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YOJANA September 2008 1

C O N T E N T S

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YOJANA seeks to carry the message of the Plan to all sections of the people and promote a more earnest discussion on problems of social and economic development. Although

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No. of Pages : 52

Disclaimer :

l The views expressed in varios articles are those of the athors and not necessarily of the government.

l The readers are reqested to verify the claims made in the advertisements regarding career gidance books/instittions. Yojana does not own responsibility

regarding the contents of the advertisements.

EDITORIAL OFFICE : Yojana Bhavan, Sansad Marg, New Delhi Tel.: 23096738, 23717910, (23096666, 23096690, 23096696- Etn. 2509, 2510, 2565, 2566, 2511).

Tlgm.: Yojana. Bsiness Manager (Hqs.) : Ph :24367260, 24365609, 24365610

RECOGNISING THE RIGHTS OF

FOREST DEPENDANTS.................................. ........................ ... 5

Mani Shankar Aiyar

DEMOCRATIC CONTROL

OVER NATURAL RESOURCES ..................... ........................ . 10

Shankar Gopalakrishnan

CO-ExISTENCE: MYTHS AND REALITIES ........................ . 14

Sanjay Upadhyay

TIGER VS TRIBALS ........................ ........................ ................. 18

P K Sen

SALIENT FEATURES OF THE ACT ....................... ................. 21

TOO MUCH OF A BURDEN! ...................... ........................ ..... 24Biswajit Mohanty

BEST PRACTICES Revolution in Vegetable Cultivation ...... 30

M R Madhusudana Verma

J&K WINDOW ........................ ........................ ...................... 32

DO YOu KNOW ?...................... ........................ .................. 33

THE MADHYA PRADESH INITIATIVE ...................... .......... 34

Akhilesh Argal

THE INCREASING TREE COVER ........................ .................. 37

Kalpana Palkhiwala

A MILESTONE FOR ENSURING

THE ADIVASI RIGHTS ....................... ........................ .............. 40

George Mathew

IN THE NEWS............................................................................................44

September 2008 Vol 52

Chief Editor : S.B. Sharan

Senior Editor: M. Singhal

Editor : Manogyan R. Pal

Joint Director (Prod) : N.C. Mazumder

Cover Layout : Anju Sharma

E-mail (Editorial) : [email protected]

: [email protected]

Website : www.publicationsdivision.nic.in

Let noble thoughts come to us from every side

Rig Veda

(Circulation) : pdjucir_ [email protected]

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2 YOJANA September 2008

ECONOmiC iNdiCaTOrSANNuAL INDICATORS

Units Apr-

07

May-

07

Jun-

07

Jul-

07

Aug-

07

Sep-

07

Oct-

07

Nov-

07

Dec-

07

Jan-

08

Feb-

08

Mar-

08

Apr-

08

May-

08

Jun-

08

Jul-08

Prices

Wholesale price inde

(All Commodities)

1993-94= 100 211.5 212.3 212.3 213.6 213.8 215.1 215.2 215.9 216.4 218.2 219. 9 225.5 228.5 230.8 236.6

% change 6.3 5.5 4.5 4.7 4.1 3.5 3.1 3.3 3.8 4.5 5.3 7.5 8.0 8.8 11.5

Agricltre

Actual rainfall (All-India) Millimetres 27 48 153 259 299 194 75 14 16 19 19 32 37 38 159 276

Dev. from normal rainfall Per cent -20 -31 8 0 -2 14 -22 -49 1 -19 -14 21 -15 -31 22 -15

Stock of Rice (Central pool) mln. tns. 13.5 12.6 10.6 6.7 10.7 10.1 11. 2 13.5 12.6

Stock of Wheat (-do-) mln. tns. 11.6 13.3 12.8 10.9 9.0 8.4 7.4 5.5 17.5

units 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09

(Proj.)

Poplation (as on 1 Oct) in crores 101.9 103.8 105.5 107.3 109 111 112.2 113.8 115.2

GDP at current market prices (new series) Rs.crore 2102314 2 278952 2454561 2754621 3149412 3580344 4145810 4713148 -

GDP:Per Capita (current prices) Rupees 20,631 21,955 23,266 25,696 28,920 32,372 36,950 41416 -

Gross domestic savings (current prices) % of GDPmp 23.7 23.5 26.4 29.8 31.8 34.3 34.8 - -

Gross domestic capital formation (cur. pr) 24.2 24.2 25.2 26.8 31.6 34.5 36.0 37.5 -

Central Govt. Gross Fiscal Decit 5.7 6.2 5.9 4.5 4.0 4.1 3.4 3.0 2.5

Sectoral shares (of GDPfc at crrent prices)

Agriculture & allied % of GDPfc 23.4 23.2 20.9 21.0 19.2 18.8 18.3 17.8 -

Industry 26.2 25.3 26.5 26.2 28.2 28.8 29.3 29.4 -

Services 50.5 51.5 52.7 52.8 52.6 52.4 52.4 52.8 -

Prices (Annal Average)

WPI of All commodities (wt 100.00) Apr 1993=100 155.7 161.3 166.8 175.9 187.2 195.5 206.1 215.9 -

CPI-IW General index: India Jul 2001=100 95.93 100.07 104.05 108.07 112.2 117.2 125.0 132.75 -

Agricltre: Prodction

Foodgrains mln. tns. 196.8 212.9 174.8 213.2 198.4 208.6 217.3 227.3 230.7

Cereals 185.7 199.5 163.7 198.3 185.2 195.2 203.1 212.1 215.6

Rice 85.0 93.3 71.8 88.5 83.1 91.8 93.4 95.7 96.4

Wheat 69.7 72.8 65.8 72.2 68.6 69.4 75.8 76.8 78.4

Pulses 11.1 13.4 11.1 14.9 13.1 13.4 14.2 15.2 15.1

Oilseeds 18.4 20.7 14.8 25.2 24.4 28.0 24.3 28.2 28.8

Sugar cane 296.0 297.2 287.4 233.9 237.1 281.2 355.5 344.2 340.6

Indstry & Energy

Index of industrial production (wt 100)

(Annual Average)

Apr 1993=100

% change

162.69

5.06

166.99

2.64

176.64

5.78

188.97

6.98

204.8

8.37

221.52

8.16

247.05

11.53

267.65

8.34

-

-

Commercial energy production MTOE # 230.9 237.9 246.9 259.2 272.0 283.83 298.55 73.45 -

Elect rici ty genera tion by public u ti li ties bln. kwh 501.2 517.4 532.7 565.1 594.5 617.5 662.5 704.5 -

External Transactions

Exports US $ mln. 44,147 43,958 52,823 63,886 83,502 103,075 126,276 155,435 179,000

Imports 50,056 51,567 61,533 78,203 111,472 149,144 185,624 235,868 309,000

Forex reserves ^ 39554 51049 71890 107448 135571 145108 191924 299147 -

Foreign direct investments in India (net) 4031 6125 5036 4322 5987 8901.0 21991 32327 -

Portfolio investments in India (net) 2760 2021 979 11356 9311 12494 7004 29096 -

Rupee exchange rate (Annual Average) Rs / USD 45.61 47.55 48.30 45.92 44.95 44.28 45.29 40.24 -

Investments (CMIE CapEx database) Mar 01 Mar 02 Mar 03 Mar 04 Mar 05 Mar 06 Mar 07 Mar 08

Project investments

outstanding* (as on)

Rs.crore 1,403,025 1,486,938 1,382,122 1,503,040 1,931,500 2,761,339 4,293,108 6,118,218

project count 4,328 5,805 6,942 8,835 9,434 9,688 12,281 14,501

Indicators: Monthly

Note: (a) % change is year on year (y-o-y) basis; (b) # MTOE: Million Tonnes of Oil Equivalent; (c) Total value of foreign currencies held by Govt. of India (ecl. gold & SDRs); (d) *

It is the sum total of the project costs of all the outstanding (Live) capital ependiture projects happening in the country. These projects may be under announced or under-implementation

stage.

Source: i3 (i-cube) at Planning Commission, New Delhi, Centre for Monitoring Indian Economy (CMIE)

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Abot the Isse

It is felt that from times immemorial, a combination of historical injustice, cultural

eclusion and insensitivity has prevented the tribal people from sharing equallyin the journey of progress. A central factor for this has been limited access to

and control over natural resources, both land and forest. Alongside concerns about

survival and livelihood of tribal people, is the concern about Indias declining and

degrading forest cover and consequent threat to wild life and environment. For a

long time the Forest Acts, inherited from the British Forest Act 1927, have been seen

as contributing to this marginalization of the tribals.

