Contents

1. Introduction
2. Conflict Resolution – A Conceptual Framework
3. Left Extremism
4. Land Related Issues
5. Water Related Issues
6. Issues Related to SCs, STs and OBCs
7. Religious Conflicts
8. Politics and Conflicts
9. Regional Disparities
10. Conflicts in the North East
11. Operational Arrangements for Conflict Management
12. Institutional Arrangements for Conflict Management

Quotes & Visuals

 “Better than a thousand hollow words is one
word that brings peace.”
-- Lord Buddha
 “We have been all the way to the moon and
back, but have trouble crossing the street to
meet the new neighbour.”
(His Holiness, The Dalai Lama, The Paradox of
Our Age)
American theologian Reinhold Niebuhr sought
in his prayer, “Oh God, give me the patience to
accept the things I cannot change, the courage
to change the things I can, and the wisdom to
know the difference”
Introduction

 In the last few decades, conflicts have arisen in our country from
multiple causes such as caste and tribal issues, religion, regional
disparities, poverty, land and water, just to name a few
 Conflict is an unavoidable facet of human life. It is as much an internal
process of the human mind when it evaluates the pros and cons of a
decision, as it is a part of the individual’s daily interaction with others in
society
 The maturity of a society is thus measured not so much by the absence
of conflict in it as the ability of its institutions and procedures for
resolving it

Introduction

 Conflict and Democracy

 We must recognise the importance of sustaining, in every way, the
processes of democratic dialogue to enhance the quality of our society.
 Democracy is, in fact, essential for conflict resolution and nation
building, particularly in pluralistic States. It is only within a democratic
framework that the aspirations of all constituent elements can be fulfilled
 India was and is a mosaic of languages, cultures and ethnicities, not
simply tolerating each other but accepting and harmonising all the
diversities as part of the composite whole
Introduction

 Conflict and Economy

 The real problem in many of our States and regions is economic;
the conflict is over resources but camouflaged in various forms of
identity politics based on religion, on caste, on region, on ethnicity, on
language and less frequently based on ideological divides.
 For example, the North Eastern region was neglected right from the
very beginning. Nothing was done during British rule for many reasons,
because it was a partially annexed territory and the tribals would not
cooperate.
 After Independence, there was a composite Assam State. Due attention
was not given to the tribal people. Real developmental work after
Independence started only in the 1970s when the new States came
into being

Introduction

 What sort of a Nation do we want ??

 The questions that Indians have to find answer together are: What kind
of country do we want to be? What are the essential characteristics of
this nation that we aspire to have?
 This must be a shared vision in order to motivate people to align their
efforts to achieve it
 What is our shared aspiration for our country? What is the country we
want and will commit to build?
 Think of Gandhiji’s Vision, Jamshed Ji Tata’s vision of Economic
Independence
Conflict Resolution – A Conceptual Framework

 Conflict Resolution – Perspectives

 Conflict has been defined as a situation between two or more parties
who see their perspectives as incompatible. Conflicts have a negative
beneficial connotation, but some conflicts are desirable as they can
create change
 John Donne, the 16th century poet, wrote, ‘No man is an island entire
of itself’. Individuals see themselves as members of a variety of groups
which often span a number of their interests.
 For example, an individual’s geographical origin, gender, caste, class,
language, politics, ethnicity, profession and social commitments make
him a member of various groups. Each of these collectivities, to all of
which the individual belongs, tends to give him a particular identity, but
together he has multiple identities

Conflict Resolution – A Conceptual Framework

 The search for identity is a powerful psychological driving force which

has propelled human civilization
 The concept of social capital, advocated by Robert Putnam, tells us
how a shared identity with others in the same social community can
make the lives of all those in that community so much more harmonious
and meaningful.
 To that extent, the sense of belonging to the social community becomes
a valuable resource; almost like capital
 And yet, identity can also kill – and kill with abandon.6 A strong and
exclusive sense of belonging to one group does, in many cases, lead to
conflict
Conflict Resolution – A Conceptual Framework

 We now live in an increasingly violent world, because of the conflicts we

generate. The twentieth century was, by far, the most violent period that
humanity lived through.
 Almost three times as many people were killed in conflicts in the
twentieth century than in the previous four centuries combined
together
 Loss of life is only one corollary of conflicts. Others are destruction of
food systems, disintegration of public services, loss of income,
dislocation, insecurity and a surge of crimes
 Stages of Conflicts – a Life Cycle Approach

Conflict Resolution – A Conceptual Framework

 A conflict is not a single-event phenomenon but is a dynamic process

having different stages. The objectives of the parties involved, their
approaches, the intensity levels, the likely damage etc all change
between the various phases of a conflict’s life cycle
 The representation of conflict as given in Figure may be briefly
described in the following manner:
1. Individual and Societal Tensions: Such tensions are created
whenever an individual or a group feels that he/it has been wronged or
has not got what was due. Such tensions may also arise due to
historical socio-economic inequalities. Poor governance is a major
cause of tension amongst individuals and the society
Conflict Resolution – A Conceptual Framework

Conflict Resolution – A Conceptual Framework

2. Latent Conflict: Tensions lead to a feeling of injustice and give rise to

simmering discontent. However, at this stage, these tensions may
manifest themselves in the form of requests to authorities, etc. From the
point of view of the Administration, this is the most opportune time for
managing a conflict or rather preventing a conflict. However, as the
Administration is pre-occupied with ‘fire fighting’ measures, the early
symptoms of latent conflict are often overlooked
3. Escalation of Tensions: Unattended grievances, overlooked
concerns, neglected tensions by the Administration lead to further
aggravation of the discontent. The stand taken by the opposing parties
begins to harden. Half hearted attempts in this phase prove to be of little
help. The parties involved express their feelings through more aggressive
methods such as demonstrations, processions, strikes, ‘bandhs’ and the
like
Conflict Resolution – A Conceptual Framework

4. Eruption: Tensions if not managed properly lead to a situation where a

small ‘spark’ leads to eruption of violence. The ‘spark’ or the trigger may
by itself not be a major event, but it leads to further polarization of the
people involved, and becomes an excuse for the violent eruption.
Normally the Administration swings into action at this stage and tries to
control the violence. It has been observed that even after the violence has
been contained, adequate efforts are often not made to address the root
causes of the conflict
5. Stalemate: This is a situation similar to the ‘latent tension’ and has the
potential to erupt at regular intervals.

