The BJP is also denied of the right nature of feedback from the RSS which has been active in tribal areas countering the Christian organizations for pretty long years. It was expected that the Sangh would come out with certain ideological guideline. Its inability nevertheless puts a question mark on its concern and sensibilities towards the tribal population. Had it been really sincere to the adivasi cause it must have come out with some positive suggestions. Since it was simply focused on countering the Christian organizations on the plea of checking their conversion design, it did not at all bother for welfare of the poor tribal people.

Significantly the Raghubar Das led BJP government is pushing for a policy aimed at reserving Grade 3 and 4 jobs for locals, but the move has suffered a setback due to lack of consensus amongst the political parties on the question of who would qualify as original residents of the state.

The political forces and parties have been simply giving a bandh call or dharna to keep the issue alive and get some political mileage. Jharkhand also witnessed one day bandh in the last week of December 2015 called by tribal organizations demanding domicile policy. The bandh by the Jharkhand Mukti Morcha and Left parties was also backed by the Adivasi Jan Parisad, the Adivasi Moolvasi Chhatra Morcha, the Adivasi Sarna Mahasabha and the Jharkhand Disom Party.

Though Bandh was a success, the adivasi people were apprehensive of the move. The adivasi activists openly voice; 'The life of the tribals has not changed in so many years. The situation is forcing them to migrate. It is a big threat to their culture, history and the tribal heritage. A domicile status would have at least protected them and their lands from the vested interest and land sharks who have been moving around in the state.” They said; “some people allege the tribal leaders and activists of using this issue to divide people. It is not true. It is related to our identity. The tribals are turning homeless in their own land. Yes of course earlier we resorted to struggle and movement for separate state but we were not aware that the political power would be in the control of the people who are not interested in welfare of adivasis”.

The confusion that grips the political establishment of Jharkhand is also manifest in the words of JMM working president Hemant Soren, son of Shibu Soren. On the occasion of observance of 44th foundation day in Dhanbad this week, Hemant Soren said the BJP government was deliberately delaying the implementation of a local residents' policy that would guarantee Class III and Class IV jobs for natives of Jharkhand. 'The Class III and Class IV jobs in the state should be reserved for local people or moolvasis. The party will launch a statewide movement to press for local people's rights.' He was not candid enough in demanding implementation of the domicile policy. Politically his statement was vague and meant not to displease the people belonging to other 'native' communities.

Hemant also alleged, 'The government is acquiring plots of adivasis at cheapest price and giving to business houses. If at all it is keen to bring investment and speed up industrialisation, it should provide its own land to industrialists instead of evicting poor people from their lands.' Though JMM and Hemant were critical of the BJP government’s stance on the domicile policy, and urged the people to come out of their slumber and fight for their rights, they did not spell out their stand and strategies on this issue.

Tribal activists also point out that some time back 45 adivasi families were duped into selling their lands near Bokaro lured by promises of jobs in a garment factory that was never built. Tetulia, located near Bokaro is a classic example of land alienation through breach of law. The village has completely lost its identity and is now known as Bari Cooperative; 250 posh buildings have replaced the earlier mud houses and non-adivasis are now the proud owners of land that once belonged to the Santhal adivasis. Forty-five Santhal families used to live in the village but their lands were also grabbed and they were forced to leave the area. Some who survive, live in mud houses outside the cooperative area.

This is only one of thousands of cases of adivasi land alienation in Jharkhand, though the century old Chhotanagpur Tenancy Act CNT) prohibited transfer of adivasi lands to non-adivasis. This is certainly not a new case. According to the Ministry of Rural Development's Annual Report 2004-2005, Jharkhand tops the list of adivasi land alienation in the country, with 86,291 cases involving 10,48,93 acres of land. Adivasis have been demanding severe action against breaches in the law that have resulted in the loss of over 22,00,000 acres of land since Independence. But so far no action has been initiated.

Builders’ lobby has suggested two quick-fixes to the government so as to safeguard their business interests: One is to revisit the list of backward classes that were incorporated under the CNT Act in 1962 and prune the list to keep only the extremely backward classes. This would free a lot of land from the purview of the Act. The other step is to modify the amendment of 1981 which extended the act to municipal areas and notified areas committees, so that the municipal corporation areas of Ranchi and Dhanbad are kept outside the CNT Act.

Issuing a domicile certificate while would help the adivasis to protect their land, they would also get a new orientation to their fundamental rights. The most sensitive part of domicile controversy is taking “1932” as the cut-off year for determining the “domicile” status on the basis of land documents. Intriguingly there was no reference to the year “1932” in the official document of the Marandi Government concerning the domicile policy. The domicile certificate has come to symbolise the adivasi identity. (IPA Service)