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Denis Giles

19 April 2015

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Genesis of the Conundrum

The entire Kamorta Island, except the port area, has been recognised as a tribal reserve by the Andaman and Nicobar Protection of Aboriginal Tribes Regulation (ANPATR 1956). The Nicobarese tuhets (extended families) have traditional ownership of the land which is governed by their customs and norms. Despite having no written documents the indigenes never had any dispute over the ownership of the land. After the annexation to India the Andaman and Nicobar Islands were declared a union territory in 1956. To control and secure the remote islands the government requested the Nicobarese leadership to donate some land to set up the administrative apparatus. The queen of the Central Nicobar, Rani Lachmi, was reluctant to part with a piece from the limited common land. However, after being assured of infrastructural development in the remote islands she agreed to donate some land upon consultation with the village chiefs. It was thus that the INS Kardip (33 acres) in Kamorta was established and commissioned in 1973. 

It was only post the tsunami that the Nicobarese and the defence authorities had a serious disagreement over the ownership of 317 acres of land in Kamorta. Traditionally, the Nicobarese of the nearby villages had plantations on this land. Post tsunami, the government constructed temporary shelters for them on the same land and also planned construction of permanent shelters. However, the construction was prevented by the objection raised by the INS Kardip which claimed ownership of the land. It argued that an area of 109 acres at Kamorta was allotted to the Army vide Revenue Case No 3/1978, and 208 acres to the Navy vide Revenue Case No 15/1978 of the assistant commissioner (AC), Nancowrie which was approved by the deputy commissioner (DC), Nicobar. The land was handed over to the representatives of the Army and INS Kardip in 1978 and 1979, respectively by the AC, Nancowrie. Later in 1993, the Government of India/Ministry of Defence transferred 20 acres of land from the Navy’s allotment (208 acres) to the Coast Guard for setting up a Coast Guard Station in Kamorta. 

The possession of the land (317 acres) was handed over only on paper and without proper land demarcation or payment of monetary compensation to the affected tuhets. For decades no infrastructure was developed by the defence forces on the land. It was only in January 2009 that the survey team started on the demarcation of the land. The Nicobarese remonstrated with the Navy that the land had always belonged to their community especially the inhabitants of Sanuh, Banderkhari and Changhua villages who had plantations on the land since time immemorial. The tribal councils of the Central Nicobar also reasoned that the allocation of land to the defence authorities by the AC and the DC was null and void as it contravened Section 6(1) of ANPATR, 1956. However, the Navy argued that the land was donated by the late queen who had signed the no objection certificate (NOC) on 25 September 1978 followed by an allotment order issued by the DC on 15 November 1978. The Nicobarese, on the other hand, argued that the queen took all decisions in consultation with the village captains. The NOC did not bear witnesses from the community or her councillors and the village captains had not heard anything concerning the donation of 317 acres of land to the defence authorities.

The tribal leaders took up the matter with the island administration at Port Blair. In February 2009, a delegation from the community also went to New Delhi and met the defence minister, the minister of tribal affairs and the chairperson of the National Commission for Scheduled Tribes. The tribal leaders were reassured that no injustice would be done to them and positive action would soon be initiated to address the issue.  In its communication with Outlook magazine concerning the Kamorta land dispute, the Ministry of Defence said, “The defence minister has ordered that the issues raised by the delegation be examined expeditiously, because of the nature of allegations made against the Navy, so that the factual position can be ascertained.”  However, despite numerous discussions and negotiations in Port Blair and New Delhi, the land dispute could not be resolved and has reached an impasse. The arguments put forth by the Navy and the Nicobarese while substantiating their claims on the disputed land have merit on both sides. The only person whose version would have been decisive was Rani Lachmi who passed away in 1989.

Repercussions

The disputed land at Kamorta has always been the ancestral property of various Nicobarese tuhets who lived in socioecological harmony and supported the local civil and defence administration. The community lost almost everything during the tsunami in 2004. On top of this loss of family members, plantations, livestock, settlements and material equipments, large tracks of cultivable land were permanently inundated. Land is the most precious possession of the community which is not merely a livelihood imperative but also holds immense spiritual value. The disputed land at Kamorta is the joint property of 400 Nicobarese families spread across 15 villages. Their livelihood is dependent on this land and the sea surrounding it. Due to their sociocultural milieu, the Nicobarese have almost negligible opportunities for alternative livelihoods. If this land is taken from them, a large number of them would become landless and even starve. 

