mega project in the Great Nicobar, writing to the ministries concerned in September 2022 and April 2023, respectively. What concerns did you flag?

During my tenure at the NCST, I established multiple working groups to tackle pressing issues concerning tribal communities, such as the Tribal Sub Plan, the Provision of the Panchayats (Extension to Scheduled Areas) Act, 1996, tribal health, and financial inclusion of tribes. One such group was the “Working Group on the Forest Rights Act 2006 and other issues related to the Forest and Scheduled Tribes”.

With key domain experts as members, this group was formed to aid the commission in monitoring the implementation of the Forest Rights Act, 2006, and providing recommendations to the Centre and State governments. The working group, in collaboration with legal experts and civil society actors, scrutinised the new Forest Conservation Rules, 2022, which were notified in June 2022, and concluded that they would significantly undermine the rights of STs and other traditional forest-dwellers.

The commission received petitions highlighting concerns regarding the Great Nicobar mega project’s potential impact on the Shompen, a particularly vulnerable tribal group, along with the Great Nicobarese tribal people. In line with its mandate, the commission promptly communicated these concerns to the Ministry of Environment, Forest and Climate Change and the Ministry of Home Affairs, respectively.

Raising such concerns was crucial. If policymakers heed the NCST’s recommendations, it will greatly benefit the nation. Even complex issues like naxalism, which poses a serious threat to the country’s sovereignty, can be resolved if tribal people in affected regions develop trust in the system. This trust can only emerge when they perceive the system as fair and when they too reap the benefits of development efforts.

Access to electricity, healthcare, education, transportation, and communication is a desirable fruit of development.

However, it is essential to question whether what is labelled as development genuinely serves everyone. Will this notion of development also uplift the nation’s most marginalised people? This is a critical question that every policymaker should carefully contemplate.

At an afforestation initiative by Shivganga, co-founded by Harsh Chouhan. The Shivganga team lists potential sites for forest revival, and after rainfall in June and July, the community gathers for planting. | Photo Credit: WWW.SHIVGANGAJHABUA.ORG

Shortly after initiating an inquiry into the Great Nicobar mega project, you suddenly resigned in June 2022. Your departure was seen as a significant setback. Even Jairam Ramesh, for instance, tweeted: “He has paid the price for his commitment and courage.” Why did you resign?

I joined the NCST without harbouring any personal aspirations for gain, privilege, or a political career. I remained at the helm of the NCST for as long as I believed I could contribute positively to the lives of tribes.

You belong to the Bhil Adivasi community. In 2007, you co-founded the Shivganga Samagra Gramvikas Parishad, popularly known as Shivganga, in Madhya Pradesh’s Jhabua district, for the empowerment of Adivasis. Could you share a bit about Shivganga’s journey, highlighting its successes and challenges?

In the name of development, outsiders have frequently caused more harm than good to tribal communities. One such example is Jhabua, a predominantly tribal district plagued by high rates of poverty and illiteracy.

In the early 2000s, I started organising tribal communities to create a common platform where the youth could come together to discuss and seek solutions to the challenges facing their society.

We began organising three-day camps, initially with just 32 Bhil youths, but soon the numbers surged.

These camps focussed on in-depth discussions about swayam ka dukh [personal sorrows] and gaon ka dukh [village’s collective sorrows]. Through these discussions, they realised that their personal and social challenges were intertwined and could not be resolved at an individual level.

We identified water scarcity as the root cause of many issues in Jhabua. Our greatest challenge was how to mobilise a large number of people to collectively conserve water without relying on government or NGO support.

We leveraged the spiritual beliefs of the community, which served as an excellent unifying force. The Bhils hold a deep reverence for Lord Siva and enthusiastically celebrate Mahashivratri. Inspired by the legend of Bhagirath, who, through his penance, pleased Lord Siva and brought the Ganga from heaven to earth, we named our movement Shivganga.

The Bhils have an ancient tradition called Halma, founded on the principles of reciprocity and cooperation.

When an individual or family faces a crisis beyond their ability to overcome alone, they invoke Halma, which prompts others to selflessly come to their aid. This practice was dying out. We not only revived it, but we also made it the cornerstone of Shivganga’s ethos.

At the core of Shivganga’s mission lie the fundamental issues of jan [people], jal [water], jangal [forest], jameen [land], janwar [animals], and nav vigyaan [new science/ appropriate technology]. Thanks to the Shivganga movement, communities are now actively engaged in conserving their natural resources and preserving their culture through the practice of Halma in over 1,300 villages spanning Jhabua and Alirajpur districts.

Amid the contemporary social and environmental crises, where can the country find hope?

Our blind emulation of Western civilisation and disregard of indigenous knowledge has plunged us into major crises. We must actively protect and learn from tribal communities. Their diverse cultures and world-views serve as vital bridges to achieving environmental sustainability and social justice for the nation.

Ajay Saini is an assistant professor at the Indian Institute of Technology Delhi. He works with remote indigenous communities.