Kerala Tribal Families Live in Plastic Sheds 7 Years After 2019 Flood

11 Sep Kerala Tribal Families Live in Plastic Sheds 7 Years After 2019 Flood

✎ The prolonged displacement of tribal communities post-disaster is a governance failure requiring integrated implementation of the Disaster Management Act, 2005, Forest Rights Act, 2006, and targeted welfare schemes like PMAY-G…

Subject Relevance — Where This Topic Fits

• GS Paper II — Governance, Constitutional and Non-Constitutional Bodies  |  GS Paper III — Disaster Management  |  GS Paper IV — Ethics and Integrity in Governance
• Prelims: Paniya tribe, Chaliyar river basin, Disaster Management Act, 2005, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, National Disaster Response Force (NDRF), Pradhan Mantri Awas Yojana – Gramin (PMAY-G), Integrated Tribal Development Programme (ITDP), Forest Rights Act, 2006
• Essay: The ethical imperative of equitable disaster recovery: Balancing environmental conservation and human dignity, Governance challenges in post-disaster rehabilitation: Lessons from tribal communities

Quick Revision: The prolonged displacement of tribal communities post-disaster is a governance failure requiring integrated implementation of the Disaster Management Act, 2005, Forest Rights Act, 2006, and targeted welfare schemes like PMAY-G, with a focus on inclusive planning and inter-departmental coordination.

Why is this in the news?

The prolonged displacement of 26 Paniya tribal families in Vaniyampuzha, Malappuram district, Kerala, seven years after the 2019 floods, highlights systemic failures in post-disaster rehabilitation, particularly for vulnerable tribal communities. The absence of permanent housing, inadequate infrastructure, and continued reliance on makeshift shelters underscore the intersection of disaster management, tribal welfare, and governance inefficiencies. This case exemplifies the challenges in implementing the Disaster Management Act, 2005, and the Forest Rights Act, 2006, in ecologically sensitive and socio-economically marginalised regions.

Background

• In August 2019, unprecedented floods in Kerala, exacerbated by heavy monsoon rains and riverine overflow, devastated the Chaliyar river basin in Malappuram district, submerging the Vaniyampuzha tribal hamlet and destroying critical infrastructure, including bridges and homes.
• The Vaniyampuzha hamlet, predominantly inhabited by the Paniya tribe—a Particularly Vulnerable Tribal Group (PVTG)—was declared unfit for habitation due to the risk of landslides and recurrent flooding, forcing the community to relocate to forested hill slopes.
• The floodwaters severed connectivity to neighbouring hamlets (Tharippappotti, Thandankallu, Iruttukuthy, Kumbalappara), isolating communities and disrupting access to essential services such as healthcare, education, and markets.
• Bamboo rafts became the sole means of crossing the swollen Chaliyar river, posing severe risks during monsoons, particularly for vulnerable groups such as pregnant women, children, and the elderly.
• Despite the passage of seven years, no permanent rehabilitation measures have been implemented, with the community continuing to reside in plastic sheds under precarious conditions, including exposure to wildlife and lack of basic amenities.
• The case reflects broader systemic issues in India’s disaster management framework, where marginalised communities—especially tribal groups—face protracted displacement due to gaps in policy implementation, inter-departmental coordination, and resource allocation.

Post-Disaster Displacement and Rehabilitation of Tribal Communities: Key Concepts and Framework