Conflict Resolution – A Conceptual Framework

 Conflict Resolution and the Constitution

In India after the violence following Partition, the process of conflict
resolution started with
1. The integration of the princely States through peaceful means
2. The drafting of the Constitution, which followed, and the way it was
debated, drafted and finally adopted makes it one of the finest examples
of conflict resolution
3. The Constitution opted for the democratic process and adult
franchise. It has been aptly observed that this was the best possible
choice because the experience of large multi-ethnic States around the
world has shown that democracy is one of the most potent instruments for
containing and moderating conflict
Conflict Resolution – A Conceptual Framework

4. The Constitution by providing for pluralism, federalism with a strong

Union and for economic and social upliftment of the underprivileged
sections of society, created the space for diverse groups in the country to
acquire a stake in the process of nation-building
Constitutional Features
While Article 30 of the Constitution enshrines the right of minorities
based on religion to establish and administer their own educational
institutions, in general, the rights to freedom of conscience and free
profession, practice and propagation of religion (Article 25), freedom
to manage religious affairs (Article 26) combined with the rights
provided to any section of citizens to conserve their language, script or
culture (Article 29), highlight the humanistic approach of the framers of
the Constitution

Conflict Resolution – A Conceptual Framework

 Provision for Amendments - Another conflict resolution measure in the

Constitution was the provision for amendments in keeping with the
changing times and the enshrinement of affirmative action in favour of
the traditionally disadvantaged sections of society.
 The provisions in the Constitution were based on the concept that it was
not only necessary to end discrimination against the disadvantaged, it
was equally important to empower the disadvantaged through special
access to the legislature, educational opportunities and public
employment.
 Provisions for reservations for various underprivileged communities
also fall in the same category.
 Powerful and independent judiciary
Conflict Resolution – A Conceptual Framework

 Provisions for creation of institutions for resolving conflicts, for

example, water disputes, disputes between States etc
 History of Conflict Resolution
 The history of conflict resolution in independent India is a story of both
successes and failures.
 The resolution of linguistic conflicts was one of the major achievements
after Independence. Notable writers like Ramachandra Guha have
observed that the formation of linguistic States and evolution of the
three-language formula succeeded in deepening and consolidating
the unity of the country. Continuance of a common language has
provided the basis for administrative unity and efficiency within the
State.

Conflict Resolution – A Conceptual Framework

 Interestingly, the three major movements for secession in

independent India, namely those in Nagaland, in Punjab in the
1980s, and in Kashmir, were organised around the issue of
historical ethnicity, religion and territory and not around language
 Among ethnic and secessionist conflicts the resolution of the Mizoram
issue was a notable success (Mizoram Accord 1986)
 Conflict resolution in the Darjeeling hills is another success story.
The Gorkha National Liberation Front (GNLF) who had demanded
Indian citizenship for all Gorkhas resident in India, complained of
discrimination at the hands of the Government of West Bengal and
accordingly, sought separation from the State
Conflict Resolution – A Conceptual Framework

 Finally, a tripartite agreement was negotiated between the Union

Government, the GNLF and the State Government (1998)
 The quest for a separate Sikh identity manifested itself, after
Partition, in their demand for a separate State in India. Even after the
formation of a separate state of Punjab, some related issues remained
unresolved pertaining inter alia to their demand for Chandigarh as the
State capital, sharing of river waters etc. The situation was further
aggravated when terrorist elements demanded secession in the
form of ‘Khalistan’
 The Rajiv Gandhi-Longowal Accord in July 1985 brought this
turbulence to a temporary end

Conflict Resolution – A Conceptual Framework

Conflict Resolution – A Conceptual Framework

 What should the State do to resolve conflicts?

 Ideally, the State should pay adequate attention to the genesis of
conflicts and find solutions to the problems before they become
significant and deepen into conflicts
 formulate long-term strategies that not only address immediate
demands but also include attention to underlying issues such as
alleviation of poverty, social justice and empowerment, and
corruption-free development at the grass-root level
 The approach ought to start from the simple principle that conflicts can
be resolved peacefully – and on an enduring basis – only through trust
and persistent and inclusive dialogue. The need is to build multi-
stakeholder platforms or similar participatory processes that bring
stakeholders together

Left Extremism

 Left Extremism: Spread and Intensity

 The left extremist outburst, later known as the Naxalite movement,
started in March 1967 in the three police station areas (Naxalbari,
Khoribari and Phansidewa) of Darjeeling district in West Bengal
 Red Corridor := demarcated by the union government to notify the
districts which are affected by left wing extremism + spanning
across 106 districts in 10 States, namely Bihar, Jharkhand, Andhra
Pradesh, Maharashtra, Odisha, Telangana, West Bengal, Madhya
Pradesh, Uttar Pradesh and Chhattisgarh
Left Extremism

 The ‘Nature’ of the Movement

 Some of the major features of the left extremist movement include the
following;
It has emerged as the greatest challenge to internal security.
It has gained people’s confidence, grown in strength particularly in
forest and tribal areas, by mobilising dispossessed and marginalised
sections
It creates conditions for non-functioning of the government and
actively seeks disruption of development activities as a means to
achieve its objective of ‘wresting control’.
It spreads fear among the law-abiding citizens

Left Extremism

 Causes for Spread of Left Extremism

 Land Related Factors
Evasion of land ceiling laws
Existence of special land tenures (enjoying exemptions under ceiling
laws)
Encroachment and occupation of Government and Community lands
(even the water-bodies) by powerful sections of society
Lack of title to public land cultivated by the landless poor
Poor implementation of laws prohibiting transfer of tribal land to
non-tribals in the Fifth Schedule areas
Non-regularisation of traditional land rights
Left Extremism

 Displacement and Forced Evictions

Eviction from lands traditionally used by tribals
Displacements caused by irrigation and power projects without
adequate arrangements for rehabilitation
Large scale land acquisition for ‘public purposes’ without appropriate
compensation or rehabilitation
 Livelihood Related Causes
Lack of food security – corruption in the Public Distribution System
(which are often non-functional).
Disruption of traditional occupations and lack of alternative work
opportunities.

Left Extremism

 Social Exclusion
Denial of dignity
Continued practice, in some areas, of untouchability in various forms.
Poor implementation of special laws on prevention of atrocities,
protection of civil rights and abolition of bonded labour etc
 Governance Related Factors
Corruption and poor provision/non-provision of essential public services
including primary health care and education
Incompetent, ill trained and poorly motivated public personnel who are
mostly absent from their place of posting
Left Extremism

Misuse of powers by the police and violations of the norms of law.

Perversion of electoral politics and unsatisfactory working of local
government institutions
 Resolution of Left Extremist Conflicts – Successes and Failures
 From 1972 onwards, the Government of West Bengal adopted a slew of
ameliorative measures in the Naxal-affected districts. The
Comprehensive Area Development Programme (CADP) was
introduced to supply inputs and credit to small farmers and the
government took the responsibility of marketing their produce Naxalbari
and Debra, the worst Naxalaffected areas, were selected for the
programme

Left Extremism

 As a result, the beneficiaries of these government programmes began

to distance themselves from Naxalism and the process signalled the
beginning of the end of Naxalism in these areas
 A case study about the left extremism affected Pavagada taluka of
Karnataka. The study reveals that once the Administration became
complacent and started withdrawing from its proactive role, left
extremism managed to regain a foot-hold in the area. There are
important lessons to learn from this experience – there is no ‘permanent
cure’ to conflict situations and any let up in measures which bring relief
can cause recrudescence of conflicts
Left Extremism

 Unlike the relatively successful stories outlined above, the situation in

Chhattisgarh today continues to cause serious concern. The Bastar
region of the State, where 12 Blocks are seriously affected, is an
example of how left extremism gained ground because, inter alia, the
tribals in the area were deprived of forest-based employment
 The situation in the region has not been helped by the raising of
local resistance groups called Salwa Judum
 Managing Left Extremism – the Political Paradigm
 The ‘14-point policy’ (2006) rightly underscores the need to
contextualize left extremism in a perspective that is much wider than the
conventional wisdom which places trust on a mixture of the ‘police stick’
and the ‘development carrot’ as the panacea for militant extremism
particularly of the left variety.

