An advocate in this village? Until recently, there was no electricity or ready potable water in this cluster of dozens of ramshackle mud huts. Most families had not been schooled for generations.

The village, called Umadvad, is one of thousands of unknown, forgotten villages in rural India. Typically, their residents fight a futile battle against illiteracy, abject poverty, government apathy, and upper-class exploitation. The next few moments proved otherwise, however.

A Jesuit priest named Father Stanny Jebamalai stepped down from the jeep and introduced the girl to his fellow travelers. She is 28-year-old Surekha ben Raisinghbhai Chowdhury ("ben" means sister). The signboard belongs to her, and she is the Umadvad's first lawyer. She also is the village representative to the Adivasi Sarvangi Vikas Sangh (Tribal People's Organization).

People's Organizations are providing the beginnings of civil society for a population that has lacked access to government and mainstream citizen sectors. They are self-funded, self-led and largely self replicating organizations.

Surekha ben's presence in the village demonstrates how a marginalized adivasi (tribal) people in India are taking charge of their lives – a trend that is slowly gathering momentum and power. Father Jebamalai – or "Sannybhai" ("bhai" means brother), as he is affectionately known here – is the prime architect of this phenomenon.

Jebamalai, age 49, has single-handedly organized "displaced" tribals, who live in parts of the Surat district of Gujarat, to create a corps of community organizers. These organizers help their fellow adivasis identify and assert their rights as equal Indian citizens, and to make non-tribals respect their rights.

Jebamalai's white jeep has become a symbol for the tools of self-reliance that he carries from one village to another. But, having set the wheels of change in motion, he seems quite content watch from the wings.

Erosion of Dignity and Identity

In India, adivasis usually live in forested areas. Traditionally, they have survived by fishing, hunting and using other forest resources. Their tribal economies have been largely self-sustaining.

Before the arrival of colonial powers in India, the adivasis' governance was self-regulated, with little intervention from outside. European colonization first opened their homelands to the outside world, which led to exploitation of the natural resources.

The fate of the adivasis did not improve when India gained independence. Overnight, the forests became national property in the name of development and conservation. The tribals were treated as poachers in their own homelands. The government offered sops in return, sometimes neglecting to fulfill even meager promises of compensation.

In the tribal areas of the Surat district, tribals have been displaced by dams for large-scale irrigation projects. They have been forced to relinquish their lands to benefit those downstream – usually non-tribals – who are served by the irrigation project.

People's Organization representatives, members and coordinators at the site of a dam in the Songadh division

The government has been a major usurper of the tribals' land rights. Accelerating deforestation has added to their woes. Today, up to 60 percent of the tribals' population is forced to migrate seasonally in search of a livelihood.

This has reduced their ability to manage households and receive an education, and has led to an erosion of their power and identity. A once proud and dignified people has been reduced to living in slums; children beg for work in mines and factories, and women have resorted to prostitution.

Reawakening a Sense of Pride

By establishing the Legal Aid and Human Rights Center (LAHRC), which he directs, Jebamalai is orchestrating a new beginning for the tribal peoples. LAHRC's headquarters and branch offices are located in the Surat district of Gujarat state, where it has fostered People's Organizations in every hamlet in seven of Surat's fourteen talukas (districts), covering an area with a radius of 200 km.

Jebamalai has worked to reawaken tribals' sense of pride in their heritage, giving them the tools they need to voice their demands, then leaving them to refashion their own destiny. His grassroots strategy facilitates empowerment by creating an awareness of the law that strengthens and mobilizes energy within tribal communities.

To this end, he has armed people – like the first-generation literate Surekha ben – with organizational and legal knowledge. LAHRC trains paralegals, who act as community organizers, and has created the first-ever team of 24 tribal lawyers to practice in district courts, where they handle the community's cases.

Broken Systems; Broken Promises

The tribals comprise about 15 percent of Gujarat's population, compared to a national average of approximately 8 percent, where they are concentrated in the eastern belt of the state. In the Surat district, the tribal population totals more than 1.2 million and constitutes 36 percent of the overall population. In the seven talukas of Surat (Nizar, Ucchal, Songadh, Vyara, Mandvi, Mangrol and Umadpada) where LAHRC operates, nearly 99 percent of the population is tribal.