• **Disaster Management Act, 2005**: Enacted to provide a legal and institutional framework for effective disaster management in India, mandating the preparation of National Disaster Management Plans (NDMP) and State Disaster Management Plans (SDMP). The Act emphasises preparedness, mitigation, response, and recovery, with provisions for the rehabilitation of affected communities.
• The Act establishes the National Disaster Management Authority (NDMA) at the national level, State Disaster Management Authorities (SDMAs) at the state level, and District Disaster Management Authorities (DDMAs) at the district level, tasked with coordinating disaster response and rehabilitation efforts.
• The Act also mandates the inclusion of local communities, including tribal groups, in disaster preparedness and rehabilitation planning, recognising their traditional knowledge and vulnerability to climate-induced disasters.
• **Forest Rights Act, 2006 (FRA)**: A landmark legislation that recognises the rights of forest-dwelling Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) over forest lands and resources they have traditionally inhabited and conserved.
• The FRA provides a legal framework for the rehabilitation of tribal communities displaced by natural disasters or developmental projects, ensuring their right to resettlement and alternative livelihoods in areas deemed safe and habitable.
• The Act mandates the preparation of individual and community forest rights (CFR) titles, which can facilitate land allocation for rehabilitation purposes, particularly in ecologically sensitive zones.
• **Particularly Vulnerable Tribal Groups (PVTGs)**: Designated under the Dhebar Commission (1973), PVTGs are tribal communities with pre-agricultural levels of technology, low literacy, and stagnant or declining populations.
• **Disaster-Induced Displacement**: A global phenomenon where communities are forcibly displaced due to natural or man-made disasters, often leading to protracted displacement if not addressed through robust rehabilitation policies. In India, such displacement disproportionately affects marginalised groups, including tribal communities, due to their socio-economic vulnerabilities and limited access to resources.
• The **Sendai Framework for Disaster Risk Reduction (2015-2030)**, adopted by the UN, emphasises the need for inclusive and people-centred approaches to disaster risk reduction, including the protection of vulnerable groups such as tribal communities.
• The **Pradhan Mantri Awas Yojana – Gramin (PMAY-G)**, a flagship scheme under the Ministry of Rural Development, aims to provide pucca houses to all eligible rural households, including those displaced by disasters. However, its implementation in tribal and disaster-affected areas often faces challenges such as land tenure issues, bureaucratic delays, and lack of convergence with local governance structures.

Key Features

Feature	Significance
Permanent displacement of tribal families	Highlights systemic failure in post-disaster rehabilitation and resettlement policies for vulnerable communities.
Makeshift shelters in forested areas	Exposes gaps in provision of safe, permanent housing and basic amenities for displaced populations.
Loss of critical infrastructure (bridges)	Demonstrates the cascading impact of disasters on connectivity, healthcare access, and economic activity.
Cultural and psychological trauma	Underscores the long-term social and mental health consequences of prolonged displacement.
Absence of electricity and sanitation	Illustrates the erosion of fundamental rights to dignity, health, and safety in post-disaster scenarios.

Why it Matters

Social Justice

• Violation of constitutional guarantees under Articles 15 (prohibition of discrimination) and 46 (protection of weaker sections) for Scheduled Tribes.
• Failure to implement the Forest Rights Act, 2006, which recognises habitat rights of forest-dwelling tribes.
• Persistent marginalisation of Particularly Vulnerable Tribal Groups (PVTGs) like the Paniya community in Kerala.

Disaster Management

• Failure of the Disaster Management Act, 2005, to ensure timely rehabilitation and resettlement post-disaster.
• Inadequate implementation of the National Disaster Response Force (NDRF) and State Disaster Response Fund (SDRF) guidelines.
• Lack of integrated risk assessment for landslide-prone and flood-prone tribal settlements.

Environmental Governance

• Unaddressed ecological degradation in the Western Ghats, exacerbating flood risks in tribal habitats.
• Need for stricter compliance with the National Green Tribunal (NGT) directives on environmental impact assessments.

Public Health

• Exposure to zoonotic diseases due to proximity to forest-dwelling wildlife (elephants, leopards).
• Absence of primary healthcare infrastructure in displaced settlements, violating Article 21 (right to life).

Infrastructure and Connectivity

• Persistent lack of all-weather road and bridge connectivity, impeding access to education and livelihoods.
• Dependence on bamboo rafts for mobility, violating safety standards for vulnerable populations.

Challenges

1. Delayed Rehabilitation and Resettlement

• Seven-year delay in providing permanent housing despite repeated assurances.
• Absence of a time-bound rehabilitation plan under the Disaster Management Act, 2005.
• Failure to address psychological trauma and cultural displacement.

UPSC Link: Disaster Management Act, 2005 – Section 12 (Relief and Rehabilitation)

2. Inadequate Infrastructure Reconstruction

• Bridges critical for connectivity remain uninaugurated despite completion.
• Absence of all-weather roads and electrification in resettlement areas.
• Dependence on temporary solutions (bamboo rafts) for essential mobility.