Left Extremism

 It needs to be emphasized that while the ultimate goal of the left

extremist movement is to capture state power, its immediate
manifestation is in the form of a struggle for social justice, equality,
dignity and honesty in public services
 The ‘containment’ of the problem may inter alia require
consideration of the following:
Most of the ‘participants’ in violence perpetrated under the banner of left
extremist organisations are alienated sections of society rather than
perpetrators of ‘high treason’ – they have to be treated as such.
A fortiori police action over a long period is counter-productive; it is
likely to affect the innocent more than the extremists
Left Extremism

Negotiations have a definite ameliorative role under the circumstances,

this is the experience the world over
Faithful, fair and just implementation of laws and programmes for
social justice will go a long way to remove the basic causes of
resentment among aggrieved sections of society
Sustained, professionally sound and sincere development
initiatives suitable to local conditions along with democratic methods of
conflict resolution have a higher chance of success
2nd ARC recommendations –

Left Extremism

a) A long-term (10-year) and short-term ( 5-year) Programme of

Action based on the ‘14-Point Strategy’ announced in Parliament
may be formulated by the Union Government in consultation with the
concerned State Governments to identify State specific action to be
taken to implement the ‘Strategy’
b) While agreeing with the spirit of the ‘14-Point Strategy’, negotiations
with the extremist outfits should be an important mode of conflict
resolution
c) There is a strong case for ‘back to the basics’ in the matter of
administrative monitoring and supervision
d) The system of periodic official inspections and review of organisational
performances needs to be revitalised.
Left Extremism

e) It must be recognised that a major reason for such practices falling in

disuse in ‘disturbed areas’ is the apprehension of senior functionaries
about their personal safety while on tour. It is advisable that the need
to provide suitable security to the senior administrative and technical
officers while on tour, is taken into account in working out requirements
for security forces in areas affected by serious violence
f) There is need to enhance the capacity of the security forces to act
effectively and firmly, but in conformity with constitutional bounds; it is
necessary that standard operational procedures and protocols are laid
down in specific terms and detail
g) Training and reorientation including sensitising the police and
paramilitary personnel to the root causes of the disturbances that they are
seeking to curb, are necessary

Left Extremism

h) Formation of trained special task forces on the pattern of the

Greyhounds in Andhra Pradesh should be an important element of the
strategy to build capacity in the police machinery for tackling left
extremism
i) Establishing and strengthening local level police stations,
adequately staffed by local recruits, in the extremist affected regions
should be an important component of the policing strategy for tackling left
extremism
j) For effective implementation of the Scheduled Tribes and other
Traditional Forest Dwellers (Recognition of Rights) Act, 2006,
multidisciplinary Oversight Committees may be constituted to ensure that
the implementation of this ameliorative legislation does not adversely
affect the local ecosystems
Left Extremism

k) Special efforts are needed to monitor the implementation of

constitutional and statutory safeguards, development schemes and land
reforms initiatives for containing discontent among sections vulnerable to
the propaganda of violent left extremism
l) To facilitate locally relevant development adequate flexibility may be
provided to implementing agencies in the affected areas as regards
centrally sponsored and other schemes, so as to enable them to
introduce suitable changes based on local requirements
m) Performance of the States in amending their Panchayati Raj Acts and
other regulations to bring them in line with the provisions of the
Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA)
and in implementing these provisions may be monitored and incentivised
by the Union Ministry of Panchayati Raj

Left Extremism

n) The nexus between illegal mining/forest contractors and

transporters and extremists which provides the financial support for the
extremist movement needs to be broken. To achieve this, special anti-
extortion and anti-money laundering cell should be established by the
State police/State Government
o) For implementing large infrastructure projects, particularly road
networks, that are strongly opposed by the extremists or are used to
extort funds from local contractors, the use of specialised Government
agencies like the Border Roads Organisation in place of contractors
may be considered as a temporary measure
Land Related Issues

 Land is a perennial source of conflict in all societies and even more so

in predominantly agrarian economies where apart from being the
principal asset, possession and ownership of land is the standard of
social respectability
 While successful implementation of land reforms in rural areas in the
1950s and 1960s abolished intermediaries and considerably abated
agrarian unrest, it resulted in the emergence of a new class of
proprietors
 Ceiling on agricultural holdings has had limited success in granting
landless labourers and small and marginal farmers access to land
ownership.
 The benefits of consolidation of land holdings visible in a few States
appear to have petered out as is evident from the stagnation in
agricultural production and renewed agricultural land fragmentation

Land Related Issues

 Land and the Agrarian Conflicts including Farmers’ Suicides

 The average size of agricultural holdings for the country as a whole
declined from nearly 2 Hectares (Ha) in to 1.32 Ha in 2000 to 1.1 Ha
in 2015-16
 Apart from being uneconomical, small and marginal holders are
particularly vulnerable to uncertainties of weather, market fluctuations
and even moderate increases in inputs costs etc - in short, small and
marginal farmers and even the ‘small-medium’ farmers (holdings of 2-4
Ha) are in the throes of one crisis or the other all the time
 The difficulties entailed by increased land fragmentation have been
compounded by rising indebtedness of farmers due to a multiplicity of
causes such as resort to non-formal sources like private money lenders
for short term credit
Land Related Issues

 The measures recommended include:

 Expanding the agricultural base by giving more support to small and
marginal farmers primarily through ‘Self Help Groups’ (SHGs) and
Cooperatives.
 Transferring informal debt to formal institutions.
 Rejuvenation of natural resource base particularly in rain fed areas.
 More effective risk coverage to protect the farmers from risks like price
and demand fluctuations, vagaries of weather and natural calamities
 Increased public investment not only in agriculture but for diversification
of the non-farm sector within the rural areas to generate alternative
livelihoods for farmers

Land Related Issues

 Poverty alleviation programmes to more specifically cater to the needs

of poorer farmers with farmers’ organisations being involved in the
design of such programmes
 empowerment of the tenants on the lines of ‘Operation Barga’ of
West Bengal are still highly relevant for empowerment of poor
farmers (giving them access to credit from financial institutions and
increasing their stake in the growth of agriculture)
 Displacement
 Acquisition of land is necessary for the larger socio-economic
development of a country. Putting land to more economic use and thus
increasing the economic returns to the society is the underlying principle
for acquisition of land
Land Related Issues

 The land acquisition laws provide for a reasonable compensation to be

paid to the land losers. But generally the compensation so paid is
inadequate because the evaluation of the market value of land is based
on techniques which do not reflect the actual value of the land to the
land loser
 There was no comprehensive policy for rehabilitation of such persons
until 2003 when Government of India formulated a National Policy on
the Resettlement and Rehabilitation of Project Affected Families
(2004)
 New National Rehabilitation and Resettlement (R&R) Policy (2007)
 The benefits to be offered under the new policy are -

Land Related Issues

 Land-for-land, to the extent Government land would be available in the

resettlement areas
 Preference for employment in the project to at least one person from
each nuclear family
 Training and capacity building for taking up suitable jobs and for self-
employment
 Wage employment to the willing affected persons in the construction
work in the project
 Special provisions for the STs and SCs include preference in land-for-
land for STs followed by SCs
Land Related Issues

 A Tribal Development Plan which will include a programme for

development for alternate fuel and also a programme of development
for non-timber forest produce resources
 A strong grievance redressal mechanism has been prescribed, which
includes standing R&R Committees at the district level
 Special Economic Zones
 The Special Economic Zones (SEZs) Policy was announced in April
2000 (to attract FDI and Create World Class Infrastructure +
minimum possible regulation)
 To instill confidence in investors and signal the Government’s
commitment to a stable SEZ policy regime and with a view to impart
stability to the SEZ regime the SEZ Act, 2005, was enacted