In this background the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act 2006 has become embroiled in controversy.

The Forest Rights Act is a key piece of forest legislation passed by the Parliament on December 18, 2006.

The Act was notied into force on December 31, 2007 with Notication of Rules issued on January 1, 2008.

While the Act is a major milestone for tribal and forest dwelling communities, it has stirred the emotions of

the proponents and opponents alike. Proponents of the Bill argue that the legislation only seeks to recognise

and regularise ground reality by granting legal entitlement to those millions of families who are today seen as

encroachers and it basically aims to empower and improve livelihood chances of a historically marginalised

people. Those in opposition, particularly the environmentalists and wild life conservationists, question both

the presuppositions and details of the provisions in the Act. Activists also point out that the Act fails to meet

the specic needs of tribal women.

This issue of Yojana seeks to eamine the issue of Forest Rights in its various dimensions. You would

nd articles detailing the basics of the 2006 Act as also bring you diverse perspectives on the Act. We

have contribution from the Minister for Panchayati Raj specifying the role of Gram Sabha for Effective

Implementation of the Forest Rights Act. Also included are articles from wildlife conservationists from

Orissa and Karnataka, and eld-expert Shankar Gopalakrishnan of Campaign for Survival and Dignity and

Sanjay Upadhayay, a Supreme Court Lawyer. The specic experiences of State level activities in this regard

are included with respect to Madhya Pradesh along with the regular columns of Best Practices, J&K

Window and In The News. Yojana as always looks forward to contributions from its Readers.q

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FTER ExTENSIVEpublic debate for morethan a year since tablingin the Parliament on13 December 2005,the Scheduled Tribes

(Recognition of Forest Rights)Bill, 2005 which was re-namedas The Scheduled Tribes andOther Traditional Forest Dwellers(Recognition of Forest Rights) Act,2006 (The Act) was passed by theParliament on 18 December 2006.The President of India gave hisassent to the Bill on 29 December2006 and the Act came into force.The Act itself is a signicant piece oflegislation, both in its implicationsfor the future governance of Indianforests, as well as in its restoration oftraditional forest rights to ScheduledTribes and Other Traditional ForestDwellers. These rights were ignoredat the time of reserving the forests,initially by the colonial state andlater by the postcolonial regimes.Over a period of time, this haddeveloped as a matter of realdiscontentment among the forestdwellers. The Ministry of TribalAffairs responsible for the well-

Mani Shankar Aiyar

The author is Union Minister for Panchayati Raj.

Recognising the Rights

of Forest Dependants

Abeing of tribal communities residentin / outside forest areas in variousparts of the country piloted the Act.Signicantly, this Act also providesthe Gram Sabhas which form thegrassroot democratic institutionsunder the Panchayati Raj System,a key role in identifying the forestrights as well as in sustainable

management of invaluable naturalresources providing the means oflivelihood to the Forest Dwellers.Gram Sabhas, for the purposes ofthis Act will consist of all adultmembers of village (in case ofstates having no Panchayats,Padas / Tolas and other TraditionalVillage Institutions and electedvillage committees) with full andunrestricted participation of women.

The Act has a tumultuous historywith forest conservationists andtribal rights activists running high-pitched campaigns highlightingtheir points of view and theirapprehensions. The Bill had to getnod from a Group of Ministers andlater from a Joint ParliamentaryCommittee before being passed.Rules under the Act were nally

fOrEST righTSViEw pOiNT

With helpand support

of the relevant

departments

combined with

the political will,

the Gram Sabhasand PRIs will

standup to the

challenges thrown

up by this historic

opportunity

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notied on January 1, 2008, puttingan end to the prolonged debates,political interventions, bureaucratictwists and hectic lobbying byactivists representing tribal andconservation groups and thus settingthe stage for operationalising the Act.

The tribals have been residingin the forest areas for generations,cultivating land within the forestand collecting non timber forest

produces like rewood, honey andother plant parts like bark / leaf/ fruit etc. Also, there are othercommunities living in the forestswho are non tribals but at the sametime are entirely dependent on theforest areas for their survival. Forest

villages which are inside the notiedforests and housing the people oncetaken as laborers by the forestdepartment for forestry works is atypical case in view. These ForestDwellers however, did not have anylegal document showing their rightsto dwell within the forest areas. Onthe contrary, going strictly by theprovisions of various Forest Acts,their occupation in the forest land

was akin to that of encroachers orillegal occupants at the sufferance offorest department. This legislationaims to rectify the legal dichotomybetween the continued eercise oftraditional rights of forest dwellerson the one hand and the lack oflegal recognition of these rightson the other. For this purpose, theAct treats both the tribals and nontribals alike as long as they are

dependent on forest and forest areas.Through this Act, the Central

Government has recognised andvested the entire gamut of forestrights on the Forest Dwellers. Thisincludes the Right to hold and livein the forest land (either individuallyor as a community), habitation andself cultivation, community rightsincluding the right of ownership/access to collect, use and dispose

off non timber forest produces, right

for conversion of pattas / leases/ grants on forest land into titles,right of settlement and conversionof forest villages into revenuevillages and the right for properrehabilitation if evicted from forestareas. Significantly, the Act also

confers the right and responsibilitieson the forest dwellers and GramSabhas to protect / regenerate /conserve / manage the Communityforest resources, the biodiversityand community right to intellectualproperty and traditional knowledgerelated to biodiversity / culturaldiversity. Gram Sabhas are alsoempowered for properly regulatingaccess to community forest resources

and to stop any activity, whichadversely affects the wild animals/forests / biodiversity. Forest Dwellerswho have been illegally evicted orevicted without proper rehabilitationeven before the Act came into effectare eligible for proper rehabilitation.The right to rehabilitation willinclude the right for alternativeland. The Act also requires theCentral Government to provide fordiversion of forest land required forsocial and developmental purposeslike setting up Schools, dispensaries,Anganwadis, fair price shops,electric and telecommunicationlines, drinking water pipelines, waterharvesting structures, vocationaltraining centers, communitycenters, roads etc. These diversionswill be considered only on therecommendations of the respectiveGram Sabhas. Thus, the Act not onlyconfers the forest rights but alsoprovides a framework for meeting theessential individual and communityrequirements of forest dwellersnecessary for a decent eistence.

The Act provides for a detailedframework for recording theforest rights and the procedureto be followed for recognitionand vesting of such rights. Gram

Sabhas, including Traditional

Village Institutions, and consistingof all adult members of village withfull and unrestricted participationof women will perform the keyrole in the process of identicationof the forest rights. In addition,the State Governments are to

constitute committees at the SubDivisional Level (SDLC), DistrictLevel (DLC) and at the State level.The SDLC chaired by the SubDivisional Officer will includethree members of the Block / Tehsillevel Panchayat as nominated byDistrict Level Panchayat (atleasttwo of them from among thosefulfilling the criteria of beingForest Dwellers and one of them

a woman) and ofcers from Forestand Tribal Welfare Departments.Similarly, the DLC chaired by theDistrict Collector will have threemembers of the district Panchayatnominated by the District Panchayat(atleast two of them forest dwellersand one of them a woman) andalso Officers from the Forestand Tribal Welfare Departments.