The two Nicobarese villages of Changhua and Banderkhari will be severely hit as the accessibility of the Nicobarese to these villages will be obstructed once the defence land is fenced in. The coastal area and the sea surrounding the disputed land is an important catchment area for the Nicobarese where they can safely navigate in their hodies. With the development of defence infrastructure in the area, their inland and coastal mobility will be severely curtailed and that will adversely affect their livelihood and well-being. The land dispute has already strained the cordial relations between the government apparatus and the local population. The dispossession will cause irreparable damage to the mutual trust and the harmonious relations that the government has developed with the local people over a long period of time. The lack of cooperation from the Nicobarese will derail the governmental modernisation drives in these isolated territories. Such a rigid stance could also jeopardise the defence manoeuvres in these isolated, yet strategic spaces.

Conclusions

There is no denying the fact that the islands are strategic and defence establishments are necessary for maintaining peace and countering any untoward incident or external threats posed to the security of the nation. These islands are a key for the success of India’s Look East Policy enunciated in the 1990s. However, the livelihood, mobility and well-being of 400 Nicobarese families cannot be ignored. It is because of their sensitivity to these concerns and faith in the government that the Nicobarese, who had once adapted themselves to the brutal colonial regime of Japan, have been peacefully expressing their discontent against the Navy. It is also worth contemplating whether the de facto regime of Rani Lachmi had the authority to donate a large track of land without consulting the tuhets to whom it actually belonged. The Nicobarese say that they are not in a position to part with their land as it is the only resource they have. It is for the reasons mentioned above that the Nicobarese rightly compare the Kamorta land dispute with the tsunami of 2004, and call it “the second tsunami.” It was painful and at the same time intriguing for me to read the large number of letters that the Nicobarese had written to the authorities requesting them to settle the land dispute. These letters, which the Nicobarese call, “the Letters of Sufferings” peculiarly end with four words, “In Protest,” and beneath it, are followed by two more words, “Respectfully Yours.” While concluding this discussion, I could not help thinking of an excerpt from a letter (dated 10 February 2009) of the Nancowry Tribal Council which is addressed to the Lieutenant Governor of the Islands:

…The Tribal Council recognises and appreciates the role played by the defence services including the Navy during tsunami. The Council admits that National security must take priority. But in a country of 110 crores, should the burden of National security be placed on 400 tribal families alone?...

In Protest

Respectfully Yours

Therefore, the Kamorta land dispute demands extreme caution and a visionary approach from those who are in a position to settle it. It needs a solution which meets the realistic land needs of the defence forces and also does not undermine the well-being of the local population. Such a solution would not only settle the dispute permanently but also restore the harmony and mutual trust between the defence forces and the Nicobarese. 

Author: Ajay Saini (This email address is being protected from spambots. You need JavaScript enabled to view it.) is a Doctoral Research Fellow and Teaching Associate (Research and Development) at the Tata Institute of Social Sciences, Mumbai. This article is a modified version of a discussion note first published by Economic and Political Weekly on 21 February 2015. This article has been republished in the Andaman Chronicles on the demand of the Nicobarese community.    

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Denis Giles

24 February 2015

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BY:  Shreya Yadav/ Asiem Sanyal/ Chetana Purushotham