Land Related Issues

 The main objectives of the SEZ Act are:

Generation of additional economic activity
Promotion of exports of goods and services
Promotion of investment from domestic and foreign sources
Creation of employment opportunities
Development of infrastructure facilities
 The establishment of SEZ has become a source of conflict, leading
frequently to violence
 The Special Economic Zones Act, 2005 makes quite a few incremental
changes over the SEZ policy of 2000
Land Related Issues

1. Corporate I.T. exemption increased to a block period of 15 years:

100% I.T. exemption for 5 years, 50% for the next five years and 50%
of ploughed-back profits for the last five years
2. Other fiscal incentives in the form of exemption from Service Tax and
Securities Transaction Tax
3. Greater operational freedom, e.g., freedom to fix user charges
4. Approval committee for each zone to provide ‘single-window’
clearance in all matters and
5. SEZs are declared as public utilities under the Industrial Disputes Act

Land Related Issues

Administrative Arrangements for Conflict Resolution for SEZs

1. State Governments should not normally acquire the bulk of the lands
for the SEZs.
2. The better approach would be to have a limited number of large SEZs
preferably in backward areas so that they lead to infrastructure
creation
3. The SEZ law should also specify establishment of vocational training
centres.
4. Provision of water, sanitation and health facilities should precede the
actual developmental activities in the vicinity of the villages
5. SEZs promoted by farmers themselves should be encouraged
6. In establishing SEZs, use of prime agricultural land should be avoided
Land Related Issues

Land Records
The unsatisfactory state of land records is a major source of dispute
between individuals as also between individuals and the government
Recommendations at a glance
1. Provide renewed impetus to land reform measures
2. Redesign poverty alleviation programmes to make them more relevant
to the needs of small and marginal farmers
3. ‘Self Help Groups’ (SHGs) to improve access to credit and marketing
and empower the disadvantaged
4. Diversify risk coverage measures such as weather insurance schemes
and price support mechanisms

Water Related Issues

Water related issues

Water conflicts now divide every segment of our society: political parties,
states, regions, sub-regions within states, districts, castes, groups and
individual farmers. Water conflicts, not water, seem to be percolating
faster
A. Inter-state water conflicts
Constitutional Provisions and Important laws –
Water is essentially a State subject and the Union comes in only in the
case of inter-State waters
The Constitution contains a specific Article - Article 262 – which deals with
adjudication of disputes relating to matters of inter-state rivers or river
valleys
Water Related Issues

The Sarkaria Commission in its report on Inter-State River Water-

Disputes recommended that:
Once an application under Section 3 of the Inter-State River Water
Disputes Act (33 of 1956) is received from a State, it should be
mandatory on the Union Government to constitute a Tribunal
The Inter-State Water Disputes Act should be amended to empower the
Union Government to appoint a Tribunal, suo-moto, if necessary,
when it is satisfied that such a dispute exists
The Inter-State Water Disputes Act should be amended to ensure that
the award of a Tribunal becomes effective within five years from
the date of constitution of a Tribunal

Water Related Issues

The Inter-State Water Disputes Act was amended in 2002 and the
following important changes were made:
Government to establish a Tribunal within one year on a request by
a State Government.
The Tribunal to investigate the matters referred to it and give its
Report within a period of three years
(Government of India may extend the period by another two years)
Lessons Learnt from Inter-State River Disputes
The Union Government has not been able to act decisively and has
generally taken a ‘minimalist’ attitude
Water Related Issues
The time lost in delays due to wrangling both before and during
tribunal proceedings is very costly, in terms of loss of production, loss of
farmers’ income growth and the rising cost of constructing irrigation
systems
Measures taken
Resource planning should be done for a hydrological unit such as
the drainage basin as a whole
Setting up of River Basin Organisations (RBOs) as a body in which
the concerned State Governments, local governments and water users
would have representation and which would provide a forum for mutual
discussions and agreement
National Water Resources Council, 1983
National Water Policy, 1987

Water Related Issues

Envisaged Goals of RBOs

Enunciation of principles for the development of the basin
Issuing guidelines for major projects
Prescribing technical standards
Maintaining and improving water quality for all beneficial uses
Prescribing a framework for development of ground water controlling
land degradation
Rehabilitation of land resources to ensure their sustainable utilisation
and conservation of the natural environment of the basin
Water Related Issues

Some International Examples –

1. The French example – Integrated Basin Management
2. The South African Example – The National Water Act, 1998
3. The Chinese Example – The River Basin Commission

Water Related Issues

Water Related Issues

 2nd ARC recommendations –

The Union Government needs to be more proactive and decisive in
cases of inter-State river disputes and act with the promptness and
sustained attention that such disputes demand
Since Article 262 of the Constitution provides that neither the Supreme
Court nor any other Court shall exercise jurisdiction in respect of inter-
State river disputes, it is necessary that the spirit behind this provision is
fully appreciated
River Basin Organisations (RBOs) should be set up for each inter-State
river, as proposed by the Report of the National Commission for
Integrated Water Resources Development, 1999 by enacting a
legislation to replace the River Boards Act, 1956

Water Related Issues

The Chairmen of all the River Basin Organisations, as and when

formed, should be made members of the National Water Resources
Council
The National Water Resources Council and RBOs should play a more
positive role
In order to develop, conserve, utilise and manage water on the basis of
a framework that incorporates long term perspectives, a national water
law should be enacted
Issues Related to SCs, STs and OBCs

‘Established Order’ vs ‘Public Order’

 The Public Order is always as per the tenets of the rule of law while the
Established Order may not.
 Exploitation of the under-privileged sections of society may be
considered by the exploiting sections as the established order
 Constitutional Framework
 Protection: Legal/Regulatory measures for enforcing equality and
removing disabilities. Providing strong punitive action against physical
violence inflicted on them. Eliminating customary arrangements which
deeply hurt their dignity and person, Preventing control over fruits of
their labour and striking at concentration of economic assets and
resources and setting up autonomous watch-dog institutions to
safeguard their interests, rights and the benefits guaranteed to them

Issues Related to SCs, STs and OBCs

Compensatory discrimination: Enforcement of reservation provisions in
public services, representative bodies and educational institutions
Development: Measures to bridge the wide gap between the Scheduled
Castes and other communities in their economic conditions and social
status, covering allocation of resources and distribution of benefits
The Constitution recognises the need for providing special safeguards for
the Scheduled Castes and incorporates several Articles –
Article 17 of the Constitution abolishes untouchability and forbids this
practice in any form
Article 46 under the Directive Principles of the State Policy stipulates
that “The State shall promote with special care, the education and
economic interest of weaker sections of the people and in particular of
Scheduled Castes and Scheduled Tribes and shall protect them from
social injustice and all forms of exploitation”
Issues Related to SCs, STs and OBCs

Article 15(4) empowers the State to make special provisions for

advancement of socially economically backward classes of citizens and
for Scheduled Castes/Scheduled Tribes
Articles 330 and 332 provide for reservation of seats for Scheduled
Castes/Scheduled Tribes in the Lok Sabha and Vidhan Sabhas
Article 338 of the Constitution provides for the setting up of a National
Commission for Scheduled Castes
Legislative Framework –
Untouchability (Offences) Act, 1955
Protection of Civil Rights Act, 1955
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989