Though the DLC approves

the final settlement of claims,the process is actually centeredaround the Gram Sabhas under thePanchayati Raj System. The Actconfers on the Gram Sabhas theauthority to initiate the process ofdetermining both individual andcommunity forest rights withintheir area of jurisdiction. For thispurpose, the Gram Panchayatsare to convene Gram Sabhas and

elect from amongst their members10-15 persons to function as theForest Rights Committee. TheGram Sabhas will call for claimsand authorize the Forest RightsCommittee to receive applicationsin this regard. Such claims are to bepreferred within a period of threemonths from the date of calling forclaims and should contain at leasttwo of the evidences listed in the

Rules. Evidences which will be

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considered as valid for this purposeare listed in Rule 13 and includespublic documents, Governmentrecords, satellite imagery, workingplans and other forest records, voteridentity card, ration card, passport,house ta receipts, physical

attributes such as houses/ huts/permanent improvements to land,traditional structures like sacredplaces/ burial grounds, judicialand quasi judicial documents etc.The Gram Sabhas can etend thetime for preferring the claims ifneed be. They will be preparinga list of claimants of forest rightsand maintain a register containingsuch details of claimants and theirclaims as stipulated in the Rules.After the Forest Rights Committeehas completed its proceedings, theGram Sabha has to pass a resolutionon each of the claims preferredby the claimants, af ter givingreasonable opportunity to interestedpersons and authorities concernedto be heard and then forward theresolution to the Sub DivisionalLevel Committee. Gram Sabha hasto x a date for initiating the process

of determination of CommunityForest Resources and intimate thesame to adjoining Gram Sabhas andSub Divisional Level Committee,wherever there are substantialoverlaps. Wherever claims areconflicting with adjacent GramSabhas it will refer the matter toSub Divisional Level Committee. Itwill consider resettlement packagewhere resettlement of right holders

in National Parks and Sanctuariesis proposed under Section (4)(2) (e) of the Act. In order tocarry out the provisions of section5 of the Act the Gram Sabhashave to constitute, from amongsttheir members, committees for theprotection of wild life, forest andbio-diversity. It will consider thereferences from the Sub-DivisionalLevel Committee on the appeals

against its resolutions, hear the

petitioners, pass a resolution andforward the same to the Sub-Divisional Level Committee.

Forest Rights Committeeconstituted by the Gram Sabha willact as the eecutive arm of the GramSabha in carrying out the process of

identication and verication ofclaims on Forest Rights. Key rolesand responsibilities to be performedby this Committee include receipt,acknowledgement and retentionof claims in the specified form,recording of evidence in supportof such claims, preparation ofrecord of claims and evidencesincluding maps and preparation ofrecommended list of claimants on

forest rights. For this purpose, theCommittee is to verify claims afterdue intimation to the claimant andForest Department, visit the siteand physically verify the nature andetent of the claim and evidenceat the site and receive any furtherevidence / record from the claimantand witnesses. They also have toeercise special care to ensurethat the claims from pastoralists

and nomadic tribes are verifiedat the proper time in presence ofrepresentatives of stakeholders,ensure proper verication of claimfrom Primitive Tribal Groups or Pre-Agricultural Community, prepare amap delineating the area of eachclaim indicating recognizableland marks, record the findingson the claim and present the sameto Gram Sabha. They have to

prepare the claims on behalf ofGram Sabha for Community forestrights and in cases of conictingclaims with adjacent villagesthey have to hold joint meetings.

Sub-divisional Level Committeewill perform the role of assistingthe Gram Sabhas in properlydischarging their responsibilitiesunder the Act. For this purpose,it will provide forest and revenue

maps and electoral roles to the Gram

Sabha / Forest Rights Committee,will raise awareness among forestdwellers about the objectives andprocedures laid down under theAct and in the Rules, ensure easyand free availability of proforma ofclaims to the claimants (individual

as well as community), ensurethat the Gram Sabha meetingsare conducted in free, open andfair manner and with requisitequorum. After completing theverication process, it will collateall the resolutions of the concernedGram Sabhas, consolidate mapsand details provided by GramSabhas, eamine the resolutionsand the maps of the Gram Sabhasto ascertain the veracity of theclaims and hear and adjudicatedisputes between Gram Sabhason the nature and etent of anyforest rights. This committee willalso hear petitions from persons,including State agencies, aggrievedby the resolutions of the GramSabhas. Wherever required, itwill co-ordinate with other Sub-Divisional Level Committeesfor inter Sub Divisional claims.

It will prepare block and Tehsil-wise draft record of proposedforest rights, after reconciliationof government records, forwardthe claims with the draft recordof proposed forest rights throughthe Sub-Divisional Ofcer to theDistrict Level Committee for naldecision. It will accept petitions,if any, against the resolutions ofGram Sabha, x a date for hearing

in writing as well as through anotice at a public place. It willconsider the resolution of GramSabha on its references and passappropriate orders. This Committeewill also educate Gram Sabhasabout their duties as well as theduties of holders of forest rightsand others towards protection ofwild life, forest and bio diversitywith particular reference to

critical ora and fauna of the area.

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The District Level committee isto ensure that Forest and Revenuemaps and electoral rolls areprovided to Gram Sabha / ForestRights Committee. It will eaminewhether all claims, especiallythose of primitive tribal groups,

pastoralists and nomadic tribes,have been addressed keeping inmind the objectives of the Act. Itwill consider and nally approvethe claims and record of forest rightsprepared by the Sub DivisionalLevel Committee. It will hearpetitions from persons aggrievedby the orders of the Sub DivisionalLevel Committee, co-ordinatewith other districts regarding inter-district claims and issue directionsfor incorporation of the forest rightsin the relevant government recordsincluding record of rights. It willensure publication of the record offorest rights as may be nalized andcomplete the process by ensuringthat a certied copy of the recordof forest rights and title under theAct, as specied in the Rules, isprovided to the concerned claimantand the Gram Sabha respectively.

The State level Committeechaired by the Chief Secretarywill closely monitor the processof recognition, verification andvesting of forest rights as well asmonitor future resettlements incases compelled by requirementsof Wild life Conservation.

T h e r e s p o n s i b i l i t y f o r implementing the provisions of the

Act lies with the State Governments.However, in view of the importanceand urgency of the matter and itsimpact on the lives of millions ofForest Dwellers across the country, thePrime Minister addressed the ChiefMinisters of all the States in January2008 itself requesting for epeditiousimplementation of the provisionsof the Act and Rules. The PrimeMinister also emphasized that there

should be effective communication

to ensure that the provisions of thisAct and Rules are well known andsuch public information contributesto transparency and accountabilityin its implementation. On the adviceof the Prime Minister, the Ministryof Panchayati Raj requested the

State Governments to organizeGram Sabhas across the country onan appointed day to ensure that theprovisions of this act are made widelyknown to members of the Gram Sabhaand Panchayats who will play a criticalrole in its implementation. All States,barring those which were going to thepolls, have launched the process bycompleting the preparatory actions.

This Act has provided a historic

opportunity to recognize the entirerange of rights of forest dependentcommunities, both tribal and nontribal. These rights are conferredin forests of all descriptions. TheAct also provides for the diversionof forest land essential for meetingthe community requirements. TheAct has defined a very stringentprocess for modifying any of theforest rights once conferred. Such

modifications can be consideredonly for setting up inviolate areasfor wildlife conservation throughan open process of consultationand only after satisfying stipulatedconditions like; the impact of thepresence of right holders on thewild animals is sufcient to causeirreversible damage, the StateGovernment is convinced that thereare no options of co-eistence, theresettlement package is reasonable

and has the free and informedconsent of the Gram Sabhas. Evenin such cases, the resettlement cantake place only after allocation ofland and setting up of facilitiesas per the promised package iscompleted. Government has toensure that such lands are not furtherdiverted for any other purposes.These provisions are applicableto forest dwellers who have been

evicted even prior to the Act but

without alternative land and withoutreceiving all their legal entitlementsto rehabilitation. This Act has alsocast the responsibility on the ForestDwellers and Gram Sabhas to protectwildlife / forests /bio-diversity,ensure proper management of

adjoining catchment/ water sourcesand other ecologically sensitiveareas, ensure that the habitat ofForest Dwellers are protected fromany form of destructive practicesand that the Gram Sabhas takedecisions on regulating access tocommunity forest resources and stopany activity which adversely affecttheir well being. These are thesinequa non for sustainable managementof the very forest resources on

which the lives of Forest Dwellersare inetricably interrelated.Future of Forest Dwellers and asignificant portion of our ForestResources are dependent on howsuccessfully the Gram Sabhas andright holders avoid the temptationsof unsustainable use of resources,resist the factors contributingto the depletion of communityresources and successfully restore

the traditional symbiotic relationbetween forests and forest dwellers.