Some 300 minor dams are being developed in this region, leaving the displaced tribals vulnerable to the machinations of unscrupulous land sharks, forest officials and police. Intimidation, plunder and rape are commonplace, as is lack of redress for atrocities.

"The traditional law-enforcing systems had broken down," says Jagrutiben Patel, principal-in-charge for Surat Law College. "Justice was something that was beyond their reach."

The government allocates special resources for development in tribal areas. Under its "Tribal Sub-Plan," there is substantial funding for development schemes that provide better education, health, community resources, loans and employment opportunities, and to compensate for lost land.

But resources earmarked for the tribals rarely reach their target due to bureaucratic inefficiency, corruption, local politics, the influence of political parties and a lack of emphasis on empowerment processes at the local level. Government promises of development aid to tribals who have been displaced dam construction – the Ukai Dam in particular – have not been fulfilled.

The Ukai Dam was commissioned in 1977, displacing some 50,000 people. Although they should have received compensation, the tribals have had little understanding of government and legal systems, or how to assert themselves. This is due, in part, to having had barely any representation in local government.

Opening Pandora's Box

At this point, Jebamalai, a denim-clad Jesuit, stepped in to bridge the growing social chasm. The son of a Catholic landlord, he first came to Gujarat from Tamil Nadu in 1969. Although working to complete his religious instruction and an undergraduate degree, Jebamalai's leanings were more towards social issues.

During the mid-1970s, when he was still a student, Jebamalai's involvement in social work forced him to ponder the wisdom of development work where there is no social platform to support it. "I remember, some time in the mid-'70s, I was helping out with flood relief work in a Gujarat village," he recalls.

Training paralegals

"Ironically enough, a much-needed borewell – a symbol of development in rural areas – served to divide the village. The upper-caste people claimed ownership of the borewell and refused to allow the lower castes and tribals to use it, for fear of being touched by an 'untouchable' and losing their status. I realized that, be it missionaries, or be it the government, the fruits of the relief work were being grabbed by the caste people. The lower castes and tribals were either on the fringes, or outside the pale of the social structure."

"In 1982, I was posted to the Bhilora-Sabarkantha district," he said. "What struck me was the poverty of the tribals. The town was upper caste and prosperous, whereas deforestation had rendered the tribals homeless and penniless, as had the illegal land grabbing by non-tribals, leading to gross violations of human rights."

Such marginalization and divisive forces embroiled the tribals in internal conflicts and court cases. Despite extreme poverty, they often resorted to selling the last of their assets – a strip of land or a buffalo – just to fight a case. Alienation from land opened a Pandora's box of legal wrangles over tenancy rights, unauthorized land grabbing, and problems ensuing from the government's land Ceiling Act, which gave lands to the landless after they were declared surplus by the government.

Using the Law to Unify and Empower

Traditionally, tribals were not allowed to own land as individuals, so the need to document ownership had never arisen. Suddenly, they found themselves dispossessed of land that their ancestors had owned since time immemorial.

The unlettered tribals rarely understood the dynamics at play. Arm-twisting and fake deeds robbed them of their rights. Unscrupulous non-tribal lawyers took advantage of their gullibility and they prolonged cases to serve their own mercenary interests.

People gather at the site of a dam in the Songadh division

Once in the loop, tribals found it difficult to extricate themselves. At the same time, fragmentation of the tribal society introduced the evils of rampant alcoholism, criminal behavior and juvenile delinquency, which caused a never-ending cycle of courts and remand homes.

"These things set me thinking – am I coming here with yet another division of Catholicism, or to bridge all divisions?" Jebamalai recalls. He shrugged off the mantle of "Father," and donned the unassuming garb of "Sannybhai" ("brother Sanny"), which gave him easy access to the poor tribal homes.

While spreading education and awareness to remote rural areas for several years, Jebamalai's eyes were opened to the myriad problems that plagued the tribal community as it was gradually torn apart by vested interests. He was struck by the idea that perhaps he could use law as the unifying agent and catalyst to empower people.