The dying sun cast an amber glow as we walked up Munda Pahad, a patch of littoral forest that extends from the beach upwards, at Chidiya Tapu, the southern-most tip of the Andamans. Though popular for its sunsets, we were at Chidiya Tapu for something else altogether – counting birds. The forest before us offered ideal conditions – no humans frequented the path, and it was eerily quiet, except perhaps for the slow creak of bamboo or the rustle of leaves left in the wake of some scurrying animal. As we slowly ascended, gingerly stepping over sprawling tree roots and dead leaves, we were treated to deep, resonating hums that reverberated through the forest. Looking around, we saw our first bird of the day – the Green Imperial Pigeon! With silent whoops, we made a note of the number of individuals, and proceeded onwards. Suddenly, the forest seemed to come alive. Red-whiskered Bulbuls chittered noisily at the top of fig trees, and the endemic Andaman Drongo put on elaborate airborne pirouettes for us as it snapped up flying insects. Every once in a while, the path would resolve into a clearing, from where we could see the sea glittering in metallic hues. A White-Bellied Sea Eagle soared lazily on the updrafts, and kept us company for part of the way. Pacific Swallows darted between cliffs like small fighter planes. It was a perfect evening to bird-watch, and this time the information we were collecting was going to be used for a much bigger global project: the Great Backyard Bird Count (GBBC).

The GBBC was first formulated in 1998 by the Cornell Lab of Ornithology and the National Audubon Society, U.K. The main objective of the project was to create a global dataset of the distribution and abundance of birds from around the world. People anywhere (with a pair of binoculars) could participate in the 4 day count in February, which happened this year from the 13th-16th. India joined the project in 2012, and in 2014 topped the global listing of countries for the number of bird species recorded overall.

This year, the Andaman and Nicobar Environmental Team (ANET) in Wandoor, South Andamans, convened a few groups of birders to cover as much area and ecosystem-type as possible. By the end of Day 4, we had recorded 49 species of birds from roughly 4 different habitat categories. The tidal marshes at Sippighat were populated by a plethora of wetland birds, with Purple Swamphens, Lesser Whistling Ducks and Cattle Egrets ruling the roost; we ended with a tally of 20 species and a whopping 241 individuals. At the Mount Harriet National Park, the rainforest brimmed with life – we spotted Black-Naped Orioles, Vernal Hanging Parrots, a host of Glossy Swiftlets, Andaman Cuckoo-Shrikes, among others, bringing our count to 17 species and 97 individuals. Just around the ANET campus alone, as part of the Campus Bird Count (a sub-event of the GBBC), we observed 12 species in little over a 1km2 radius of littoral and mangrove habitat. It was interesting to see how the composition of birds changed with the area we were in, with some species overlapping across areas.

As we descended from Munda Pahad having spent a tremendously fulfilling evening birding, we had the fortune to spot the rare Andaman Nightjar, just as darkness claimed the skies (Our tally for the day stood at 10 species and 27 individuals at Chidiya Tapu). It was a poetic end to a perfect day.

So far, 709 species of birds have been reported from India and over a million people from the country participated in the event this year. And understandably so, because more than anything else, it is just great fun to go out, look up at the canopy or at waters fading into the distant horizon, and let them reveal themselves to you in feathers and whistles. 

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Denis Giles

02 March 2015

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By Dr. Dinesh

Is your husband/wife lost in a maze of smart phones, tablets / laptops? Do you fear getting the latest apps is turning out to be your son's/daughters prime ambition in life? Technology addiction as the tendency to excessively engage in activities involving the cell phone, internet, social networking sites like Face book, What’s app etc, despite harmful consequences to one's health, mental state or social life. People can develop an addiction to these technologies irrespective of their age, but this has been a growing concern among teenagers. It manifests in the form of frequently checking the phone or accessing the internet to see if there are any messages or mails and the need to update Face book status. For many adolescents and young adults, the Internet has become a way to overcome a swathe of issues — Peer pressure, academic stress, relationship problems, boredom and loneliness. The subjects who displayed addictive behaviour were not sharing personal information but there was some risky behaviour like online relationships, extra marital affairs and a preference for online instead of face-to-face communication, The ease of technology was pushing people towards being "online" constantly instead of offline — they wouldn't spend time with parents or friends, preferring instead to always text or use the Internet to communicate constantly. One can’t advise completely stopping using tech devices, but prefers a healthy use of them instead. One cannot control cyber-sexual addiction (a part of technology addiction); so the environment is controlled and psychotherapy given if there is a psychological issue. Craving or the obsession with being online or on the cell phone to SMS, email or get on to Face book, or what’s app. When a person is unable to regulate his technology usage. The itch to be constantly connected, in terms of gaming or surfing. The shift to excessive online behaviour brings about a decline in academic standards, disinterest in outdoor games or socialising, eye strain, spondyilitis and sleep disorders. High tech-Gadgets have found their way early into a child's life and children are fed with TVs or computer tablets as distractions and it's hard to wean them off the excessive tech usage habit. A teenager who was addicted to online pornography threatened to indulge in high-risk behaviour if his parents did not restore the Internet connection they had given up to curb his tendencies. The hapless parents relented, thinking that pornography was the lesser of the two evils.

