A federation of tribal and forest community organisations from ten states in the Indian Union have formed a campaign for Survival and Dignity by presenting their claims for Forest Rights. C. R. Bijoy forwards an update on these demands.

Introduction
As with so many other things in our country, the roots of the current
forest situation lie in the colonial period. The British instituted a
system of forest laws that was intended to bring all of India's
forests under centralized government control in order to make timber
harvesting easier.

But, in order to do so, they had to coopt, displace or evict the local communities (mostly tribals) who had lived, cultivated and survived with and within forests for centuries. The Forest Department became the instrument for this twin goal of harvesting the forests and repressing their peoples.

The very purpose of this was to expropriate local communities, so it
is no surprise that their rights were never properly recorded. Independent India retained the same structures, though now in the name
of conservation. Our country still classifies millions as "illegal
encroachers" simply because they stay inside the forests that are
their homes.

These people live in a legal twilight zone, constantly vulnerable to eviction, brutality, corruption and harassment. Meanwhile, the Forest Department operates with complete impunity and colludes with the destruction of India's forests.

Most recently, after 2002, more than one lakh families have been
evicted across India in a brutal national eviction drive. Protesters
were shot dead, villagers beaten, and whole villages burned to the
ground.

The Campaign formed in response to these terrible incidents. WE have since then been involved in nationwide struggles for the rights of forest communities are recognized and respected.

Our Rights on Forests
Out of the experiences of many organizations over the decades of
struggle for forest rights, certain principles have emerged very
clearly. We believe that these principles must be recognized in law.

PRINCIPLE 1: ALL TRADITIONAL FOREST RIGHTS MUST BE RECOGNISED
Law must recognise that the land and forest rights of traditional
forest dwelling communities, particularly tribals, were illegally and
unconstitutionally expropriated by the Forest Department.

PRINCIPLE 2: RECOGNITION OF RIGHTS HAS TO OCCUR THROUGH A DEMOCRATIC, COMMUNITY-BASED PROCESS
The recognition of such forest rights should be done through a process
where the gram sabha is the authority for determining and recognizing
forest rights. Community rights should be determined democratically
and openly, not by state agencies whose absolute power is an
invitation to absolute corruption.

PRINCIPLE 3: THE NEED FOR A DIFFERENT FORM OF FOREST MANAGEMENT AND CONSERVATION
The autocratic, centralized and unaccountable Forest Department has
been the major reason for both the destruction of forests and the
repression of forest communities.

The Campaign supported and supports the Scheduled Tribes (Recognition
of Forest Rights) Bill, 2005, as it is the first law in India's
history that attempts to fulfill these principles. However, the
current draft has several serious problems. With respect to each
principle, these are:

PRINCIPLE 1: The current Bill presents a fairly comprehensive list of
forest rights. However, it excludes non-ST traditional forest
dwellers imposes a cutoff date of 25.10.1980. The former is unjust
and the latter is arbitrary and will make verification extremely
difficult. Finally, both these exclusions will deny the rights of
people who are forcibly displaced.

PRINCIPLE 2: The Bill outlines a process for recognition of forest
rights that has the potential to be democratic and based in the gram
sabha. Sections 4(1) and 6(1) are landmarks, in that they vest rights
in the community and give the gram sabha powers in the rights
recognition process. However, the Bill also contains sections that
undermine this by allowing for bureaucratic intervention. The
composition and functions of the higher committees have been left to
the Rules, where they can be changed more easily.

PRINCIPLE 3: The Bill marks the first time that the right and
authority of communities to protect, manage and conserve forests
[section 3(k)] has been recognized, and that the gram sabha's
directions for protection are being given legal status [implied by
section 5].

However, this again is undermined by the fact that the
gram sabha is given no power to enforce forest protection. The power
of penalty has been left with the authoritarian Forest Department.
The Bill also contains no clear directive on the protection of forest
rights against seizure or diversion of forest lands for mining and
industry.

More details can be found in the Campaign's position paper on the
Bill. Please email forestcampaign@googlegroups.com for a copy.

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