Armed with a law degree, Jebamalai began his work in 1988 by trying to revive LAHRC, a languishing legal aid center in Surat. It was run by the Navsarjan Trust, an NGO that agreed to help him with initial financing.

The Navsarjan Trust is dedicated to the elimination of discrimination, and maintains two programs, one of which focuses on urban areas and extends support to slum dwellers. The other is LAHRC, which Jebamalai revived and spearheads today. In 1989, Jebamalai's work attracted the attention of a German organization, Misereor, which agreed to partially funding LAHRC for five years.

Jebamalai's crusade began with a six-month paralegal course for some 20 trainees between the ages of 25 and 35. "At that time, we could not involve women because the atmosphere wasn't conducive," he said. "Above all, the concept of legal training itself was alien and intimidating."

Jebamalai (center) with People's Organization
members in the Songadh division

Jebamalai seems amused as he recalls his first brush with trying to enroll women in his legal program. "A well-intentioned elder told me, 'You teach these women all this about equality. What will happen to the men after this? For the sake of peaceful living, don't teach the women all this'."

Questioning Social Norms

Women have borne the brunt of the disintegration of traditional economies and institutions for conflict resolution. A husband may abandon his family to seek better options, remaining in his village or remarrying. This has caused other male members of the household to usurp whatever small amount of land was at the woman's disposal. This leads to further exploitation of the tribal woman by non-tribals, as well as by their own ilk.

To get first-hand knowledge of these problems, paralegal trainees spend an average of ten days per month at LAHRC, then go to the field to conduct surveys of land disputes, marital disputes, human rights violations, and how the tribal society handles these cases. This program costs about Rs 800 (US$17) per trainee, including a monthly stipend of Rs 600 (US$12.50), funded by Navsarjan.

The training, which had three components (legal, societal and personality enhancing), at first proved to be tough going for Jebamalai. "It was the second component of my training program that got me into trouble initially," he said.

Jebamalai's questioning of the existing social norms for distribution of wealth, status of women, and other discriminatory practices within the communities was frowned upon and opposed by both the Catholic community and the tribal patriarchal establishment. But it did not deter him, and he persevered.

In addition to collecting data, trainees were required to impart legal knowledge to villagers through meetings and other creative activities such as songs, skits and puppet shows. "This made me realize that the paralegals had to take on a larger role, beyond filling out forms and filing appeals," Jebamalai said.

Peoples' Organization volunteers make puppets and charts for street plays in the villages that fight against superstition and other social evils

Today, besides their regular legal work, trainees' tasks include engaging communities in social analysis so that they delve into problems and options for change. At the same time, using education is constantly emphasized as a tool to combat discrimination.

The size of Jebamalai's army of barefoot paralegal soldiers has been rising steadily. Today, Jebamalai's team has trained more than 300 paralegal-cum-grassroots workers, and they have dispensed with some 1,800 court cases.

When Jebamalai began his work, he often stayed with the people in the villages to understand their needs better. "I did not go into an area and launch the program straightaway," he said. "I would print leaflets, meet the people, find out what the problems were, drum up support and then set up a center. One first needs to know what has to be done, not the other way round."

Jebamalai became a vegetarian, sharing the tribals' only meal of the day. "It gave me a sense of belonging, reinforcing my acceptance there as bhai ('brother')."

But as Jebamalai became increasingly involved in his activist work, his parallel role as a parish priest made him uncomfortable. Thus, in 1991 the Church relieved him of his parish duties so he could turn his full attention to LAHRC. By 1992, his legal awareness program and training of paralegals was in full swing.

Settling Disputes Outside the Law

Tribals are not Hindus, according to the Indian Constitution. But in court they are treated as Hindus – under an old law called the Gaikwad Hindu Law that is applicable in the Songadh and Vyara divisions – especially for cases dealing with matrimonial or inheritance disputes. This means that women do not have the right to inherit property, even though it is customary under tribal law for women to get a share of their father's property.

Jebamalai (right) helps negotiate an out-of-court
settlement in a matrimonial dispute

While changing the law was desirable, Jebamalai saw it would take years of lobbying and planning. He realized he could make a considerable impact on the legal justice system in the short run – without changing the law – by encouraging the practice of out-of-court settlements for a broad spectrum of situations. If after three meetings a case remains unresolved, it is sent to court.

