Forest Rights (Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights) Act 2006 Impact on Forests : Reverting Historical Injustice
Background • For many years tribals encroaching forest lands were considered robbers, intruders and encroachers • Tribals were never trusted and they were kept away from the forests
Historical Development • Bhuria Committee Report 1997 • Samata Judgement 1997 • PESA • Forest Rights Act 2006 • Forest Rights Act Rules 2008, 2012
Who has the right over forest land • Tribals (Adivasis) • Traditional residents of the forests ( 75 Years) • Permanent residents of the forests • Cultivating forest land • The forest land must be their main source of subsistence • They must be in possession of forest land on and before 13/12/2005 • They must be in possession of forest land on 1/1/2008 the day Forest Act came into effect
Land Given on lease • Tribals become the owners of any land given by the Govt. or any other public body on lease or grant even if they do not have possession of the same
Land title • Land to be put-up in the name of husband and wife • Land can pass on only to heirs, it can not be sold • Adivasis have a right to take care of- protect and nurture forests • Even houses and lands on which the houses stand to be regularised • They are also entitled to many community rights
Community Rights • Grazing rights, Firewood, Fishing, Cemetery etc. • Right to obtain wood for house and agricultural implements • Collection of minor forest produce like honey, medicinal plants, tendu leaves • To hunt small animals like rabbits which are not in the prohibited list • Use of places in forests, traditionally used for yatras holy festivals • Land should also be granted for schools, dispensaries, electical poles, roads etc.
How much land is Sanctioned per family • Four hectare per family maximum
Procedure for transfer of lands on the name of Adivasis • Preparation of maps of fields and house which are in forest land – Mark boundaries of fields and houses with neighbours as witnesses – measure the length and breadth of the land and calculate the area. – Prepare a map of the plot and get the signatures of the neighbours as witnesses on the maps
Procedure for transfer of land conti- - • Get all the necessary proofs ready • Fill form A for the transfer of personal lands • Fill form B for the transfer of community rights • panchanama to be submitted along with the form • Submit form to gram sevak or the secretary of the village forests rights committee and take an acknowledgement
Scrutiny of forms • The forms are scrutiniesed by three committees 1. Village forest rights committee 2. Sub-divisional committee 3. District committee
1. Village forest rights committee • The village forest rights committee consists of 10-15 members elected at the Gram Sabha • One third of the members should be women • The committee has right to ask any department for documents and proofs needed by the people, • The committee inspects the actual site makes verifications and finally presents its recommendations to the gram sabha • The gram sabha then decides whether the application should be approved and sent to the divisional committee or not
2. Sub-divisional committee • The committee consists of three government officials and three leaders at the sub-divisional level • The committee scrutinizes all forms and make their recommendations to the district committee for final decision
Appeals • When any application is turned down by a committee an appeal can be made to the higher level committee
Problems encountered by the people • Many tribals lost court and government proofs regarding their possession • Some people especially in the village forest rights committee are against them • Many leaders were demanding large sums of money • Many people did not know how to fill the forms
Current Status • The Act recognizes them • For many years tribals as Masters and Owners encroaching forest lands were considered robers, intruders and encroachers • Tribals were never trusted • The given them and they were kept away responsibility for taking from the forests care of the forests
CONTEXT -Forest Land and Competing Uses • Forest Land – Dependence of over 300 million people • 23% of Geographical area • Biologically rich area with two biodiversity hotspots • Known for Tigers and other mega fauna • Forest Map- Mineral Map- Tribal Map- Poverty Map congruity
Protective Functions Forest Provide protection against Soil erosion, Droughts, floods, • noise, radiations Soil erosion Soil erosion Floods Droughts
Productive Functions Forest Provide various products like, gum resins, medicines, • Katha, honey, pulp, bamboo, timber, and fruits
Biodiversity Hotspots • Biodiversity “hotspots” – Protection of habitat 16 June 2010 Biodiversity.ppt 23
Tribals of Orissa: At a Glance • Tribal population: 22.13% (of Orissa state) • Tribal area of the state: 44.7% (12 districts) • People BPL : 75.6% ( tribes) : 46.4 ( over all state)
Choices and the Challenges on Forest Land • Go – No Go and Mining ( e.g. Saranda) • Creating Exclusive Zones – RFs – PAS especially N.Ps and Sanctuaries – SEZs – Tiger Reserves especially Core i.e. Critical Tiger Habitat and Buffer – Critical Wildlife Habitat – Community Forest Resource – Through multiplicity of policy and legal measures! – Do communities understand the intent and the sanctity? Can we afford this ignorance?
Tribes and Forest
Impact of mining on river
Peoples perception Now a days % of post on facebook • Government funding also depends upon your perception. Tiger, big cats • Government has to Elephants make policy to satisfy them Rhino others Source-Mr Rakesh Sharma(IFS),IIT Delhi Registrar
Orissa- FRA
FRA 2006 Vs Tiger Conservation
Forest Rights Act 2006 Progress Category Number Area in Ha Individuals ( Maharastra) 1,05,506 96,428 community 2,606 2,63,359 Total Maharastra 1,08,112 3,59,887 Category No of Cases Total Claims 37,64,315 Titles issued 14,36,290 2.238 million ha Disposed off 30,57,126 Total Forest Area of the Country : 697,898 Km 2
Key Problems • Maximum limit 4 ha In Maharastra recent study showed 1,466 cases ( 1,527 ha allotted) • 1748.45 Ha was under forests in 2005 as per satellite image studies ( but allotted) • 433.38 Ha land was under forests 2012 satellite map, yet the land was allotted • 10,960.13 was not under cultivation nor agriculture yet the land was allotted. • Total of 14,668.96 Has was misused
Way Forward • Distinguish the genuine forest dwellers • Differential treatment in different states • Consider tribals as integral part of the forests • Implement the obligations: forest and wildlife protection, ensure habitat preservation • Protect Biodiversity, intellectual property rights
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