Issues Related to SCs, STs and OBCs

Apart from the above mentioned legislations dealing specifically with the
practice of untouchability, other social legislations were also enacted
post-Independence. Some of these are:
The Minimum Wages Act, 1948
Equal Remuneration Act, 1976
Child Labour (Prohibition and Regulation Act, 1986)
The prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013
Institutional Framework –
National Commission for Scheduled Castes
Issues Related to SCs, STs and OBCs

The Constitution lays down that it shall be the duty of the National
Commission for Scheduled Castes –
1. To investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes under this Constitution or under
any other law for the time being
2. To inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Scheduled Castes
3. To participate and advise on the planning process of socio-
economic development of the Scheduled Castes
4. To present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those
safeguards

Issues Related to SCs, STs and OBCs

5. To make in such reports, recommendations as to the measures that

should be taken by the Union or any State for the effective
implementation of those safeguards
National Commission for Safai Karamcharis
Its function is to oversee the laws and programmes relating to Safai
Karamcharis and particularly regarding abolition of manual scavenging
and for improvement of conditions of those engaged in this activity
Besides, the Human Rights Commission, established under the
Human Rights Act, 1993 also intervenes complaints of exploitation of
the Scheduled Castes and Scheduled Tribes
Advisories by the Ministry of Social Justice and Empowerment to
implement PCR (1955) & SC/ST PoA Act 1989 in letter & spirit
Issues Related to SCs, STs and OBCs

Administrative Action Required –

Effective implementation of various laws enacted for the purpose
Motivating the field functionaries
Monitoring and review by District Level Monitoring Committees
Police reforms
Engaging independent agencies to conduct field surveys to identify
cases of social discrimination
Coordination mechanism for the various National and State level
Commissions
Involving Panchayati Raj Institutions

Issues Related to SCs, STs and OBCs

Effective implementation of land reforms and other social legislation

Convergence of Regulatory and Development Programmes
Involvement of Civil Society Organisations (CSOs)
Expeditious Trial of Criminal Cases
2nd ARC recommendations –
a) Government should adopt a multi-pronged administrative strategy
to ensure that the Constitutional, legal and administrative provisions
made to end discrimination against the Scheduled Castes are
implemented in letter and spirit
b) To ensure speedy disposal of discrimination cases pending in
subordinate courts, an internal mechanism may be set up under the
control of the High Court Administrative Judge to review such cases
Issues Related to SCs, STs and OBCs

c) There is need to place a positive duty on public authorities for

promotion of social and communal harmony and prevention of
discrimination against the Scheduled Castes and Scheduled Tribes
d) There is need for engaging independent agencies to carry out field
surveys to identify cases of social discrimination
e) There is need to spread awareness about the laws and the measures
to punish discrimination and atrocities
f) The administration and the police should be sensitised towards the
special problems of the Scheduled Castes and Scheduled Tribe
g) Enforcement agencies should be instructed in unambiguous
terms that enforcement of the rights of the weaker sections should not
be downplayed for fear of further disturbances or retribution

Issues Related to SCs, STs and OBCs

h) The Administration should focus on the rehabilitation of the victims

and provide all required support to them including counselling
i) As far as possible the deployment of police personnel in police
stations with significant proportion of SCs and STs should be in
proportion to the population of such communities
j) A statutory duty may be cast on all public authorities to promote equality
and actively check social discrimination
k) It would be desirable to introduce a system of incentives wherein
efforts made by these officials in detecting and successfully prosecuting
cases of discrimination/atrocities against the Scheduled Castes are
suitably acknowledged
Issues Related to SCs, STs and OBCs

l) There should be training programmes for the law enforcement

agencies to suitably sensitise them to the problems of the Scheduled
Castes and the need for strict enforcement of laws
m) The local governments – municipalities and panchayats – should
be actively involved in various programmes concerned with effective
enforcement of various social legislations
n) The corporate sector and NGOs need to be involved in
complementing the efforts of government for the development of the
Scheduled Castes

Issues Related to SCs, STs and OBCs

ST specific issues –
A. Social Justice
Like the members of the Scheduled Castes, tribals are also subject to
atrocities. And, the position regarding the disposal of cases for crimes
committed against members of the Scheduled Tribes by courts is no
better than in the case of the Scheduled Castes In terms of the
implementation of laws and capacity building, recommendations made by
the Commission in case of the Scheduled Castes, hold good for the
Scheduled Tribes also
B. PESA - The Panchayats (Extension to the Scheduled Area) Act,
1996
Issues Related to SCs, STs and OBCs

The tribal communities have a tradition of decision making that is often

democratic in nature.
If the tribal population is made aware of the provisions of PESA and the
73rd Amendment to the Constitution, it would result in greater
participatory democracy in the tribal areas
A comparative analysis of PESA and the legislations enacted by the
States on this subject reveals that the provisions of PESA have been
highly diluted in the process of ratification by the States and most of the
powers of the Gram Sabha have been given to the district
administration or to the Zilla Parishad
PESA Objective –

Issues Related to SCs, STs and OBCs

The main objective in enacting PESA was to enable the tribal society
to assume control over livelihoods, have a say in management of
natural resources and to protect the traditional culture and rights
of the tribals
PESA derives its constitutional basis from Article 243 (m) (4) (b)
and the Fifth Schedule, and is a logical extension of the Fifth
Schedule
C. Displacement of Tribals
PESA had specifically provided for prevention of alienation of land. It
had asked the State Legislatures in the area not to make any law which
is inconsistent with the objective of preventing alienation of tribal land
Issues Related to SCs, STs and OBCs

Different laws exist in individual States in respect of mining and

industries in scheduled/tribal areas. It is imperative that these laws
should be in conformity with the principles of the Fifth and Sixth
Schedules of the Constitution
The dismal state of land records maintained by the local administration
is another source of frustration and conflict
 Lack of Harmony in Implementation of Laws and Policies
The basic system of laws governing Tribal Rights is still extremely
unclear. It is therefore imperative to create a task force that should
undertake a “Harmonisation of Laws”
Between Central Acts and Local Land Laws

Issues Related to SCs, STs and OBCs

Between Forest and Revenue Records and

Between Court judgments and other laws
Among the laws which warrant particular attention are the
The Mines and Minerals (Development and Regulation) Act, 1957
Forest Conservation Act, 1980
Indian Registration Act
 Conflicts Related to Inclusion in the List of Scheduled Tribes
There have been agitations –sometimes violent – by certain groups,
while laying their claims for inclusion in the list of Scheduled Tribes. The
agitation by Gujjars in Rajasthan, and a few groups in Assam are some
recent examples of such conflicts
Issues Related to SCs, STs and OBCs

Article 342 :- (1) The President may with respect to any State or Union
Territory, and where it is a State, after consultation with the Governor
thereof, by public notification, specify the tribes or tribal communities or
parts of or groups within tribes or tribal communities which shall for the
purposes of this Constitution be deemed to be Scheduled Tribes in
relation to that State or Union territory, as the case may be
(2) Parliament may by law include in or exclude from the list of
Scheduled Tribes specified in a notification issued under clause (1) any
tribe or tribal community or part of or group within any tribe or tribal
community