Out-of-court settlements draw on resources such as village elders and their traditional authority, family members, paralegals who speak the same dialects as their clients, and traditional laws that settle matrimonial and property conflicts. This, in turn, has led to a greater comfort level and acceptance of legal solutions among the communities.

Fostering a better understanding of modern legal systems and procedures encourages amicable out-of-court settlements. Consequently, many people have been saved the agony of long, drawn-out litigation and eventual penury.

Nearly 1,900 out-of-court cases have been settled at the centers since 1993. An evaluation team calculated that in 2000, Rs 42,49,06,229 (US$8.8 million) was saved by avoiding the courts.

Emergence of People's Organizations

The German organization Misereor had agreed to provide partial funding for five years in 1989, and in 1994 it renewed its funding for another three years. But at this point, Jebamalai realized that external aid is not a permanent solution – people need to learn to be self reliant.

Moreover, foreign money attracted unwanted attention of a different kind. "I was in danger of being attacked as an anti-national Christian missionary with the sole intention of conversion," Jebamalai said. So he began talking to people about establishing local, people-based organizations. As a result, this idea took root over the next three years.

Jebamalai and a group of newly-trained paralegals and lawyers

Jebamalai also considered setting up a trust in each center, but he soon realized that this would not encourage participation by the people. "I did not want to function in true NGO style, where decisions are thrust on the people from top," he said. "An NGO should only function as a facilitator."

In 1998, after endless discussions with the tribals, and networking with experts from the Behavioral Science Center in Surat, a draft constitution for the Peoples Organizations emerged. Every word of the constitution was formulated by the people themselves and Jebamalai's group of budding lawyers.

Amruthbhai Patel, Jebamalai's partner and Project Coordinator for the People's Organizations, contributed his years of experience and hard-won lessons from setting up various types of cooperatives. The Adivasi Sarvangi Vikas Sangh (Peoples Organization) was registered in August 1998.

"I had observed NGOs working in the same area, and their approach was basically philanthropic, in the form of hand-outs like food, transport, expenses," Patel said. "Soon, people were attending meetings only in the hope of receiving something at the end of it. We wanted our People's Organizations to be different – where the people would come forward for themselves, not with the expectation of material benefits – and emerge with a sense of ownership."

Jebamalai and Patel also observed that most organizations' executive committees were comprised of males. But experience had taught them that a community's problems are mostly encountered by women, so their participation was essential.

Village officers of a People's Organization

People's Organizations were established in each village, drawing members from the village, and were registered as local autonomous bodies. The criteria for membership are important:

• Members must be tribal persons above the age of 18 years

• Men with two wives are not eligible (except for Muslims; bigamy has been banned under the Indian Constitution since 1956).

• Corrupt, anti-social elements are excluded

• Widows/widowers are granted special membership

• Men and women are equally represented: each People's Organization must have one male and one female representative. One man and one woman are elected from each member village to form the taluka (division) representative body. From this body, 15 representatives form the Executive Committee: 14 representatives plus one LAHRC member. Four coordinators – two women and two men – serve at the taluka level.

• Each village People's Organization must consist of at least 40 members. "Our goal is to finally make a federation of all the taluka governing bodies, for better results," Jebamalai says.

• Although members can belong to a political party or religious sect, the organization itself has no religious affiliations nor party politics

Based on a unanimous decision, the scope of the People's Organizations' work is issue-based to avoid getting spread too thin. Thus at each meeting, one issue or problem is considered and discussed thoroughly.

The scope of work is more about social justice than being within rigid legal systems," said Narayanbhai Kanjibhai Parmar, LAHRC coordinator of the Vyara taluka.

The activities of the People's Organizations include:

• Helping people develop their awareness and examine their role in their own development through capacity development programs at the committee, representative, social worker and village levels. These programs include encouraging women to be an integral part of decision-making processes and educating them about their rights; conducting paralegal training sessions and workshops; education about government programs and how to benefit from them; and staging of street plays to depict the evils of superstition, alcoholism, etc.