The process of Recognition ofForest Rights has to strike a delicatebalance between the Constitutionalmandate of the Gram Sabhas andPanchayats on the one hand andthe need for the help and assistanceof the eecutive machinery of theState Government on the other.There is tremendous pressure on

land especially where land is scarce.We also have State Legislationsrequiring restoration of Tribal Rights/ Lands to tribals which are notoperational due to conict of interestwith members of other communities.Gram Sabhas require etensivecapacity building and close handholding in performing their criticalrole in recognizing the forest rights.Even more such assistance will be

required to ensure that the Gram

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Sabhas are able to exercise sufcientchecks and balances to ensurethat rights once recognised arenot eposed to another cycle ofalienation leaving the plight offorest dwellers back of square one.For over a century, the State has been

shouldering the responsibility ofprotection and conservation of forestareas with emphasis on enactingand enforcing legal provisions. TheAct confers the right and also theresponsibility on the right holdersand Gram Sabhas to protect andconserve the wild life, forests andbio-diversity. These provisionssimultaneously offer a hithertountapped resource of local and vestedinterest of right holders to protect the

forest areas but also eposes them tothe temptations of easy money bysuccumbing to the illegal interestsof other forest users. Storehouses ofrich biodiversity and an invaluablesource of environmental services,our natural forest are important notonly to our country but also for the

entire mankind. While identifyingforest rights, the Gram Sabhas andvarious Committees under the Acthave to also balance between thegenuine need of forest dwellers andimperatives of our conservationagenda. While assigning the rights

to individuals, Gram Sabhas haveto ensure that they eercise effectivechecks on further alienation ofthese rights so that the story ofalieniation already eperiencedin several states do not repeat.Rapid denudation of common lands,tragedy of the commons, is a knownphenomenon. While assigning rightsto Communities, Gram Sabhas haveto ensure that the tragedy of the

commons is effectively checked.Sustainable management of

forests call for a symbiotic relationbetween forests and forest dwellers,the two vulnerable elements of ourforest ecosystem. This Act aims andcaters towards this. By providingGram Sabhas a Central Role in

identifying forest rights in ensuringsustainable management of thecommunity resources and assigningto it a key role in identifying theminimum diversion of forest land foressential community requirements,this landmark legislation recognizesthe value and potential of theGram Sabhas and Panchayati RajInstitutions (PRIs), which constitutethe grassroot democratic institutions.Gram Sabhas are probably the onlyinstitutions, which can standup tothis stupendous task. With help andsupport of the State Governments,District Administration and therelevant departments combinedwith the political will to respectthe Constitutional Mandate,

I am confident that the GramSabhas and PRIs will standupto the challenges thrown up bythis historic opportunity. q

(The article is based on inputs

provided by Dr. Nupur Tiwari,

Senior Consultant, Ministry of

Panchayati Raj, GOI)

The Act throgh the Years

Rights of forest dwellers have nally been recognised. Here is a look atvarious legal provisions covering forests and tribals

Indian Forest Act, 1927: To tapIndias vast forest wealth, theBritish government enacted theIndian Forest Act giving tribals theright to eploit forest resources.After Independence, the rightsenshrined in the 1927 Act werenever granted.

Forest Conservation Act, 1980:

The rights of tribals were taken awayin the Forest Conservation Act.Tribals were termed encroacherson the land they had been livingfor generations.

MID-1980s: In 1986 , thecommissioner of scheduled tribesand scheduled castes in his reportto the Parliament dealt etensivelywith disturbances in tribal areasbecause of de-legitimisation of

tribal rights.

the process to draft the Tribal Billstarted.

Joint Parliamentary Committee

in May 2006 submitted the report

epanding the scope of the bill

to include all forest dwellers,

resulting in strong opposition

to the recommendations by the

government.

Tribals identified as Scheduled

Tribe in the Fifth Scheduled of the

Constitution are eight per cent of

the countrys population. 20.64 per

cent of Indias geographical area is

under forest cover. Tribals live in 70

per cent of these forests. The Status

of Forest Report 2003 had said that

forests where the tribals lives are

the best in the country. q

National Environment Policy,

1988: For the rst time recognised

the relationship between forest-dwellers and conservation.

1996: Panchayats were etended toscheduled tribe areas, the rst step

in the direction of identifying therights of tribals.

2000: The Inspector General ofForests in the ministry passedan order stating that peopleencroaching upon forest land canbe evicted. This was implementedin 2002.

2003: Following resistance fromtribals, the Centre formed acommittee to eamine the issueof tribals rights. Based on the

committees recommendations,

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For the

frst time, it

opens the

possibility of a

future of trulydemocratic forest

management

N DECEMBER 18,

2 0 0 6 , P a r l i a m e n t

unanimously passed the

Scheduled Tribes and

Other Traditional Forest

Dwellers (Recognition

of Forest Rights) Act, 2006. This

is not just another law. In the years

that preceded its passage, and in

the year since, this law has beenattacked as a move to privatise

forests, to destroy the countrys

remaining tigers and as a welfare

measure by politicians seeking

vote banks. One author even

described it as the most dangerous

law passed since 1947. After it

was notied into force on December

31, 2007 a full year after it was

passed newspapers called it the

most controversial law in Indiasrecent history.

But in reality this law does not

distribute land or land rights to

anyone; it will not privatise the

forests, and it certainly will not

result in the etinction of Indias

tigers. Rather, encapsulated in

this legislation, and in the ght

Shankar Gopalakrishnan

The author is Convenor, Campaign for Survival and Dignity

fOrEST righTS

Democratic Control

over Natural Resources

Othat was fought over its every

word and every clause, is the

story of the struggle over the

livelihoods of Indias poorest

people and the ght to establish

democratic control, to whatever

small etent, over the resources

and the forests of this nation. To

understand how this occurred,

and how and why conservationhas become a term behind which

a large number of vested interests

have come to hide, we need to rst

understand the history of Indias

forest laws.

Indias Forest Laws

For more than a century now, the

forests of India have been governed

under the provisions of the IndianForest Acts, a series of which were

passed from 1876 to 1927. The

1927 Act remains Indias central

forest legislation. The purpose

of these Acts had nothing to do

with environmental conservation.

Rather, the British wanted to

undertake use and management

of timber, which required that the

OVErViEw

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government assert its ownership

over forests and suppress the

traditional systems of community

forest management that eisted in

most of the country. The Forest

Acts empowered the government

to declare its intention to notify

any area as a reserved or protectedforest, following which a Forest

Settlement Ofcer would enquire

into claims of rights (to land, forest

produce, pasture, etc.).

Since the primary intention of

these laws was precisely to take

over lands and deny the rights of

communities, this settlement

process was in a sense destined

to fail which is eactly whathappened. Surveys were often

incomplete or not done (82.9% of

Madhya Pradeshs forest blocks

have not been surveyed till date ,

while in Orissa more than 40% of

state forests are deemed reserved

forests where no settlement of

rights took place). Where the

claims process did occur, the rights

of socially weaker communities

particularly tribals were rarely

recorded. These communities

simply were unable to access the

settlement process. The problem

became worse after Independence,

when the lands declared forests

by the Princely States, zamindars

and private owners were transferred

to the Forest Department through

blanket notications. Most such

transfers occurred with no settlementprocess at all. Where the previous

regime had recognised some rights

on these lands or to use these forests,

these rights were often simply

ignored and thereby annulled

when the transfer took place (as

in the Nistari jungles of Madhya

Pradesh and Chhattisgarh).

In short, what government

records call forests often

include large areas of land that are

not and never were forest at all.

Moreover, those areas that are in

fact forest include the traditional

homelands of communities. All

those who live in these lands,

whether they are forest or not,

overnight became encroachersin their own homes.

It was against this background

that, for more than a century,

Indias tribals and forest dwellers

have fought. Their fundamental

demand was for their rights to be

recognised and their forests to be

protected.

Development of the Forest Rights

Act

This law came out of this history.

In particular, on May 3rd, 2002

the Ministry of Environment and

Forests issued an order directing

eviction of all encroachers from

forests by September 30th, 2002,

on the basis of ostensible Supreme

Court orders (in fact the Supreme

Court had never ordered eviction,

only barred regularisation of

encroachments).

The result was a tidal wave

of evictions across India over the

net two years, resulting in an

estimated 3,00,000 families being

brutally thrown off their lands

and homes across all of India. In

several areas elephants were used

to demolish villages; in Assamalone an estimated 40,000 families

lost their homes and lands in May

of 2003. In Madhya Pradesh an

estimated 125 villages were fully

or partially burned. In Andhra

Pradesh, an unknown number

of settlements of Chenchus and

other hunter gatherer communities

were also burned, with reports that

people came out on to the roads and

died of starvation.