UPSC Link: National Disaster Response Force (NDRF) – Standard Operating Procedures

3. Violation of Tribal Rights

• Non-implementation of the Forest Rights Act, 2006, in tribal habitat recognition.
• Failure to secure land titles and habitat rights for PVTGs like the Paniya community.
• Absence of consultation with tribal communities in rehabilitation planning.

UPSC Link: Forest Rights Act, 2006 – Section 3 (Recognition of Forest Rights)

4. Environmental and Ecological Risks

• Unaddressed landslide and flood risks in tribal settlements due to deforestation.
• Encroachment of tribal habitats into wildlife corridors, increasing human-wildlife conflict.
• Lack of integrated disaster risk reduction (DRR) strategies for tribal communities.

UPSC Link: Western Ghats Ecology Expert Panel (WGEEP) Report – Recommendations

5. Public Health and Sanitation Crisis

• Absence of sanitation facilities, leading to open defecation and health hazards.
• Exposure to vector-borne diseases due to waterlogging and poor waste management.
• Lack of primary healthcare access, violating Article 21 (right to health).

UPSC Link: Swachh Bharat Mission (Gramin) – Sanitation and Hygiene Standards

6. Economic Vulnerability

• Loss of livelihoods (agriculture, forest produce collection) due to displacement.
• Dependence on informal and unsafe means of income generation.
• Absence of skill development and alternative livelihood programmes.

UPSC Link: National Rural Livelihood Mission (NRLM) – Livelihood Support

Challenges — UPSC Perspective

Issue	Concern
Delayed housing reconstruction	Prolonged exposure to unsafe living conditions in forested areas.
Non-functional infrastructure	Bridges and roads completed but uninaugurated, denying connectivity.
Tribal rights violations	Failure to recognise habitat rights under the Forest Rights Act, 2006.
Environmental degradation	Unaddressed deforestation and landslide risks in tribal habitats.
Public health risks	Absence of sanitation, healthcare, and safe water supply.
Economic marginalisation	Loss of livelihoods and lack of alternative income sources.

Way Forward

• Constitute a multi-stakeholder task force under the Disaster Management Act, 2005, for time-bound rehabilitation of displaced tribal families.
• Accelerate the inauguration and operationalisation of critical infrastructure (bridges, roads) to restore connectivity.
• Conduct a comprehensive survey under the Forest Rights Act, 2006, to recognise and secure habitat rights for the Paniya and Kattunaikar communities.
• Implement a phased relocation plan to safer, non-flood-prone areas with provision of permanent housing, electrification, and sanitation facilities.
• Establish mobile healthcare units and ASHA workers in resettlement areas to address primary health needs and prevent disease outbreaks.
• Integrate tribal communities into disaster risk reduction (DRR) planning through participatory risk assessments and early warning systems.
• Launch livelihood restoration programmes under the National Rural Livelihood Mission (NRLM) to provide alternative income sources.
• Strengthen forest conservation measures in the Western Ghats to mitigate landslide and flood risks in tribal habitats.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the constitutional provisions for Scheduled Tribes in India:
1. Article 19(5) empowers the State to impose reasonable restrictions on the rights of Scheduled Tribes to reside and settle in any part of the territory of India.
2. The Fifth Schedule of the Constitution applies to the administration and control of Scheduled Areas and Scheduled Tribes in specified states.
3. The Sixth Schedule provides for the formation of Autonomous District Councils for areas inhabited by tribal communities in Assam, Meghalaya, Tripura, and Mizoram.

How many of the above statements are correct?

1. Only one
2. Only two
3. All
4. None

Answer: All — Statements 2 and 3 are correct. Statement 1 is incorrect as Article 19(5) pertains to restrictions on the rights of citizens to reside and settle, but it does not specifically empower the State to impose restrictions on Scheduled Tribes. The Fifth Schedule applies to Scheduled Areas, while the Sixth Schedule covers Autonomous District Councils in specific states.

Q2. Assertion (A): The Disaster Management Act, 2005 provides for the establishment of the National Disaster Response Force (NDRF) to respond to disasters.
Reason (R): The NDRF is mandated to provide immediate relief and rescue operations during disasters, including floods.