• Organizing large public programs that highlight issues and community identity, including protest and cultural rallies such as those for Indigenous Peoples Day and International Women's Day.

• Securing basic amenities – such as roads, drinking water, electricity, education, health and transport facilities – through a process of self assertion.

• Helping win government assistance such as special aid for widows and girl children below the poverty line, subsidies for housing schemes, subsidized loans for cattle, and employment programs.

• Promoting initiatives that respond to personal and village needs, such as securing ration cards, assisting in birth/death registrations, encouraging savings initiatives, undertaking greening and tree plantation programs, organizing health camps, and ensuring land allotments.

• Encouraging people to lobby Gram Sabha (village-level political body) meetings

• Resolving conflicts at the village and inter-village level, such as property disputes between family members, fighting for standardized wages for contract laborers, and resolving gender-related issues such as the practice of dowry, and support for women and children in divorce cases.

"A feeling of self-worth has begun to emerge" with a membership fee of Rs 21 (US$0.43) for three years and Rs 101 (US$2.10) for a lifetime, Parmar said. The fee has given people a sense of ownership of the People's Organizations, which in turn has speeded-up the process of self management, he said.

Villagers gathered for a People's Organization meeting

People's Organizations have been established in 366 villages in seven talukas, where the total population is about 7.3 million. Altogether, the People's Organizations and have 19,799 members. "Our aim is to reach out to at least 45 percent of the population by 2004," Patel said.

But the People's Organizations are handling requests for new memberships with caution, Jebamalai added. While it would be easy to recruit enough people to amass 50-60,000 members, this would not serve the best interests of the organizations, he said.

Membership must be restricted at first, Jebamalai said. "First, we must instill awareness and educate the people in the ideals of the People's Organization; then draw them in and create a collective force that is able to withstand divisive elements." However, he noted that failure to join a People's Organization does not exclude villagers from participating in People's Organization activities.

Building Relationships

Jebamalai mingles unselfconsciously with the people. He can be seen flirting gently with a toothless sexagenarian, complimenting her on her eye-catching jewelry, even while slapping another young man on the back. He tells the young man, now that he is a representative, soon he'll contest the elections for the coveted post of village headman.

It's easy to see then why Jebamalai has been able to rouse the people to realize their hidden potential. Relationship-building is part of his strategy. Regular field visits by Jebamalai and LAHRC members help keep the movement alive.

The center coordinators work three days in the office and three days in the villages. "Unless a coordinator or representative has first-hand knowledge of the problems, how will he or she solve them?" asks Patel.

Role playing exercise at a People's Organization meeting

While establishing the People's Organizations, Jebamalai launched a second experiment in which the best paralegal trainees were encouraged to study for a law degree. Scholarships have enabled three groups of students to get law degrees. Today, 24 of them practice in the district courts, and 15 are women. Some have already set up chambers in district towns and are handling cases that range from revenue, land and marital disputes to criminal cases.

"I preferred to become a lawyer because it helps me deal better with the exploitation that is rampant in my community – which was disintegrating because of displacement," said 29-year-old lawyer Lilaben, a first-generation-literate. First-generation-literates like Lilaben and village advocate Surekha ben and are glowing examples of what education and awareness can achieve.

These lawyers and the People's Organizations represent a long-term solution to local problems, says Hemant Bhai Desai, with evident pride. Desai is an eminent Surat lawyer and a LAHRC panelist. "There is nothing better than the people themselves taking on the mantle of leadership," he said. "It is a very good sign of the times to come – a time when they will be able to integrate into mainstream civic life."

Rising Confidence and Efficacy

The new-found confidence that enabled villagers to rise in a protest against the construction of a dam in the Songadh division is evidence of this. Bitter lessons learned from the displacement caused by the Ukai Dam had not been forgotten.

People's Organization representative Navalbhai Isariabhai Gamit describes the incident with pride. When construction of the dam began in February 2000, the villagers suddenly woke up to the danger of their lands being submerged. And compensation seemed nowhere in sight.