Issues Related to SCs, STs and OBCs

2nd ARC recommendations –

a) While all States in the Fifth Schedule Area have enacted compliance
legislations vis-à-vis PESA, their provisions have been diluted by
giving the power of the Gram Sabha to other bodies
b) Awareness campaigns should be organised in order to make the
tribal population aware of the provisions of PESA and the 73rd
amendment to the Constitution so as to demand accountability in
cases in which the final decisions are contrary to the decisions of the
Gram Sabha or Panchayat
c) There should be a complete overhaul and systematic re-
organisation of existing land records with free access to
information about land holdings
Issues Related to SCs, STs and OBCs

d) There is need to harmonise the various legislations and government

policies being implemented in tribal areas with the provisions of PESA
e) Mining laws applicable to Scheduled Tribal Areas should be in
conformity with the principles of the Fifth and Sixth Schedules of the
Constitution
f) Government should select such police, revenue and forest officials
who have the training and zeal to work in tribal areas and understand
as well as empathise with the population they serve
g) A national plan of action for comprehensive development which
would serve as a road map for the welfare of the tribals should be
prepared and implemented

Issues Related to SCs, STs and OBCs

h) There should be convergence of regulatory and development

programmes in the tribal areas
i) The authorities involved in determining the inclusion and exclusion of
tribes in the list of Scheduled Tribes should adopt a mechanism of
consultation with the major States and those with tribal populations
Issues related to OBCs
Constitutional Provisions
The Constitution refers to the term ‘backward classes’ in Articles
15(4), 16(4) and 340(1)
Articles 15(4) and 16(4) empower the State to make special provisions
for any socially and educationally backward class of citizens
Issues Related to SCs, STs and OBCs

Article 340(1) authorises the appointment of a Commission to

investigate the conditions of backward classes
Backward Class Commissions
The First Backward Class Commission which was appointed under
Article 340(1) submitted its Report in 1955
The Second All India Backward Classes Commission – the Mandal
Commission – submitted its report in 1980
The report of the Mandal Commission was partially implemented in
1991

Issues Related to SCs, STs and OBCs

 The Other Backward Classes in terms of the Government of India

notification of 8th September, 1993 include castes and communities
which are named in both the lists contained in the Report of the Second
All India Backward Classes Commission (Mandal Commission) and in
the list of individual State Governments
 There is, therefore, a major limitation on historical data about the
OBCs. The Registrar General of India and the Census Commissioner
had discontinued collection of caste-wise information (except for SCs
and STs) since the 1931 census.
 As a result, there are no time-series data on the demographic
spread of OBCs and their access to amenities.
Issues Related to SCs, STs and OBCs

 Even the Mandal Commission which had estimated the OBC

population at 52 per cent of the country’s total population, had
used the 1931 census data
 No socio-economic survey has been conducted of the Other
Backward Classes in the country
2nd ARC recommendations –
a) Government may work out the modalities of a survey and take up a
statewise socio-economic survey of the “Other Backward Classes”,
which could form the basis of policies and programmes to improve
their status
b) Government needs to formulate and implement a comprehensive
scheme for capacity building of OBCs that would bring them at par
with the rest of society

Religious Conflicts

 The preamble to our Constitution clearly declares the intention to secure

to all citizens ‘liberty of thought, expression, belief, faith and worship’
 Constitutional Provisions –
Article 25 guarantees freedom of conscience and the right to freely
profess, practice and propagate religion
Article 26 ensures the right to manage religious institutions and
religious affairs
Article 29 grants the rights to all citizens to conserve their language,
script and culture
Article 30 provides for the protection of the interests of religious and
linguistic minorities by giving them a right to establish and administer
educational institutions of their choice
Religious Conflicts

Article 350A directs the State to provide facilities for instruction in the
mother tongue at the primary stage in education
Defining Communalism –
Communalism in a broad sense implies blind allegiance to one’s own
communal group – religious, linguistic or ethnic – rather than to the
larger society or to the nation as a whole.
In its extreme form, communalism manifests itself in hatred towards
groups perceived as hostile, ultimately leading to violent attacks on
other communities
Causes of Communal Violence –
A. Systemic Problems

Religious Conflicts

1. Conflict resolution mechanisms are ineffective;

2. Intelligence gathered is not accurate, timely and actionable; and
3. Bad personnel policies - poor choice of officials and short tenures -
lead to inadequate grasp of local conditions
B. Administrative Shortcomings
1. The administration and the police fail to anticipate and read indicators
which precipitated violence;
2. Even after the appearance of first signals, the administration and
police are slow to react
Religious Conflicts

3. Field functionaries tend to seek and wait for instructions from superiors
and tend to interfere in local matters undermining local initiative and
authority;
4. The administration and police at times act in a partisan manner; and
5. At times there is failure of leadership, even total abdication on the part
of those entrusted with the maintenance of public order
C. Post-riot Management Deficiencies
1. Rehabilitation is often neglected, breeding resentment and residual
anger; and
2. Officials are not held to account for their failures, thus perpetuating
slackness and incompetence

Religious Conflicts

The citizen centric initiatives to minimize such conflicts would include :

i. Cooperation and coordination with the police (community policing).
ii. Cooperation and coordination with the administration (citizens’
committees)
 The basic principle underlying community policing is that ‘a policeman
is a citizen with uniform and a citizen is a policeman without
uniform’.
 The term ‘community policing’ has become a buzzword, but it is nothing
new. It is basically getting citizens involved in creating an
environment which enhances community safety and security
Religious Conflicts

 Many States in India have taken up community policing in some form or

the other. Be it ‘Maithri’ in Andhra Pradesh, ‘Friends of Police’ in
Tamil Nadu, Mohalla Committees in Bhiwandi (Maharashtra)
 The NCRWC’s recommendation - “The setting up of ‘Mohalla
Committees’ with the participation of different communities to take note
of early warning symptoms and alerting the administration in preventing
them have produced enduring beneficial results, has been endorsed by
2nd ARC
 The Sachar Committee (2006): It has addressed almost all the
problems that the Muslim community has been facing and has made
comprehensive recommendations for their empowerment and a number
of policy suggestions to deal with the relative deprivation of these
communities

Religious Conflicts

 The Communal Violence (Prevention, Control and Rehabilitation of

Victims) Bill, 2005
The Bill provides for the punishment of various offences in case of
communal violence
The Bill provides for mechanisms for relief and rehabilitation of victims
of communal violence
One of the important provisions of the proposed Bill is the special
powers of the Union Government to deal with communal violence in
certain cases
2nd ARC recommendations –
a) Community policing should be encouraged
Religious Conflicts

b) District Peace Committees/Integration Councils should be made

effective instruments of addressing issues likely to cause communal
disharmony. The District Magistrate in consultation with the
Superintendent of Police should constitute these committees. Further,
Mohalla Committees should also be organised on the same lines
c) In conflict prone areas, the police should formulate programmes in
which the members of the target population get an opportunity of
interacting with the police as a confidence building mechanism
d) A separate law to deal with communal violence is not required.
The existing provisions of the Indian Penal Code and the Criminal
Procedure Code need to be strengthened. This may be achieved by
incorporating provisions for:

Religious Conflicts

Enhanced punishments for communal offences

Setting up of special courts for expeditious trial of cases related to
communal violence
Giving powers of remand to Executive Magistrates in cases of
communal offences
Prescription of norms of relief and rehabilitation
Further, as recommended in Commission’s Report on ‘Public Order’,
this should be accompanied by the deletion of the provisions
contained in Section 196 of CrPC requiring prior sanction of the
Union or State Government or the District Magistrate for initiating
prosecution for offences under Sections 153A, 153B, 295A and sub-
sections (1)(c), (2) and (3) of Section 505 of IPC
Religious Conflicts

e) For providing relief and rehabilitation to victims of communal violence,

the framework provided under the Disaster Management Act, 2005 could
be effectively used