In response to these evictions

a political uproar ensued, and

the movement for forest rights

gained national prominence and

coordination. The rapid growth

in the struggle, reflected in a

series of mass mobilisations over

the following five years, forcedthe government to respond. The

UPA committed in the Common

Minimum Programme to halt

evictions of tribals and forest

dwellers. Subsequently, after

a meeting between the Prime

Minister and the Campaign for

Survival and Dignity (a national

platform of tribal and forest dweller

organisations) in November 2004,

the National Advisory Council

in January 2005 recommended

that a law be framed for forest

rights. On January 19th, 2005, the

decision to draft a law was taken,

and by March 2005 the drafting

through a group of eperts including

environmentalists, forest rights

activists and government ofcers

was complete.

The subsequent attacks on the

Bill became a reason for delay in

tabling of the Bill in Parliament

until December 2005, when it was

referred to a Joint Parliamentary

Committee. The JPC etensively

overhauled the legislation, rewriting

parts of it to make them more

democratic and including non-

ST forest dwellers as an eligible

category (reecting the signicantnon-ST forest dwelling population

in large parts of the country, many

of whom are as vulnerable as

STs). It also altered the cutoff

date to make it more reasonable,

rather than requiring 27 years of

occupation on land, and made a

large number of other changes.

Following the submission of

its report on May 23, 2006, an

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etensive period of negotiations

took place between the government

and JPC members. At the end the

government accepted several

major JPC recommendations, but

at the last minute made several

changes. The law was passed

with these changes, but only afterthe Minister for Tribal Affairs

gave several assurances in the

Rajya Sabha about addressing

its aws through the Rules and

amendments.

At every stage, the attempts to

sabotage or defeat the law were

met with concerted pressure by

political parties and by a series

of nationwide demonstrationsthat involved lakhs of people

(organised by various non-party

organisations working among

forest communities). It was only

as a result of this pressure and the

mass movements behind it that the

law was passed at all.

The Contents of the Law

The law provides a basic

framework for three matters, asfollows:

Eligibility

There are two stages to be

eligible under this Act. First, any

claimant has to show that they

primarily reside in forests and

that they depend on forests and

forest land for a livelihood (namely

for bona de livelihood needs).The latter term is dened in the

Rules to include sale for sustenance

needs of self and family. Second,

the claimant has to prove either that

the above conditions have been true

for 75 years, in which case they are

an Other Traditional Forest Dweller

(section 2(o)); or that they are a

member of a Scheduled Tribe living

in the area where they are scheduled

(sections 2(c) and 4(1)), in which

case they are a Forest Dwelling

Scheduled Tribe.

Rights

Three basic types of rights are

recognised:

l

to land of various types, witha cutoff date of December 13,

2005 (i.e the land should have

been occupied and cultivated

prior to that date), and if no other

documents are present, a ceiling

of 4 hectares per family;

l to minor forest produce, water

bodies, grazing grounds, etc as

traditionally used; and

l nally, to protect and conserveforests and wildlife.

It is the last right that is in some

senses the most revolutionary

aspect of this law. It is vital for the

thousands of village communities

who are protecting their forests

and wildlife against threats from

forest maas, industries and land

grabbers. For the rst time, it opens

the possibility though it is nodoubt for now only a possibility of

a future of truly democratic forest

management.

The Process

Section 6 of the Act provides a

three step procedure for deciding

on who gets rights. First, the

gram sabha (full village assembly,

not the gram panchayat) makes

a recommendation - i.e whohas been cultivating land for

how long, which minor forest

produce is collected, etc. This

is done through an inquiry by

a Forest Rights Committee of

the gram sabha, whose ndings

are approved by the gram sabha

as a whole. The gram sabhas

recommendation goes through two

stages of screening committees

at the taluka and district levels.

The district level committee

makes the nal decision (section

6(6)). The Committees have si

members - three government

ofcers and three elected persons.

At both the taluka and the district

levels, any person who believesa claim is false can appeal to the

Committees, and if they prove

their case the right is denied

(sections 6(2) and 6(4)). Finally,

land recognised under this Act

cannot be sold or transferred.

The Flaws, the Implementation

and the Ftre

Even at the time of its passage,

the movements that fought for

the Act had pointed out several

aws in the law. Among these was

the phrase primarily residing in

forests, which might be taken to

mean that only those who have

houses on forest land are eligible.

This is a rarity even among forest

dwellers, most of whom have their

permanent residences on revenue

land; those who in fact lived onforest land have mostly been driven

out before, or the Forest Department

has drawn its boundaries to eclude

their houses (to prevent the most

direct clashes). Further, some

highly vulnerable groups of non-

STs will be ecluded by the 75

years requirement, such as those

in forest villages. On the rights

recognition process, the sweeping

powers of the higher committees

makes corruption more likely,

while there is a failure to clearly

specify that the gram sabhas for the

purpose of the Act should be those

of hamlets or actual settlements (not

of the gram panchayat or revenue

village, which are much larger

entities often including many actual

settlements). Finally, the law was

left with some legal uncertainty

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by a section stating that it should

be read in addition to and not in

derogation of any other law in

force (section 13).

On all of these points the

JPC had made strong and clear

recommendations, but these wererejected by the government. These

aws are now becoming apparent

during the implementation process,

which at the time of writing has

very recently begun in many of

the major States across central

India. The vagueness is allowing

for ecluding many persons and

in some areas has made it easier

to manipulate the constitution of

Forest Rights Committees.

Yet, the Acts impact is visible

across the length and breadth

of Indias forest areas, even as

implementation has just been

initiated. There is a sea change in

forest areas, with forest officers

withdrawing (indeed, in Gujarat,

they have been instructed to stay

out of the rights recognition

process, whi le in Goa they are

reportedly themselves being

retrained in the Acts provisions).

Efforts to manipulate ForestRights Committees are being

met wi th res i s tance a t the

village level. Rights are being

claimed, evictions fought off

and community forest resources

demarcated.

I t wi l l t ake many years

before the true import of these

developments becomes apparent,

but the fundamental transformationis simple: for the first time in

a hundred and fifty years, the

hegemony of the outsiders over the

lives, livelihoods and homelands

of forest communities is broken.

There may and already are efforts

to stop this change, to reverse it,

to restore the dominance of what

has been called Indias largest

zamindar. Among these are a wave

of coordinated court petitions

challenging the constitutionality

of the Act, with four petitions in

three High Courts and two in theSupreme Court. Among these

are the ongoing media campaign

against the Act, the desperate efforts

to equate wildlife conservation

with the forest bureaucracy. But

all such attempts are doomed at

some level to fail. For the struggle

of people has won this much as a

victory: never again can they be

described as criminals, thieves,and encroachers for living in

their own homes. They have

taken the first steps towards

democracy in the forests, and no

amount of elite backlash can now

push them back. q

YOJANANext Isse

on

Womens Empowerment

October 08

Womens Education and Empowerment play an important role in the development of a nation.

Our full potential as a Nation will only be realized when women, who constitute about half of

our population, can fully realize their potential.

Throwing light on the topic are eminent personalities:

- Smt. Pratibha Devisingh Patil, H.E. President of India;

- Interview with Smt. Renuka Chowdhury, Union Minister of State (Independent Charge), Ministry

of Women and Child Development;

- Smt. Kiran Bedi, Retired IPS ofcer; and others.

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Its time to

resolve petty

differences and

to act now before

we loose both

the tiger and

the tribal - our

national heritage

and pride

HE NEW Year dawned

with the notication of

the Scheduled Tribes

and Other Traditional

F o r e s t D w e l l e r s

(Recognition of Forest Rights)

Act, 2006 (Forest Rights Act) as

well as the Rules. Many learned

people are either for or againstit. There are those who believe

that historical injustice has been

done to forest dwelling tribals

and other communities especially

during the reservation process and

advocates of tigers are under the

impression that the last portions

of forest lands will be handed over

to these communities who cannot

coeist with wildlife and especially

tigers. The truth probably lies in

between and it is the sincerity and

preparedness of the Government

as well as the communities which

will determine whether a historic

injustice has been removed or

we have inched towards another

historic blunder.

Sanjay Upadhyay

The author is a Supreme Court Lawyer and Member of Technical Support Group for framing the Forest Rights Act.

fOrEST righTS

Co-eistence: Myths

and Realities

TIt is important to take a stock

of how this law had unraveled. It

has taken almost two years for the

Government of India to formulate

the Act and the Rules. Although,

the Technical Support Groups

which were constituted for both the

Act and the Rules had given their

draft well before their stipulatedtime. The wait is nally over and

the dilatory tactics applied shows

a plain lack of understanding of

the intent and purpose of the Act.

