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Thursday, December 31, 1998

Governor has a responsibility towards Dangs

Virender Kumar  
AHMEDABAD, Dec 30: Unlike in other parts of Gujarat where attacks on the minorities have taken place in the past, the centre and the Governor have a special responsibility in the tribal district of the Dangs, where Christians and their institutions have come under attack from Sangh Parivar hardliners.

For the Dangs district is a notified scheduled area, covered by Article 244 (1) of the Constitution, also called the Fifth Schedule, which governs ``the administration and control of scheduled areas and scheduled tribes''. This constitutional provision gives the centre as well as the Governor certain powers, claim social activists, and political leaders.

For example, under section 3 of the Fifth Schedule, the centre has the power to give ``directions to the state as to the administration'' of scheduled areas while, under sections 5 (2), the Governor can ``make regulations for the peace and good government'' after consulting the Tribes Advisory Council.

According to Achyut Yagnik, a social and human rights activist, there is ``neither peace, nor good government'' in the Dangs, yet neither the Centre, nor the Governor had acted, while the Tribes Advisory Council seemed to be defunct. He said that in matters pertaining to scheduled areas, the Governor did not have to wait for the state government's advice.

Senior Congress leader and former Chief Minister Amarsinh Chaudhary, who is a tribal, was also of the view that the Governor ``could bypass the state government'' in matters pertaining to the Fifth Schedule. ``He is only supposed to report to the President, through the Government of India'' but, unfortunately, all Governors in Gujarat have refrained from exercising their power in this matter, Chaudhary said.

Prakash Shah, Convener of the Movement for Secular Democracy, wondered, ``What is the point of having constitutional provisions if these are not used?''

He said that the Centre, which sent a team of officers to the state today, should have acted much earlier. ``I hope the Centre would now issue the necessary directions to the state government,'' he said.

A delegation of the Rashtriya Janata Party on Wednesday called on Governor Anshuman Singh and urged him to intervene in the Dangs, saying that ``a sense of fear and insecurity had gripped the minorities''. They told the Governor that Article 244 (1) empowered him to make a report on administration of the scheduled areas and send it to the President.

Headed by state RJP president Madhusudan Mistry, and consisting of former chief minister Dilip Parikh and others, the delegation said the Governor's intervention was necessary because the state government had failed to check lumpen elements.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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