A child playing video games for 10-12 hours a day would say he was going to school and instead go to a cyber cafe, which would open as early for video game junkies, and he would return late at night, using the excuse of extra classes and study groups. Internet addiction is a top health threat to adolescents. Parents should educate children about mobile phone use and teach them to develop control from an early age. They should also emphasise finding a balance between online and offline activities.

 Road accidents for those who can’t stop texting while driving. There are reports that people have died after playing video games for days without a break, generally stemming from a blood clot associated with being sedentary, feelings of depression; physical changes to weight, headaches or carpal tunnel syndrome. Internet addiction can be a symptom of other mental illness, such as depression. An older teenager locks himself up in his room at night and spends hours chatting with friends on his smart phone. First thing he does after getting up in the morning is to go online and check messages. He becomes restless and irritated if the Wi-Fi or 3G network suddenly goes off. This is only the tip of the iceberg in a country where use of smart phones and tablets are in rise at breakneck pace. The scepticism is understandable in a world where everyone is hooked to one's gadgets for work or for socializing. Apart from TV, mobile phones, tablets & Video games, give children plenty of outdoors and adventure sports.

Here is one para from Robin Sharma’s book “who will cry when you die” which actually inspired me to write this article. “The phone is there for your convenience, not for the convenience of your callers, yet, as soon as we hear the phone ring, we run to pick up as if our lives depended on the call being answered at once, people interrupt quiet family dinners, dedicated reading times and meditation periods to answer those seemingly urgent phone calls, many of which turn out to be ones that could have been taken later. Picking up the ringing phone is just another way to put off doing something you don’t really want to do, but once you get good at letting it ring and staying focused on the activity at hand, you will wonder what the hurry to pick up the phone was all about in the first place”. “We first make our habits and then our habits make us” John Dryden observed. According to U.S News & World Report over the course of your life time, you will spend eight months opening junk mail, two years unsuccessfully returning phone calls and five years standing in line. E-mails in many ways are one of the great blessings of the modern age. It frees you up to when it suits you. “Give us the grace to accept with serenity the things that cannot be changed, courage to change the things which should be changed, and the wisdom to distinguish one from the other”. It is hard to take a call on where necessity ends and addiction begins.

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Denis Giles

31 December 2014

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By M Vinod

I remember the days of Tsunami in 2004. Many of the mainlanders left these islands in fear and the streets were empty. We felt that the tourism sector had lost all scope in the Islands. But gradually the situation started changing and tourists finally started visiting the islands. 

It was a ray of hope for we tour operators. In fact, it was a ray of hope for our survival. But the poor infrastructure, limited places of tourist interests were a big hurdle for the industry. 

But a dawn came to us in the form of our Hon’ble Lt. Governor, Lt. Gen. (Retd) A.K. Singh. The Hon’ble Lt. Governor within no time identified the problems being faced in the tourism sector. He gave patient hearing to the grievances of the tour operators as well as the tourists. And also he ensured timely action is initiated to solve the grievances. 

Cleanliness and beautification of tourist places took place and many unemployed youth received free training in hospitality sector. It is worth mentioning that the Islanders are really overwhelmed over the developments taking place at present. 

At this juncture, while the Hon’ble Lt. Governor is taking all pains to develop the Islands, I would like to take this opportunity to suggest opening of more tourist destinations, to bring in more luxury vessels for tourists, sea planes and amusement park etc.

Hope the Islands flourishes further under the leadership of the Honb’le Lt Governor. 

The writer is the President of Association of Tour Operators, A&N Islands.