Clearly, the two most vulnerable

categories, the tiger and tribal have

suffered. The tigers have been

killed and the tribals have been

evicted.

So what does this Act say?

It assumes that the reservation

process in this country creating

reserve forests as well as protected

areas have been faulty both in

the colonial and post colonial

period. The recording of rights

of the vulnerable forest dwelling

COuNTEr ViEw

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communities especially the tribal

communities have been denied

their rightful claims under an

erroneous process and its time

that such unrecorded rights must

be recorded now provided they

adduce evidence and prove theirhistorical claim to such lands. A

framework of recording rights

with a three level authority

structure has been envisaged

where a time bound process is to

be carried out to recognize the

unrecorded forest rights and thus

undo the historic injustice done

to such vulnerable communities.

Several forest rights including,individual and family occupation

on fores t l and , communi ty

entitlements including pasture

and nomadic rights have been

recognized including ownership

of minor forest produce. Further,

the Act also confers right to

protect , manage and regenerate

community forest resource. The

community for the rst time has

not only responsibility to protect

bu t al so has been empowered

as an authority to perform such

duties. The legislation clearly

states that it is in addition to

and not in derogation of other

legislation.

It simply means that if there are

specic legislations on similar areas

the forest rights Act covers then

both such Acts may be used and not

one against the other. The Act also

has some controversial provisions

on the amount of land that can

be occupied ( upto a maimum

of four hectares); cut off date of

December 13, 2005 for forest

dwelling Scheduled Tribes ( which

itself is not very clear) and dened

other forest dwelling communities

where they have to prove a seventy

five years of eistence through

records and evidence as prescribed

under the Rules. This has given rise

to several myths for and againstthis Act.

It is thus important to assess

whether we have lost the real debate

amidst the tiger wallahs and the

tribal wallahs and sacriced both

the tiger and the tribal? The silent

majority will say an emphatic

yes. The present impasse on the

Forest Rights Act which willhave a tremendous bearing on its

implementation hinges around

misinformation, eaggerations and

lack of understanding on amount of

land to be transferred, ownership,

process of recognition, cut off date,

duties and scope of the Act.

The preamble which is the basis

of any legislation, is categoricalin its intent- to recognize and

vest forest rights for those who

have been residing in forests

for generations but whose rights

could not be recorded and such

recognized rights include the

responsibility and authority for

sustainable use, conservation of

biodiversity and maintenance of

ecological balance and thereby

strengthening the conservation

regime. These are well established

p r inc ip l e s g loba l ly, where

security of tenure is the cardinal

principle to ensure eff ective

conserva t ion s t ra tegy . The

indigenous peoples rights law in

Philippines, aboriginal titles of

native Australians, participatory

forest management since the

mid seventies including the

Forest Policy clearly recognizes

the central role of communities

in forest management . The

Environment Ministry recognizes

the insecurity of tenure, disputesin land titles and forest lands

and has even issued directions

to correct these anomalies in the

past.

So what are these well known

perceptions and eaggerations?

Does the Act hand over four

hectares of forest land to every

tribal family? No, the recognitionis about eisting occupation up to

a maimum of four hectares, to be

validated at a three level scrutiny

process where every concerned

department including forest, tribal,

revenue and panchayat would be

involved in verifying the veracity

of the claims based on sound

evidence. It is another matter that

the recently notied Rules handsover the initiation process to the

Gram Panchayats Gram Sabha

under the Panchayat laws which

clearly contradicts a part of the

mandate of the law itself.

The rationale of four hectares

can certainly be questioned. This

magical gure is a bargain between

2.5 hectares as envisaged earlieron the basis of eisting Forest

Village Rules to as is where

basis is advocated by the Joint

Parliamentary Committee. Clearly,

there is no scientic or legal basis

of four hectares.

Another contentious issue is

the cut off date. In my view, this

Act has no relevance to a cut off

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date. Historical injustice has to

be proved by historical records.

Clearly, December 13, 2005 is

not a historical date. Also a cut

off date hints at regularization of

encroachment and is certainly a

reason for acrimony from the tigerlobby. But this Act is not about

regularization of encroachment;

it is about recording unrecorded

rights and following a due process.

Every wildlife protection and

forest Act in the country lays

down a due process, for bonade

claimants which is well known

to be faulty and contested in the

Supreme Court. The Forest Rights

Act only attempts to better the

eisting process.

The advocates of tigers claim

that several thousand hectares

will be transferred to tribals and

ownership will be granted by the

Forest Rights Act. The Act no

where mentions either ownership

(ecept for minor forest produce)

or forest land transfer. It only

secures tenure and usufructs on

forest land to those who have been

residing since generations. Some

also argue that the Gram Sabha,

the lowest unit of governance,

cannot be given the important

task of initiating the recognition

process for they lack capacity. So

what are the other institutional

models available at the village

level? Why are we so reluctant to

rely on the wisdom of the ordinary

Gram or Gaon ? A man called

Gandhi did believe in them. And

who really conserves forests?

Arent the daily wagers involved

in forestry, watchers, guides,

informers, knowledge holders

on forest, the village boy who

shows the tigers to the urban tiger

enthusiasts, members of the same

forest dwelling communities? This

Act is about their security on the

land they live on.

So who is the real threat to

Indias wildlife and tigers? We

have not yet been able to crack the

wildlife crime syndicate, a crime

claimed as only net to narcotics

even after thirty ve years of the

Wildlife Protection Act. Why do

we only get interested in the Salman

Khans and the Pataudis - are theythe only culprits or is it a good way

of misleading the people while we

have failed to device effective

strategies to tackle wildlife crimes-

the biggest reason for wildlife

depletion in our country.

Another contentious in the

Forests Rights Act which has been

completely missed in the rulesis the critical wildlife habitat.

This has also been pitted against

the Critical Tiger Habitat under

the amendments to the Wildlife

Protection Act in 2006. A close look

would make it clear that there are

only minor differences regarding

jurisdiction and nothing else. The

process of declaring both thesehabitats is same and making them

inviolate follows a similar due

process.

Further, the on-going discourse

about the forest rights seems to

suggest that these rights are absolute

and override all eisting provisions

of conservation oriented laws. This

is a classic case of missing not only

the letter and spirit but also between

the lines of the Act. The Act does

not bar the operation of other laws

and it gains supremacy only to the

etent of the process of recognition

of forest rights.

It is the Rules which fall

short of epectations. It has

certainly not made things easier

in respect of implementation. The

reliance on Gram Sabha of the

conventional Gram Panchayat,

the introduction of the Panchayat

Secretary in the initiation of

recognition process, lack of clarity

on methods and strategies forprotection and regeneration of

forest resources, lack of linkage

with eisting participatory forest

management strategies initiated

by the government as well as

by communities themselves.,

inadequate process of defining

community forest resource, the

silence on critical wildlife habitat,lack of representation of civil

society in the recognition process

are to name a few which makes

things difcult and complex.

The most dangerous trend that

is emerging is that this divide

between urban conservationist and

the tribal advocates has reached

the court rooms. At least sisimilarly worded petitions have

been filed by retired foresters,

bureaucrats, erstwhile hunters

turned conservationists across the

country in Tamil Nadu, Andhra

Pradesh, Maharashtra as well

as in Delhi in the ape court.

Surprisingly, the amicus curiae

in the forest case (a person who

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assists the court at its behest) has publicly opposed the

legislation and infact had moved an application even

before the Parliament had enacted the legislation.

It is little wonder that it took a few seconds for

the Supreme Court to issue notice at his behest on

the constitutional validity of the Act. The original

petitioner or their Advocates did not even arguefor the notice. Its time that the legal armonry of the

Central Government make adequate preparation for

putting up a sound legal ght. Else there is a strong

possibility that a few handful but vocal opposition

may sabotage a historic legislation. What is ironic is

that wildlife enthusiasts are moving petitions against

the forest rights Act on the grounds of failure of

restoration of tribal land alienation, clearly arguing

a different cause under a different statute.

Perhaps what is more challenging is to improve

the current mechanism that is being put in place to

implement a very difcult legislation where the entire

energy of the state and non government organisations

must be garnered for ironing the creases of the new

legislation and not get diverted in that singular effort.

There is a clear need to strengthen the Gram Sabha

specially convened for the purpose of this Act.

