Implementation of the various provisions to protect the tribals of the Andaman and Nicobar Islands has been poor

The debates following the recent alleged killing of an American national, John Allen Chau, by the Sentinelese have put the spotlight on the vulnerability of an indigenous community that has lived for thousands of years with little contact with outsiders. The Sentinelese have been more fortunate than the Jarawas, though. The Andaman Trunk Road, among other projects, has cut into the heart of the Jarawa reserve, which has not only disturbed their ecological environment but has also changed their lifestyle and dietary habits and endangered them.

There are four ancient Negrito tribal communities in the Andaman Islands (the Great Andamanese, Onge, Jarawa and Sentinelese) and two Mongoloid tribal communities in the Nicobar Islands (the Shompen and Nicobarese). Except the Nicobarese, the populations of the other tribes have reduced drastically over the decades.

From Nehru to now

What has been India’s policy towards these tribals? Jawaharlal Nehru’s Tribal Panchsheel were the guiding principles after Independence to formulate policies for the indigenous communities of the Andaman and Nicobar Islands. Based on them, the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation (ANPATR), 1956 was promulgated by the President. This Regulation protected the tribals from outside interference, specified the limits of reserved areas and said no land in a reserved area shall be allotted for agricultural purposes or sold or mortagaged to outsiders. Those violating the land rights of the tribals were to be imprisoned for one year, fined ₹1,000, or both. Despite this, there continued to be constant interactions between the tribals and settlers/ outsiders.

A policy of non-intervention was also proposed by an expert committee on the directions of the Supreme Court. The committee submitted its report in July 2003. The trigger for this was a 1999 petition that sought to bring the Jarawas into the mainstream. The committee recommended protecting the Jarawas from harmful contact with outsiders, preserving their cultural and social identity, conserving their land and advocated sensitising settlers about the Jarawas.

In 2005, nearly 50 years after it was promulgated, the ANPATR was amended. The term of imprisonment as well as the fine were increased. However, in the years in between, the Andaman Trunk Road had already ensured increased interaction with the tribals. In the case of the Jarawas, this had led to the spread of diseases, sexual exploitation, and begging. Similarly, a policy for protecting the Shompen tribes was released only in 2015. However, in spite of the 2005 amendment, videos of commercial exploitation of the Jarawas in the name of “human safaris” were widely reported in the media. Following this, the government amended the ANPATR yet again in 2012, creating a buffer zone contiguous to the Jarawa tribal reserve where commercial establishments were prohibited, and regulating tourist operators. Despite all these amendments and provisions, there continue to be numerous reports of civilian intrusion into the Jarawa tribal reserve.

International conventions

International policy has changed over the decades. While the Indigenous and Tribal Populations Convention, 1957, of the International Labour Organisation (ILO) insisted on an integrationist approach towards tribal communities, the 1989 convention insisted on a policy of non-intervention, “recognising the aspirations of these peoples to exercise control over their own institutions, ways of life and economic development.” India ratified the 1957 convention but has not ratified the 1989 convention. However, despite not signing it, India tried to tread the path of non-interference.

Therefore it it puzzling that in August the government relaxed the restricted area permit (RAP) for 29 islands in the Andaman and Nicobar, including North Sentinel Island. If the government has decided to ease the restrictions in a phased manner, this could adversely affect the indigenous population in the long run. Such commercialisation of tribal spaces could lead to encroachment of land, as we see in other parts of the country. Considering the significance of the indigenous tribes of the Andaman and Nicobar Islands, the government needs to reorient its priorities towards protecting them from outside influence. India needs to sign the 1989 convention of the ILO, and implement its various policies to protect the rights of the indigenous population. It should also make efforts to sensitise settlers and outsiders about them. That Chau was helped in his journey shows a lack of understanding about the Sentinelese. Only concrete efforts can prevent such an incident from happening again.

Venkatanarayanan S. is Assistant Professor, Andaman Law College, Port Blair