Lady Tourism Entrepreneur Jessy John Fights For Justice

I am Jessy John ( Jessy is an active member of the Andamani Community), owner of Dew Dale Resorts in Baratang Island of Andaman & Nicobar Islands, India. Below is my story.

The Andaman & Nicobar Administration has all along been harassing me, a woman entrepreneur of Andaman Island, running a resort, a pioneer property, in Rural District of North & Middle Andaman. The vision behind the project was to start tourism development activity in rural areas so that more and more rural population gets benefited by tourism activity. At present, more than 100 villagers are directly or indirectly benefited by this resort.

On 29.05.2005 the Andaman & Nicobar Administration had announced a Scheme vide Gazette notification no. 57 of 29th March 2005 for development of tourism activity in rural areas which was an approved plan of Government of India under sector Village and small Industries and acting upon the said representation I conceived a project for setting up of tourism resort in one of the most backward part of the Islands, in Sundergarh Village of Baratang Island for promoting Rural tourism as well as generating employment opportunities in the Rural Areas.

Before starting the project I had obtained approval from A & N Administration. The said approval was granted only after a team of officials led by Deputy Director (Tourism) inspected the site but the approval so granted was with a pre condition that the Resort must conform to 3 star categorization norms. At that moment it was not so easy for me to go forward with the project, since for a 3 star Resort the investments will naturally be much more than what I had planned for. However, instead of backing out after getting such a conditional approval I moved forward with the project for making a 3 star Resort in such an area where no such tourism activity was tested before. The DC, N & M Andaman District, allowed starting the Project on 14th March ’2007. 

The application for registering into the Capital Subsidy scheme was made and was duly accepted by the Andaman and Nicobar Administration within the validity of scheme period. By getting into this scheme I became eligible for getting Capital subsidy and as approved by Government of India the capital subsidy mentioned was to the tune of 100% for genuine women entrepreneurs. I have invested my whole life’s worth, my stridhan, taken loans from friends & relatives & a Bank loan of 70lacs.

Firstly, with deep pain and anguish, I bring it into your knowledge that no Capital subsidy has been released till date by the Andaman & Nicobar Administration due to the one and only reason being that the concerned officials had lost my application for capital subsidy. I brought this to the notice of all other superior officials but no-one bothered to listen to my sufferings. Despite this terrible setback and with a zero balance in my account, I somehow managed to run the show by promoting the product through the internet.

Even though I succeeded to some extent in promoting my product to the mid to high end market, I faced the second hurdle of lack of proper facilities in a so- called 3 star Resort. The visitors to my Resort were always demanding in-house Bar facility, which is one of the mandatory requirements for a 3 star Resort. Hence, I needed the Bar Licence from the Andaman & Nicobar Administration who while giving the approval for my Project insisted that the Resort should conform to 3 star norms. I had made all other facilities at par with 3 star standards and also applied for grant of Bar licence on 21.04.2008 to the Deputy Commissioner of North & Middle Andaman District after completing all construction and allied works. I am unable to put the resort into full fledged operation due to lack of facilities since it is still incomplete as the Bar licence has not been granted to me till date even after complying with all the conditions laid down in the guidelines for Grant of Bar Licence.

Since the matter of grant of Bar licence was getting delayed, I had to bring it into the notice of Chief Secretary about such unexplained delay by the Deputy Commissioner of North & Middle Andaman District. While submitting the factual report to the Chief Secretary, the first time the Deputy Commissioner put forth an allegation that my Resort is located in Buffer Zone created for Jarawa Tribe. The Chief Secretary made a thorough investigation into the matter and turned down the contentions raised by the Deputy Commissioner and made a finding that the location of my Resort is beyond the Buffer zone and, I should get the Bar Licence subject to fulfillment of guidelines for such Licence. 

Buffer zone notification dated 30.10.2007 is a delegated legislation under the Protection of Aboriginal Tribe Regulation 1956 which prohibits any commercial activity upto 5 kms from the Jarawa territory but my Project was approved and investments were made before such a notification. Also after the buffer zone notification 31 villages were declared in the Buffer Zone in which the Village Sundergarh where my resort is located was never listed. The law is very clear in respect of delegated legislation and that it will have only prospective effect.

 But to my utter surprise, the Deputy Commissioner, N&M Andaman, rejected my application for Bar Licence on 17.06.2010 (mandatory for 3 Star categorization) overriding the Chief Secretary’s findings after a period of almost 3 years. How can one effectively market & promote this Resort when it is still incomplete? The Administration has never appreciated this venture by a Woman entrepreneur, neither by word nor by deed. 

The last blow, & the straw that broke the camel’s back, was when the Deputy Commissioner, served a notice on 09.12.2010 to close this Resort on 09.12.2010 itself, stating that it is within the Buffer zone. Whereas, in my knowledge, and by the Chief Secretary’s findings, and as is evident from the closure notice itself, the village where the resort is located, Sundergarh Village, is not in the list of villages coming within the Buffer zone.

My Resort is located beyond 7 Kms from all possible approach to the Jarawa Reserve in a separate Island which is surrounded by deep sea from all sides. Moreover, when all other commercial activities (More than 500 businesses) in 0 to 5 Kms are still allowed to run, the Deputy Commissioner, N & M Andaman, is illegally targeting only my unit which is set up under the GOI’s approved plan scheme under sector Village and Small Industry. 

When there are 31 villages within the Buffer zone as per the Administration’s own affidavit filed in the Supreme court then how did DEW DALE RESORTS in Sundergah Village, come in the Buffer Zone when it is not located in any of these 31 villages? One can take only so much harassment. How much longer can I handle all this harassment meted out to me? I don’t have much strength anymore. My confidence has taken such a beating. I can’t give up but I find it hard to fight alone. I also don’t have the funds to keep going to court for justice.  

Dew Dale Resorts is located in Baratang Island which is a totally separate land mass surrounded by deep Sea from all sides. There should be some logic behind creating a Buffer Zone for Jarawa Tribe. How can the Jarawas enter a separate land mass without anybody’s knowledge? 

When their land mass is already declared reserved area no person other than tribes can enter their land and if anyone enters it is punishable under the Protection of Aboriginal Tribes Regulation,1956. So what is the need for this extra protection? Is it not harassment in the disguise of Jarawa Protection? Today this is happening to me. Tomorrow it could be someone else. 

Now, just so that the closure of the Resort can be effected, and only because the Administration has already made a false submission in the Hon’ble Supreme Court regarding the closure but, please note, to a Resort outside the Buffer zone, the map indicating Buffer zone has been redrawn so as to somehow include Sundergarh Village. I have met with the authorities regarding all this injustice. However, no one seems to understand my pain, suffering & fear for the future-not only mine, but my family’s & my employees, the villagers. 

As a last resort, I am writing to you & asking for help. In the face of the dominating attitude of powerful & influential officials of Andaman & Nicobar Islands, I, a woman entrepreneur, don’t have the strength to sustain anymore mental agony & torture. Before I close down the Resort, which is what will happen & which will end my vision & hopefully not my life – I write to u. Is there anyway u can help me survive & save my Resort & the livelihood of more than 50 villagers who are directly benefited by my resort. I had wished to make my mark in this world but now this... Please help.

Source: http://www.andamanchronicle.com