Politics and Conflicts

1. Identity issues – in which collective identities such as those based on

language, religion, sect, caste and tribe, assume preeminence +
worldwide phenomena
Case of Gujjar and Meena Communities
A recent example is the increasing conflict generated by sections of
society wanting to be counted as tribes, as evidenced in the agitation by
the Gujjar community and its opposition by the Meena community in
Rajasthan
Identity politics and Democracy
Democratic politics has played a crucial role in shoring up identity based
on language, religion and caste because the primary concerns of
democratic politics were centred on the distribution and redistribution of
the benefits
Politics and Conflicts

 In the early days of Independence, political parties used to woo all

sections of society irrespective of caste, religion, community or class.
They projected an inclusive nationalist image rather than that of
any sectional interest
 A positive aspect of the stress on particular social segments is that
some of the groups or interests that were earlier marginalized have
been able to find more space for themselves within the political and
social systems.
 They have more bargaining power than they had in the past, and are
now increasingly part of the mainstream. But the negative aspect has
been the growth of a group-based approach in all matters
 Fragmentation of the political party system based on the proliferation of
narrow and local identities can continue endlessly

Politics and Conflicts

 In Andhra Pradesh, for example, the conflict between Malas and

Madigas, two important Dalit communities in the State, has led to the
emergence of separate political organisations
2nd ARC recommendations –
a) Political parties should evolve a code of conduct on the forms of
dissent permissible in our democratic set up. This could be
incorporated in a law, which would apply to all political parties and
their functionaries. Enforcement of the law could be entrusted to the
Election Commission
b) There should be consensus that identity politics would be played
within the space provided by democracy and not allowed to develop
into intractable conflicts leading to violence
Regional Disparities

Inter-State Disparities
Intra-state Disparities (North Karnataka vs South Karnataka,
Jamshedpur vs rest of Jharkhand)
 The Administrative Approach
Initially, the National Rural Employment Guarantee Act, 2005 (NREGA)
was introduced in 200 of the most backward districts of the country
BRGF, SCA (special central assistance), ACA (additional central
assistance), Aspirational Districts
2nd ARC recommendations –

Regional Disparities

a) Union and State Governments should adopt a formula for Block-wise

devolution of funds targeted at more backward areas
b) It is advisable to strengthen local governments and make them
responsible and accountable
c) A system of rewarding States (including developed States) achieving
significant reduction in intra-State disparities should be introduced
d) Additional funds need to be provided to build core infrastructure at the
inter-district level in less developed States and backward regions in
such States
e) The approach to all such funding should be outcome driven
Conflicts in the North East

Constitutional Provisions
 The Constitution-makers, recognising the significant difference in the
way of life and administrative set up of the North Eastern region from
the rest of the country, provided for special institutional arrangements
for the tribal areas in the region, giving them a high degree of self
governance through autonomous District Councils under the Sixth
Schedule of the Constitution
 Critics agree that the Sixth Schedule has to some extent satisfied tribal
aspirations and has thus prevented many conflicts.
 Similarly, the gradual administrative reorganisation of the region with
the formation of the States of Nagaland (1963), Meghalaya (1972),

Conflicts in the North East

 Conferring first, status of Union territory (1972) and subsequently

Statehood (1987) to Arunachal Pradesh and Mizoram and elevation
of Manipur and Tripura from Union Territories to States in 1972
attest to the considerable attention given to reduce conflicts in the
region through increased empowerment
 Formation of North Eastern Council in 1972
 The “look-east” policy announced by the Government of India
envisages the North Eastern region as the centre of a thriving and
integrated economic space linked to the neighbouring countries such as
Myanmar and Thailand
 Roots of Insurgency in North-East
Conflicts in the North East

1. Ninety-eight per cent of the borders of the region are

international borders, pointing to the region’s tenuous geographical
connectivity with the rest of India
2. Rate of population growth has exceeded two hundred per cent
between 1951-2001, generating great stress on livelihoods and
adding to land fragmentation
3. The region which has more than 125 distinct tribal groups – a
diversity not to be seen in States like Jharkhand and
Chhattisgarh where tribal populations predominate
Typology of Conflicts
1. National conflicts: Involving concept of a distinct ‘homeland’ as a
separate nation and pursuit of the realisation of that goal by its votaries

Conflicts in the North East

2. Ethnic conflicts: Involving assertion of numerically smaller and less

dominant tribal groups against the political and cultural hold of the
dominant tribal group. In Assam this also takes the form of tension
between local and migrant communities
3. Sub-regional conflicts: Involving movements which ask for
recognition of sub-regional aspirations and often come in direct conflict
with the State Governments or even the autonomous Councils
State Specific Conflict Profiles
A. Arunachal Pradesh
The State has remained peaceful after the cease-fire with NSCN which
was active in Tirap District
Conflicts in the North East

B. Assam
‘influx of foreigners’ + there are a number of extremist outfits led by the
United Liberation Front of Assam (ULFA)
C. Manipur
The Meitei influence declined in the socio-economic spheres after
Independence with the tribals coming into the forefront largely because of
reservations + There was also resentment in a section of the Meitei
society about the merger of the State with the Indian Union – a
resentment which led to the Meitei insurgency from the 1960s
D. Meghalaya
Increasing inter-tribal rivalry + Emerging tensions about infiltration from
Bangladesh particularly in the Garo Hills

Conflicts in the North East

E. Mizoram
Following an accord between Union Government and the Mizo
National Front in 1986 and conferment of statehood the next year,
complete peace and harmony prevails in Mizoram
F. Nagaland
The cease-fire between the Union Government and the National
Socialist Council of Nagaland (NSCN) has reduced violence in Naga
areas but has given rise to fresh tensions as the NSCN insists on a
greater ‘Nagalim’ which would include four Districts of Manipur
G. Sikkim
No emergence of Major conflicts
Conflicts in the North East

H. Tripura
The State’s demographic profile was altered since 1947 when mass
migrations from the newly emerged East Pakistan converted it from a
largely tribal area to one with a majority of Bengali speaking plainsmen +
The resultant tensions caused major violence and widespread terror with
the tribal dominated Tripura National Volunteers (TNV)
 Modes of Conflict Resolution
(i) security forces/ ‘police action’;
(ii) more local autonomy through mechanisms such as conferment of
Statehood, the Sixth Schedule, Article 371 C of the Constitution in case of
Manipur and through ‘tribe specific accords’ in Assam etc;

Conflicts in the North East

(iii) negotiations with insurgent outfits; and

(iv) development activities including special economic package
Capacity Building for Conflict Resolution
(i) Capacity Building in Administration
(ii) Capacity Building in Police
(iii) Capacity Building in Local Governance Institutions
(iv) Capacity Building in Regional Institutions
(v) Capacity Building in other Institutions
Conflicts in the North East

2nd ARC recommendations for Capacity Building in Administration

a) Greater opportunities may be provided to officers serving in the region
to serve outside the North East to gain greater exposure to diverse
work situations
b) Incentives available for officers working in the North East should be
increased
c) Regional training institutions for various branches of administration,
including the technical services may be operated by the North Eastern
Counci
d) NEC may initiate discussions with the States to examine the legal
implications and feasibility of regional cadres for senior positions
in technical and specialised departments under the States