Correct legal information in simple language is the

requirement. The Sub-division Level Committees

as well as the Division Level Communities need

to be strengthened with adequate knowledge about

the legislation as well as capacity to deal with a

huge process. A sound preparation will be key to

ensuring success in demonstrating a real reversing

of a historically wrong process. Instead the current

imbroglio tends to take away the focus of the real

issue of giving a strong stake to those communities

who have always been at the forefront of conserving

our natural resources.

My one last question - Do conservationists hate

tribals or do tribal activists have no concern for

our environment? Either is not true. Clearly, its

time to resolve petty differences and to act now

before we loose both the tiger and the tribalsour

national heritage and pride. q

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T IS over three years now

since the Schedule Tribes

and other Forest Dwellers

(Recognition of Rights) Bill

came into public domain.

Just before that Prime Minister

stated in a book release function

In our Country both Tribal and

Tiger will survive happily. No

one knew the agenda behind theseutterances.

The Prime Minister epressed

his intentions by creating Tiger

Task Force, but that only brought

shock among tiger conservationists.

The report which suggested co-

eistence of Tribal and Tiger did

not consider that tigers needed

eclusive area for breeding and

survival. The report also suggested

that where co-eistence was not

possible, the villagers would be

relocated in a time bound manner

which meant putting the cart before

the bullock.

However one member of the

committee vehemently opposed the

theory of co-eistence.

P K Sen

The author is former Director, Project Tiger.

f rE T ri hT

Tiger vs Tribals

IFinally the Schedule Tribe and

other Traditional Forest Dwellers

(Recognition of Forest Rights) Act

2006 came into eistence after the

rules were notied on 1st January

2008 for implementation. These

three years have seen a turmoil

and friends became foes. The

conservation community called it

controversial as the Act failed torecognize the eisting National

Parks or Sanctuaries or biodiversity

rich areas. Whatever has been

said in our Constitution was being

ignored by activists, backed by

land maa and the politicians. The

concept of conservation was tilted

to such an etent that the theory of

co-eistence was pushed forward.

Many of the human rightactivists called it a battle between

those supporting the Bill and these

conservationists who opposed it in

the name of Tiger Crisis.

Both sides attacked and counter

attacked but one can imagine

the political back up the human

activists received.

OpiNiON

The question is

why a tribal should

protect forests or

wildlife and manageit sustainably when

there is so much

of pressure on the

forests from

every side

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All efforts were made to make

this act more stringent which

one could see in the final draft

put up by the Ministry of Tribal

Development after the Committee

of Parliamentarians cleared it. All

the deliberations made in the Prime

Ministers Ofce and subsequentcommitments by Ministry of Tribal

Development to keep National

Parks and Sanctuaries away from

the perview of the act were not

adhered to.

I know for good that no

conservationist has ever opposed to

grant ownership of land to Tribals

or Forest Dwellers but they always

wanted to do it gradually and not

at one go.

After all it was an eperiment

and the countrys entire natural

resources could not be allowed to

be squandered away by a handful of

politicians and so called activists.

Conservation community always

supported right to forest dwellers as

has been recorded in register ofrights in many states and the Forest

Rights Act also emphasizes and

recognizes the same.

We know critical wildlife

habitats have been identied after

lot of efforts in last over 35 years,

thus came the Sanctuaries, National

Parks and other Protected Areas.

Suddenly a new group of people

with new ideas were listed by

the Ministry of Environment and

Forests under the provision of this

Act. To identify critical wildlife

habitats, the epert committee is

represented by people saving cats

and dogs in cities and not wildlife

in the forests.

Fortunately before 1 st of

January 2008, the date xed for

notifying rules of Forest Rights

Act, the critical Tiger habitats were

notied.

No political party could raise

much hue and cry as National

Tiger Conservation Authority

was created by an amendment ofWildlife Protection Act passed by

both the houses of Parliament. (It

is learnt that some activist groups

are contemplating legal action

against the notification of critical

Tiger Habitats.)

I must bring Sariska debacle

here, without that the theory of

co-eistence will not be clear.

Between 1997 and 2004 SariskaTiger Reserve was considered to be

a model of peoples participation

in Tiger conservation. So much so

that concrete dams were constructed

inside the core area to benefit

villages in 1999-2000. Villagers

par t ic ipa ted in work-shops

organised by Non Government

Organisations where Government

of India and State GovernmentOfcials also participated. Initially

it looked like dream come true

and hundreds of articles were

written and volumes of books were

published, showcasing Sariska as

a model.

First shock came when the

same villagers lopped all the trees

inside core area to feed their cattle.

The concrete dam failed to deliverany water after one year, as the

catchments were not treated. This

culminated in the disappearance of

Tiger from the reserve in mid 2004.

The intelligence and investigating

agencies conrmed that the villagers

who had vowed to save forests and

Tigers were hand in gloves with

the poachers. There are many such

instances in the country where the

poachers are thriving only with

the help of village community.

The villagers cannot be blamed as

poverty looms large and a pittance

can change the mindset of Forest

Dwellers.

In spite of all these, there shouldnot be any objection to giving

ownership of land to Tribals or

Forests Dwellers, but it will be

essential that genuine people get

land and there living condition

improves.

The Present Act

The procedure of submission

of application is very complicated.

No one has given a thought that the

Gram Sabha in India are highly

cast ridden, political units where

the poorer section will only run

from pillar to post and never get

justice.

It creates a doubt whether

bonade persons will get benet

of this Act. It is also doubtful

whether the beneciary will be ableto protect his allotted land from

the greedy eyes of land maa nor

there is any provision to keep such

land away from the perview of land

Acquisition Act for development

work.

Since independence, this country

has spent millions of rupees for

tribal development. According to

one estimate the money spent byChhotanagpur Santhal Parganas

Tribal Development Agency, each

tribal family could have a bank

balance of two million rupees.

Unfortunately entire money has

gone down the drain and the forest

dwellers are selling rewood from

door to door for subsistence. During

summer they are surviving on roots,

fruits and leaves collected from the

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forests. The land owners cultivate

their land but the production level

has not gone up in last ve decades.

90% of such villages have no

drinking water. Even Rajiv Gandhi

drinking water mission has not been

able to reach roadside villages.

Now by passing the Act we haveshown them the carrot and hope that

the ownership will act as a magic

wand to give them dignity without

food, water, education, hospital,

power or roads.

Whatever happens to the Tiger

and their habitat, it does not require

any discussion further but it is

certain that the forest Right Act has

been promulgated in such haste and

under such political pressure that

this is likely to be the most common

Election Manifesto for all Parties.

It is over 60 years since Indias

independence, we are still promoting

a jargon of Tribal Forest Symbiosis

where tribals are forced to livelike wild animals within forests

and depend on forests for basic

subsistence.

The question is why a tribal

should protect forests or wildlife

and manage it sustainably when

there is so much of pressure on

the forests from every side. India

a developing Nation, need land

for every activity be it industrial

establishment, hydroelectric power,

mining, roads, railways and so on

and so forth. In spite of the strongest

legislation of Forest Conservation

Act, people have found means to

enter into Forest Land and even

Supreme Court of India through its

empowered committee could notcontrol it. It is reliably learnt that

most of the records of land transfer

between 2003 and 2007 are missing

from Ministry of Environment and

Forests.

At the conclusion I only pray that

the Tribals and Forest Dwellers are

genuinely beneted by this Act and

lead a dignied life. q

(Email: [email protected])

ESSAY CONTEST

Yojana in collaboration with Department of Consumer Affairs, Government of India is organizing

an essay competition on consumer awareness in Hindi and English.

The theme is unethical Food Marketing to Children. The prizes are sponsored by Department

of Consumer Affairs.

(i) First Prize Rs.5,000/-

(ii) Second Prize Rs.3,000/-

(iii) Third Prize Rs.2,000/-

(iv) 10 Consolation prizes Rs.l,000/-

(v) Annual subscription of Yojana to 50 contestants including the above prize winners

The competition is open to all except ofcers/staff members and relatives of Yojana, Publications Division,

Ministry of Information & Broadcasting and Department of Consumer Affairs. Students and civil service

aspirants, especially women, are encouraged to participate. Entries can be sent through e-mail, ordinary post/

regd. post/speed post/courier. There is no age bar and the word limit should be between 1500 to 2000 words.