In the context of the above two statements, which one of the following is correct?

1. Both A and R are true, and R is the correct explanation of A.
2. Both A and R are true, but R is not the correct explanation of A.
3. A is true, but R is false.
4. A is false, but R is true.

Answer: A is true, but R is false. — Both Assertion (A) and Reason (R) are true. However, the NDRF is established under the Disaster Management Act, 2005, but its role is not limited to immediate relief and rescue operations; it also includes preparedness, mitigation, and capacity-building. Thus, R is not the correct explanation of A.

Q3. Match the following tribal communities with the states they predominantly inhabit:

| Column I (Tribal Community) | Column II (State) |
|—————————–|———————————–|
| 1. Paniya | A. Kerala |
| 2. Kattunaikar | B. Tamil Nadu |
| 3. Gond | C. Madhya Pradesh |
| 4. Bhil | D. Rajasthan |

Select the correct match:

1. 1-A, 2-B, 3-C, 4-D
2. 1-A, 2-C, 3-B, 4-D
3. 1-B, 2-A, 3-C, 4-D
4. 1-C, 2-A, 3-B, 4-D

Answer: 1-A, 2-B, 3-C, 4-D — The correct matches are: 1. Paniya (A. Kerala), 2. Kattunaikar (B. Tamil Nadu), 3. Gond (C. Madhya Pradesh), and 4. Bhil (D. Rajasthan).

Mains Practice Question

✍ The displacement of tribal communities due to recurrent disasters and the failure of rehabilitation mechanisms pose a critical challenge to India’s constitutional framework of tribal welfare. Critically examine the adequacy of existing legal and policy frameworks in addressing the rehabilitation and resettlement needs of Scheduled Tribes in disaster-prone areas. (15 Marks)

Approach: MODEL-ANSWER SKELETON:

1. **Constitutional Safeguards for Tribals**:
– Article 46 (Directive Principles) – State’s duty to promote educational and economic interests of weaker sections.
– Fifth and Sixth Schedules – Special provisions for administration of Scheduled Areas and tribal autonomy.
– Article 21 (Right to Life and Personal Liberty) – Includes right to adequate housing and livelihood.
– Forest Rights Act, 2006 – Recognition of forest dwellers’ rights, including Scheduled Tribes.

2. **Disaster Management Framework**:
– Disaster Management Act, 2005 – Institutional mechanisms (NDMA, SDMAs, NDRF) and National Disaster Response Plan.
– National Policy on Disaster Management, 2009 – Emphasis on community-based disaster risk reduction.
– Role of State Disaster Management Authorities in rehabilitation and resettlement.

3. **Gaps and Challenges**:
– **Implementation Gaps**: Delayed rehabilitation, lack of land titles, and inadequate compensation.
– **Intersectionality**: Tribal communities face compounded vulnerabilities due to socio-economic marginalization and environmental displacement.
– **Legal Ambiguities**: Overlap between forest rights and disaster rehabilitation policies; lack of clear guidelines for resettlement in forest areas.
– **Institutional Constraints**: Limited capacity of local bodies, bureaucratic delays, and lack of participatory decision-making.

4. **Comparative Perspective**:
– **Kerala’s Tribal Welfare Policies**: State-specific schemes (e.g., Tribal Sub-Plan, Kerala Tribal Development Programme) and their effectiveness.
– **Judicial Interventions**: Landmark judgments (e.g., *Orissa Mining Corporation v. Ministry of Environment and Forests*, 2013) on forest rights and displacement.

5. **Way Forward**:
– Strengthening **community-based disaster risk reduction** with tribal participation.
– **Integrated Rehabilitation Policies**: Aligning disaster management with forest rights and tribal welfare schemes.
– **Legal Reforms**: Clearer provisions for resettlement in disaster-prone areas, including land rights and livelihood restoration.
– **Institutional Capacity Building**: Empowering local self-governments (Panchayats and Tribal Councils) in disaster planning and rehabilitation.

6. **Conclusion**:
– Existing frameworks provide a strong foundation, but implementation gaps and institutional constraints hinder effective rehabilitation. A rights-based, participatory approach is essential to address the unique vulnerabilities of tribal communities in disaster contexts.

Source: The Hindu

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