Seven talukas came together in a massive rally, unprecedented in the history of Songadh, and work on the dam ceased. Fresh negotiations have started that include modifications in the design, and compensation, either in the form of money or land.

Jebamalai with first batch of lawyers

"We are not against development," Gamit said, "but the people should be taken into confidence and informed."

In just two years, organizations in the seven talukas have raised funds totaling almost Rs 200,000 ($4,168) each, and have managed to garner government funds for basic amenities. This year, the German NGO Misereor agreed to provide matching funds of approximately US$2,000 per taluka.

"We do not support them in any monetary way, " notes Jebamalai, whose annual budget for establishing People's Organizations, legal aid centers and training programs now totals Rs 4,700,000 (about US$100,000). Rather, the People's Organizations support themselves.

Collectively, the People's Organizations have influenced decisions that affect their access to forest lands, and swing government schemes in their favor. For example, in Uchchal, the people managed to secure legal rights to land they had occupied in forest areas.

In another area where non-tribals were using common grasslands for private purposes, the land rights of tribals were assured. They have also been able to present a strong tribal voice to government officials, and local non-tribal and political parties.

The tribals pride in their own strength is growing. The universal Namaste (the Indian greeting, with both palms together) has been replaced by the greeting of Jai Adivasi ("Hail Tribal"), with fists raised high and the victory sign, reinforcing a very unique identity.

On August 9, more than 1,000 tribals gathered in Surat in a show of solidarity to celebrate International Day of the World's Indigenous People. "We did not provide them with any help in getting to the venue, except for provision for drinking water," Patel said. "They came on their own, participated with zeal, and left on their own."

On the Road to Success

For Jebamalai and his team, the work is far from over. As an entrepreneur, he realizes there is a need for experiential and professional training. "Talking about People's Organizations, without some economic support, can be very much in the air when they don't have enough for two square meals a day," he noted.

Thus, he hopes to work with other NGOs to initiate income-generating programs. He also sees an important role for need-based education. "In some of these areas, the people are still being given Gandhian agricultural education when the majority have no lands to till," he said.

The legal aid centers need to be separated from the People's Organizations, Patel said. The People's Organizations must emerge as powerful pressure groups that influence the government to enact people-oriented policies – only then can real development take place.

A People's Organization representative (center)

In the meantime, given the current political scenario, LARHC must guard against being used by religious fundamentalist groups for their own agenda. But there is no need for pessimism, Jebamalai said. Given the present mood, there will always be new leadership emerging from the old, now that the power of the People's Organizations has been realized.

Induben Ramabai Gamit, vice president and executive member of the Vyara taluka People's Organization observed: "If the Sangathan (People's Organization) had not happened, your car still would have been been parked a kilometer-and-a-half away on the main road." True. And for Jebamalai, it's been a road to success.

He now must strike out in different directions. His dream is to see the People's Organizations spread to encompass all of Gujarat's 15 percent tribal population, and beyond that, to embrace the other less-privileged groups like the Dalits (non-tribal lower castes).

"Only that can lead to real freedom of the masses," he said, quoting from Tagore: "'Into that heaven of freedom, father, let my country awake'."

Jebamalai would welcome additional funds to build up a generous endowment for the People's Organizations, the interest from which could be used to support the People's Organizations' expenses. He would also appreciate technical and other support to help create a Web site for LAHRC and its activities.

J. Stanny
Near R.T O
Ring Road
Surat-395001
Gujarat
India
Phone: (0261) 475683
Fax: (0261) 478148
Email: sanny_30@yahoo.com

• Guiding Polish Students along Democracy's Road (Poland), by Steve Owad
• In Peru, the People of the Forest are Taking Control, by Carol Salguero
• Lessons from Fire Mountain: Managing Danger and Strengthening Community
• Portrait of Nalini Nayak, Advocate of the Fisherfolk (India), by Chandrika Sharma
• Redefining Women: Three Generations Work Together in West Bengal, by Manisha Gupta
• From Relief Work to Sustainable Community Development, by Arundhati Ray
• Stopping Violence Against Women, by Arundhati Ray
• Young Mediators Help to Bring Peace to Lawless Medellìn, by Steven Ambrus • [Versión en español]

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