The words Essay Contest should be superscribed on the envelope carrying the essay.The last date for receiptof entries in Yojana Ofce has been extended to 15th September 08. The entries should be sent to:

By Post:

Editorial Ofce,

Yojana, Room No.538,

Yojana Bhavan,

Parliament Street,

New Delhi-110001

Throgh Email:

e-mail address: [email protected]

LastDate

Exten

ded

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HE PARLIAMENT has

passed the Scheduled

T r i b e s a n d O t h e r

T rad i t i ona l Fo re s t

Dwellers (Recognition

of Forest Rights) Bill, 2006 in

the Winter Session 2006 of the

Parliament. The assent of the

President has been received on

29.12.2006. The Ministry of Law

& Justice (Legislative Department)

has published the Scheduled Tribes

and Other Traditional ForestDwellers (Recognition of Forest

Rights) Act, 2006 in the Gazette

of India, Etraordinary, Part-II.

Section-I on 2.1.2007 [No.2 of

1007].

Salient featres of the Act

l The Act recognises and vests

the forest rights and occupation

in forest land in forest dwellingScheduled Tribes and other

traditional forest dwellers who

have been residing in such

forests for generations but whose

rights could not be recorded.

This would undo the historical

injustice done to the forest

dwelling Scheduled Tribes.

fOrEST righTS

Salient features of the Act

T

lT h e A c t p r o v i d e s f o r

recognition of forest rights

of other traditional forest

dwellers provided they have

for at least three generations

prior to 13.12.2005 primarily

resided in and have depended

on the forest or forest land for

bonade livelihood needs. A

generation for this purpose

would mean a period comprising

of 25 years.

lThe cut off date for recognition

and vesting of forest rights under

the Act will be 13.12.2005.

lThe Act provides for the ceiling

of occupation of forest land

for purposes of recognition of

forest rights to the area under

actual, occupation and in no

case eceeding an area of four

hectares.

lThe Act provides for conferring

rights in the National Parks

and Sanctuaries also, renamed

as critical wildlife habitat on

regular basis.

lThe Act provides for the right to

hold and live in the forest land

faCT filE

A law intended to

correct the historicalinjustice done to

forest dwellers

by the failure to

recognise their

rights

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under the individual or common

occupation for habitation or for

self cultivation for livelihood

by a member or members of

a forest dwelling Scheduled

Tribe or other traditional forest

dwellers.

lThe Act recognises the right

of ownership access to collect,

use, and dispose of minor

forest produce which has been

traditionally collected within

or outside village boundaries.

The Act has dened the term

minor forest produce to

include all non-timber forestproduce of plan t o r ig in ,

including bamboo, brush wood,

stumps, cane, tussar, cocoons,

honey, wa, lac, tendu or

kendu leaves, medicinal plants

and herbs, roots, tubers and the

like.

lThe Act recognises the right to

in situ rehabilitation including

alternative land in cases

where the Scheduled Tribes

and other traditional forest

dwellers have been illegally

evicted or displaced from

forest land of any description

without receiving their legal

entitlement to rehabilitation

prior to 13.12.2005.

lThe Act provides for the forest

right relating to Government

providing for diversion of

forest land for the purpose of

schools, hospitals, anganwadis,

drinking water supply and

water pipelines, roads, electric

and telecommunication lines,

etc.

lThe rights conferred under the

Act shall be heritable but not

alienable or transferable and

shall be registered jointly in the

name of both the spouses in the

case of married persons and in

the name of the single head, inthe case of a household headed

by a single person and in the

absence of a direct heir, the

heritable right shall pass on to

the net of kin.

lThe Act provides that no

member of a forest dwelling

Scheduled Tribe or other

traditional forest dwellersshall be evicted or remove

from forest land under his

occupation till the recognition

and verication procedure is

completed.

lAs per the Act, the Gram

Sabha has been designated

as the competent authority

for init iating the process

of determining the nature

and etent of individual or

community forest rights or both

that may be given to the forest

dwelling Scheduled Tribes

and other traditional forest

dwellers.

The benets that will accrue from

the Act

lThe Act results in recognition of

forest rights of forest dwelling

scheduled tribes and other

traditional forest dwellers over

the forest land under their

occupation and their habitat for

self-cultivation of the land for

their livelihood.

lThey will have access to, use

or dispose of, minor forest

produce They will not face the

threat of eviction or removal

from forest land under their

occupation.

lThey will be entitled to the

benets of various schemes of

the Government after vesting of

the clear cut title of land in their

favour.

lSince the Gram Sabhas have

been designated as the competent

authority for initiating the

proces s of de termining the

nature and etent of individual

or community forest rights that

may be given to the scheduled

tribes and other traditional

forest dwellers, this would

empower the local communities

in management of their natural

resources in tune with the

provisions of the PESA Act,

1996.

lThe recognition and vesting

of forest rights in the forest

dwelling scheduled tribes and

other traditional forest dwellers

also includes the responsibility

of protection, conservation and

regeneration of wild life, forests

and biodiversity.

lThe Act envisages registration

of the title of the forest land

jointly in the name of both the

spouses, where married, and in

the case of single person headed

households, in the name of the

single head. This would also

benet the women dwelling in

the forests. q

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Managing a

forest requires

training,

education and

knowledge

about the intricate

ecosystems. How

can tribals protect

the forest when

hunger gnaws

at their stomach

and life is a daily

struggle

RISSA IS a state with

a large number of

tribes as many as

62 major and minor

ones. Some like the

Khadias, Dongria Kondhs, Lanjia

Sauras, Mankadias and Bondas

are very primitive and continue

to live their traditional lifestyles.

Many are hunter-gatherers and

roam the forests in search of food,

their worldly possessions limited to

some baskets, cooking utensils and

hunting weapons.

Almost all districts of the state

have tribal people though they

are in a clear majority only in the

western and central hill districts of

Malkangiri, Koraput, Nowrangpur,Rayagada, Kalahandi, Sundargarh,

Keonjhar, Mayurbhanj, Deogarh,

Kondhmal, Boudh, Sonepur,

Bolangir and Nuapara. As much

as 23% of the states population

comprises of tribals with their total

population eceeding seven million

as per the 1991 census.

Biswajit Mohanty

The Author is Member, National Board of Wildlife; and Secretary, Wildlife Society of Orissa.

fOrEST righTS

Too Much of a Burden!

OOrissa ranks fourth amongst

states and union territories in

terms of area under forest cover.

The state has a total area of

1,55,707. Out of this 26,329 sq

kms is reserved forests, 15,524 sq

kms is protected forests and 16,282

sq kms is unclassed forests. The

total recorded forest area (all of

which may not have forest cover)is 58,135 sq kms which is 37.34%

of the total geographical area of

the state. However, only 31.36%

of the area of the state actually

has forests on the ground. Ideally,

33.33% of the geographical area

should be covered with dense

forests. Dense forests form 27,972

sq kms and 20,866 sq kms is open

forest.

According to forest department

ofcials a proposal to declare nearly

12,000 sq kms of forests out of the

31,785 sq km under the revenue

department as reserved forests

has been pending for the last 30

years. This includes the sensitive

Bhittarkanika mangrove forest

STaTE-SpECifiC

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and 14 forest blocks of 15,339.46

acres in the Mahanadi delta. The

proposals were submitted in 1968-

70.

Encroachments are encouraged

in these areas under revenue control

which the tribals are led to believewould be regularized later on. It is

a huge scam which no one wants

unearthed. Orissa is still home to

nearly 50 tigers and 1861 elephants

according to the latest census

figures. Unless drastic steps are

taken the remaining forest area will

vanish, leading to the disappearance

of wild animals.

Tribals inhabit a widespreadarea of Orissa including erstwhile

forest areas which are now

reduced to scrub forests due to

massive deforestation. Mining and

industrialization has destroyed

large tracts of forests, forcing

tribes to live a life of penury. The

Orissa government also runs an

Integrated Tribal Development

Agency (ITDA) with many sub-schemes aimed at specic tribes

like the Dongria Kondhs, Bondas,

Bhuyans and Juangs.

The state government has led

an application before the MoEF

for diversion of around 4,500

hectares of forest land which was

encroached before 25 October

1980 as per the results of a survey

carried out by the forest and

revenue departments. During

the survey itself, many tribals

attempted to occupy fresh forest

areas and urged the verication

teams to enlist them within the

pre-1980 list.

If only the diversion were

limited to this minuscule proposed

forest area out

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