Conflicts in the North East

2nd ARC recommendations for Capacity Building in Police

a) The North Eastern Police Academy (NEPA) needs major upgradation
of infrastructure and staff to cater to a larger number of officers at the
induction level
b) Concrete steps are needed to introduce a scheme of deploying police
personnel from the region to Central Police Organisations and to
encourage deputation of police officers from outside the region to the
North Eastern States
2nd ARC recommendations for Capacity Building in Local
Governance Institutions
Conflicts in the North East

a) To avoid complaints of less favourable treatment to ‘Scheduled Areas’

in certain respects, suitable amendment may be made in the Sixth
Schedule of the Constitution to enable the Autonomous Councils
to benefit from the recommendations of State Finance
Commissions and the State Election Commissions provided
respectively under Articles 243I and 243K of the Constitution of India
b) Ministry of Home Affairs may, in consultation with the concerned State
Governments and the Autonomous Councils, identify powers under
the Sixth Schedule that Governors may exercise at their discretion
without having to act on the ‘aid and advice’ of the Council of
Ministers as envisaged in Article 163 (1) of the Constitution

Conflicts in the North East

2nd ARC recommendations for Capacity Building in Regional

Institutions
a) The NEC Act, 1971 may be suitably amended to restore the original
‘conflict resolution provision’ requiring the Council to ‘discuss issues of
mutual interest to two or more states in the region and to advise the
Central Government thereon’
b) The responsibility of sanctioning funds from the ‘Non Lapsable Central
Pool of Resources’ (NLCPR) should be entrusted to the North Eastern
Council (NEC)
c) It is desirable that a 10-year perspective plan is prepared for the
entire region encompassing areas like development of human
resources and infrastructure
Conflicts in the North East

d) The Ministry for Development of North Eastern Region (DONER)

may be abolished and the responsibility for the development of the
region, including the infrastructure sectors, and utilisation of the
non-lapsable fund should be restored to the subject matter
Ministries, with the MHA acting as the nodal Ministry
2nd ARC recommendations regarding Capacity Building in other
Institutions
The MNIC (Multi Purpose National Indentity Card) project needs to
be taken up on a priority basis. Since there are several Union
Government and State Government agencies which issue similar
identity cards, it would be necessary to achieve convergence amongst
all such systems

Conflicts in the North East

A comprehensive framework needs to be evolved and put in place to

promote the region as a preferred investment destination
A Transport Development Fund to finance construction of important
road corridors should be set up
Rail connectivity should be improved in the region on a priority basis
There is need for setting up of centres of excellence for professional
and higher education in the North East
It is necessary to evolve a credible system of maintenance of land
records for the North East
Operational Arrangements for Conflict Management
A. Executive and Conflict Management – Police and Executive
Magistracy
2nd ARC recommends –
a) Police Reforms recommended by the Commission in its Fifth Report,
“Public Order”
b) Police Manuals must be updated to contain suitable provisions
extending the scope of responsibilities of Police officials to include
conflict resolution in their charter of duties
c) Executive Magistrates in their capacity as Revenue and other field
level officials have extensive public inter-face and enjoy considerable
goodwill particularly in rural areas. Their familiarity with the field
situation and general acceptability makes them eminently
suitable to be involved as interlocutors in mediating in local
conflicts

Operational Arrangements for Conflict Management

B. Judicial Delays and Alternative Dispute Redressal

2nd ARC recommends –
a) Allocation of resources for upgradation of infrastructure and personnel
of the subordinate judiciary needs to receive higher priority in federal
fiscal transfers
b) Much greater attention needs to be paid to make the institution of Lok
Adalats serve their intended objective
c) Ministry of Law may initiate a dialogue with the Bench and the Bar of
the higher judiciary to explore ways and means of bringing ‘greater
finality’ to the decisions of quasi-judicial authorities and bodies
Operational Arrangements for Conflict Management

C. Civil Society and Conflict Resolution

2nd ARC recommends –
a) General policy guidelines need to be formulated by the State
Governments for involving both the Panchayats and urban local
bodies along with ‘nonpolice’ instrumentalities of the State, in
conflict resolution
b) Guidelines of Centrally sponsored and Central Sector Schemes may
be suitably modified to require that beneficiary capacity building may
also emphasise developing self-reliance in local conflict management

Institutional Arrangements for Conflict Management

Some of the salient provisions of the Indian Constitution which seek to

provide an institutional platform for conflict prevention or resolution are:
1. Article 131 recognises the importance of resolving Union-State/s
and inter State disputes as being inherently vital to the smooth
functioning of a federal polity and confers the exclusive original
jurisdiction on the Supreme Court to try suits concerning such
disputes
2. Article 262 empowers Parliament to exclude by legislation,
jurisdiction of all courts, including the Supreme Court, in a
sensitive area of conflict viz. inter State Rivers or River valleys
water disputes and to provide for adjudication of such disputes
3. Article 263 envisages inter-State Councils for resolution of
disputes and to discuss matters of mutual interest to the Union and
the States as well as issues requiring coordination between them
Institutional Arrangements for Conflict Management

4. Article 280 provides for establishment, ordinarily for five-year periods,

of a quasi-judicial Finance Commission to recommend the norms of
distribution of certain central levies between the Union and the States
5. Article 307 authorises setting up an authority to facilitate inter-State
trade and commerce
6. Article 350B which provides for a special officer to safeguard the
interests of linguistic minorities, and
7. Articles 338 and 338A which provide for Commissions to promote and
protect the interests of Scheduled Castes and Scheduled Tribes
respectively

Institutional Arrangements for Conflict Management

Institutions established under constitutional provisions

1. The Inter-State Council
2nd ARC recommendations –
a) The Inter-State Council may not exist as a permanent body
b) The composition of an Inter-State Council may be flexible to suit the
exigencies of the matter referred to it under Article 263
c) If necessary, more than one Inter-State Council could be in existence
at the same time with different terms of reference and composition as
warranted for each Council
Institutional Arrangements for Conflict Management

2. The National Commission for Scheduled Castes and The National

Commission for Scheduled Tribes
2nd ARC recommendations –
It is imperative that the focus of the two Commissions remains on policy
and larger issues of implementation rather than on cases of an individual
nature
Institutions under legislative enactments
1. The Zonal Councils
2nd ARC recommendations –

Institutional Arrangements for Conflict Management

The system of Zonal Councils may be dispensed with. Important

issues of inter-State coordination or disputes between States in the same
region may, wherever necessary, be entrusted to an Inter-State Council
with appropriate composition and terms of reference so that any given
issue is considered in depth
2. NHRC
3. NCBC
Institutions Established under Executive Orders
1. The National Integration Council (NIC)
Institutional Arrangements for Conflict Management

2nd ARC recommendations –

a) The mandate of the National Integration Council (NIC) requires
consideration of all factors impinging on national cohesion, and not
only communalism or communal violence. The agenda of the NIC
needs to be diversified
b) The composition of the NIC may be rationalised to facilitate
consideration of a wider variety of issues
c) Summary proceedings of the NIC may be laid before both Houses of
Parliament
2. National Development Council

Institutional Arrangements for Conflict Management

2nd ARC recommendations regarding other institutional innovations

a) State Integration Councils may be constituted to take stock of State
level conflict situations having suitable linkages with the NIC
b) District level integration Councils (District Peace Committees) having
suitable linkages with the State Councils may also be considered
particularly for Districts with a history of violent, divisive conflicts