The South Asian: Adivasis Struggle for Forest Rights

September 02, 2008

Adivasis Struggle for Forest Rights

Aloka describes the contradictary laws, the unhelpful bureaucracy and steadily depleting livelihood sources that are destroying adivasis.

THE STRUGGLE between the forest dwellers including Adivasis and the state (Orissa government) has been continuing for years now. The forest dwellers are its natural inhabitants. So, their life is inseparable from the same. They, howsoever, are poor, illiterate and innocent because of which they are not aware of their rights relating to forest vis-a-vis their lives and livelihoods. Also, it is very unfortunate to know that the state government has branded them as encroachers of the forest and forest lands.

As per the Supreme Court judgment in 2002, a nation-wide eviction process started to make the forest free from the so-called encroachers. The spokesperson of the Ministry of Environment and Forest on August 16, 2004, admitted that just between May 2002 and 2004, eviction operations were carried out in 1.52 lakh hectares of the forest land.

As a strong reaction to this, a massive protest did begin across the country. Serious debates and discussions took place at government and non-government forums. The letter dated February 5, 2004, of the inspector general of forest had clearly stated that the traditional rights of the forest dwellers could not be settled due to many reasons. This resulted in the serious injustice done to the forest dwelling communities, which became 'encroachers' in the eyes of law.

Pressurised enough by the civil society organisations and eminent persons, and to redress the injustice meted out to tribals, the Union Ministry of Tribal Affairs, drafted a Bill to recognise the Scheduled Tribes and forest dwellers' rights over the forest and to provide for a procedure for verifying and recording their occupations in the forest and forest lands. This Bill took the final shape of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Subsequently, the forest rules were also introduced. In spite of certain loopholes in this Act, it assures some benefits to the Adivasis and the other forest dwelling communities. The Act clearly states that to ensure their rights over the forest lands, people belonging to Scheduled Tribes must prove that they were living on the same forest land before December 13, 2005, and in case of forest dwellers other than ST, they have to prove that they were living in the same forest areas since before three generations. Here, one generation means 25 years.

The Forest Act excludes the traditional rights of hunting or trapping or extracting a part of the body of any species of wild animals. The gram sabha, as per the Act, determines the extent of the forest land occupied by any individual or the community or by the both. If any person fails to find justice in the decision given by it, as per the provision of the Act, that person has the right to appeal to the sub-divisional level committee within 60 days of the decision of the gram sabha. In case, if the same individual again fails to ensure justice for him at this level, the aggrieved person may move to the district level committee within the next sixty days.

The National Campaign for Survival and Dignity (NCSD) had played a very significant role in condemning the government's eviction process and pressurising it to make an Act in the interest of both the Scheduled Tribes and the forest dwellers. In order to ensure solidarity to the common issues, Orissa Development Action Forum (ODAF), being a part of the NCSD process, organised seminars, workshops, rallies, campaigns at the state and the national-levels to make the Act pro-people. It also took initiatives in sensitising the media, political party leaders, intellectuals, and the marginalised community.

District doctor Nityanand Pradhan from Nayagarh, finds lots of problems coming in the way of the Act's implementation. The two dates were declared by the state government to constitute the Forest Rights Committee (FRC) but were not constituted properly as per the procedure. He says, "We are looking carefully to form gram sabha. People are unaware about the Forest Act and Rules."

Sarat Tading from Koraput stated the FRC being constituted. There are two types of forms like individual/family and at community level. In 30 villages, they have distributed the forms and caste certificates are necessary to fill those up whereas most of the Adivasis do not have caste certificates.

Sunam Hontal spoke about his experiences at the local level. He met with the officials to get the caste certificates to be used for the Forest Act.

Prof Radhamohan, former commissioner of state, Right To Information (RTI) Act suggested to meet with SC and ST department secretary and explain them on the basis of this Act and pressurise to get the caste certificates; likewise to meet with revenue secretary, chief secretary and in case of need even approach the Supreme Court to suggest them the extension of time. There are irregularities in the formation of FRC, SDLC and DLC. There is one RI for seven GPs.

Eminent writer Bibhuti Patnaik said that these things should reach to the people at grass-root level. He also stated that the Adivasis are not cultivators; they are the children of the forest. They are traditionally coping with the forest since their birth.

Here, the government means forest officials. Adivasi products like turmeric, drumstick, broomstick, honey etc are purchased by others and they become rich but do not know what their rights are. Training is necessary for them. He has suggested the movement will be built with all the people's organisations and cooperation.

Posted by collective at September 02, 2008 02:21 PM

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