ARC – Capacity Building For Conflict Resolution – Part 6 (Summary of Solutions)

Introduction:-

It has been said that peace is not the absence of conflict but the presence of creative alternatives for responding to conflict – alternatives to passive or aggressive responses,
alternatives to violence.

1)Left Extremism:-

• Negotiations with the extremist outfits should be an important mode of conflict resolution.
• The system of periodic official inspections and review of organisational performances needs to be revitalised.Suitable security to the senior administrative and technical officers while on tour.
• Enhance the capacity of the security forces to act effectively and firmly, but in conformity with constitutional bounds.
• Sensitising the police and paramilitary personnel to the root causes of the disturbances that they are seeking to curb, are necessary.
• Formation of trained special task forces on the pattern of the Greyhounds in Andhra Pradesh
• Establishing and strengthening local level police stations, adequately staffed by local recruits
• 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.
• Development schemes and land reforms initiatives
• 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.
• For implementing large infrastructure projects, BRO can be implementing agency.

2)Land Related Issues:-

• Provide renewed impetus to land reform measures like redistribution of surplus land, vesting title in tenants and carrying forward consolidation of land holdings
• Augmenting the banking system in the rural areas and making them more responsive to the farmers’ needs.
• Redesign poverty alleviation programmes to make them more relevant to the needs of small and marginal farmers
• Develop alternative livelihood by increasing public investment in non-farm and off-farm activities.
• Encourage formation of ‘Self Help Groups’ (SHGs) to improve access to credit and marketing and empower the disadvantaged.
• encourage formation of ‘Self Help Groups’ (SHGs) to improve access to credit and marketing and empower the disadvantaged.

3)Water Related Issues:-

• 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.
• 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.

4)Issues Related to Scheduled Castes and Tribe:-

• 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.
• 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.
• There is need for engaging independent agencies to carry out field surveys to identify cases of social discrimination.
• Spread awareness about the laws and the measures to punish discrimination and atrocities.
• The District Administration should organise independent surveys to identify ‘vulnerable areas’.
• The administration and the police should be sensitised towards the special problems of the Scheduled Castes and Scheduled Tribes.
• Focus on the rehabilitation of the victims and provide all required support to them including counselling.

5)Religious Conflicts :-

• Community policing should be encouraged
• 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.
• 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.
• 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

6)Judicial Delays and Alternative Dispute Redressal:-

• Allocation of resources for upgradation of infrastructure and personnel of the subordinate judiciary needs to receive higher priority in federal fiscal transfers
• Much greater attention needs to be paid to make the institution of Lok Adalats serve their intended objective, and in particular to enlist active cooperation of the members of the Bar to give this approach a chance of success.
• 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.

7)Civil Society and Conflict Resolution:-

• While social capital formation needs encouragement to improve delivery of services and build community self reliance, it is imperative that such initiatives also attempt to involve communities in ‘in-house’ conflict resolution.
• General policy guidelines need to be formulated by the State Governments for involving both the Panchayats and urban local bodies along with ‘non police’ instrumentalities of the State, in conflict resolution.
• 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.