Forest Rights Act a bane or boon?

S. HARPAL SINGH, The Hindu | April 27, 2013

An estimated two lakh hectares of reserve forests illegally denuded between 2008 and 2011

• FRA intended to provide relief to tribal people by recognising their rights on lands tilled by them
• ‘57,000 individual and community claims received for recognition of rights over two lakh hectares’

Disappearing forests:A stretch of agriculture fields which
were once part of the dense Mangi forests in Sirpur (U)
mandal of Adilabad district.
-  PHOTO: S. HARPAL SINGH

With hardly any greenery to camouflage the loss, the dry summer months have exposed a massive scale of destruction of forests in the backward tribal district of Adilabad in Andhra Pradesh. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, (FRA) has emerged as a major factor having generated, paradoxically, decimation of forests on an unprecedented scale.

While the Union government intended to provide relief to tribal people by way of recognising rights on lands being tilled by them in the reserve forests through the FRA, a wrong message got percolated to grass roots level. In the absence of proper awareness on its provisions, people began clearing new wooded areas to convert them into agriculture fields with the hope that the government will eventually ‘regularise’ them.

It has confirmed the fears of conservationists and pristine forests began dwindling at an alarming rate reducing the 43 per cent forest cover in Adilabad to below 20 per cent of its 16,000 sq km of area.

Trees in an estimated two lakh hectares of reserve forest were illegally felled between 2008 and 2011 putting Adilabad among the districts where worst kind of tree felling has taken place.

That the scale of deforestation is mind-boggling and can be seen from the numerous roads that criss-cross the terrain. For example, clearings as deep as 500 metres which can be seen on either side of the 35-km long Nirmal bypass of the NH 7, provide an inkling into the severity of the problem.

“We were simply unable to stop the large scale decimation of forests just because we were outnumbered by raiding villagers. In hindsight, I think the FRA ought to have been delayed until an implementation mechanism was put in place,” observes a Forest officer who recalls his stint here when the FRA got implemented.

As many as 57,000 individual and community claims for recognition of rights were received covering an extent of over two lakh hectares of land being tilled or in use of tribal farmers at that point of time.

“We continue to receive fresh claims but, we are not entertaining those in the absence of guidelines for second phase implementation of the FRA,” says the Project Officer of Integrated Tribal Development Agency (ITDA), Utnoor, the agency which settles the claims.

Source: http://www.thehindu.com/todays-paper/tp-national/tp-andhrapradesh/forest-rights-act-a-bane-or-boon/article4659253.ece

Tribal villagers take away arrested poachers

Baripada: Armed with bows and arrows, tribal villagers forcibly took away two arrested poachers along with guns from forest patrolling team in Odisha’s Mayurbhanj district, oficial sources said today.

The incident occured at Bahalada under Dukura forest range, about 30 kms from here in Similipal sanctuary area last evening when a large number of tribals confronted the forest patrol party.

Forest patrol party had arrested two poachers and seized two guns from them at Bahalada on the foothills of Similipal but later local tribals including women gheroed the forest staff and took away poachers along with guns, Anup Kumar Nayak Field Director Similipal Tiger Reserve said.

A protection assistant was injured in arrow attack by tribals and admitted to district headquarters hospital here, Nayak said adding DFO, Baripada Bijay Kumar Panda rushed to the spot with his force.

(Agency Inputs)

Source: http://www.odishareporter.in/city/baripada/tribal-villagers-take-away-arrested-poachers

Violation of law in land allotted to tribals, claims study on Forest Rights Act

MEENA MENON

• There is a trend of putting barren forest land to agriculture between 2005 and 2008
• People cleared forest cover and started cultivation after FRs have been recognised

Sloppy implementation of the Forest Rights Act (FRA) has resulted in large tracts of forests being cut down and claimed as cultivated land in Maharashtra, according to a study. Data shows that in Jalgaon district alone, more than 79 per cent claims over cultivated forest land were apparently on ineligible lands and about 25 per cent had forest cover. In Thane, adjacent to Mumbai with a high land value, about 12 per cent of the land allotted to tribal people was ineligible according to the eligibility criteria under FRA.

Maharashtra government had, a few years ago, relaxed the measurement for land claimed by tribal people and this has caused discrepancies in settling claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA). A study done by a private company in 2012, at the behest of the State Forest Department, used a database from the Tribal Research and Training Institute (TRTI), Pune, and the National Remote Sensing Centre (NRSC), Hyderabad. Satellite maps and GPS data were collated to examine changes after 2005 in tree cover, vegetation and land-use in forest land under forest rights (FR) claims and those which have recognized rights of cultivation.

TRTI has the data of 1,89,400 forest plots under Forest Rights (FR) claims, which are measured using GPS and uploaded on its website. Each land under claim has a unique 13 digit code comprising alpha numerical identification for district, tehsil, village and initials of the claimant. Of the 3, 44,330 claims received in Maharashtra, 2, 34,242 claims were rejected, according to latest data from the Union Ministry of Tribal Affairs website. Only 1, 05,930 claims have been approved, of which 99,368 titles were distributed for about 2, 50,000 hectares . Activists and tribal people have been contesting the delay in allotting rights and the high rejection of claims.

However, Thane district, with one of the highest number of claims in the State, did not provide details of the 13 digit-code for all claimants, and in fact, cleared cases without GPS measurement, the study says. The government blames the high rate of false claimants for the rejections. Gadchiroli, Chandrapur, Nasik, Raigad, Gondia and Bhandara districts also provided little data. Overall, data only for 40,428 approved cases was made available for the study from 19 districts covering 1705 villages.

In 2,433 cases, out of a total of 36,640 cases analysed, there was a road/ river/nallah within the plot. The highest number of such cases is in Dhule and Nandurbar districts. As seen on 2005-06 satellite images, about 15 per cent approved cases are on lands having forest or no agriculture.

Data using Cartosat-1 satellite images of 2005-06 and 2007-08, shows that in 789 cases out of 35, 044 approved FR cases, land-use changed between the years 2005-06 to 2007-08. Large numbers of such cases with land-use change are in Jalgaon, Nandurbar, and Dhule. Out of 539 FR cases from Jalgaon district, 321 cases are from three villages of Chopda Taluka — Umarti (118), Satrasen (113) and Melane (90).

The data reveals that there was a huge trend of putting barren forest land to agriculture between 2005 and 2008 to stake claims. About 37 per cent of barren area was converted into agriculture and 33 per cent was converted from forest cover to agriculture. Jalgaon has the highest area so far of forested areas and barren forest land converted to agriculture. An analysis of 5,373 FR cases on satellite images of 2007-08 shows that in these 789 approved FR cases, land-use change occurred after 2005. The study says this implies that people first claimed rights of cultivation, irrespective of the fact whether it was under cultivation on December 13, 2005 (as mandated by FRA) or not and later that forest land was cleared for cultivation. Though the percentage of land-use change detected is less than one per cent in terms of total area, about 641 hectares forest land appears to have been converted from barren land to agriculture and about 580 hectares of forests to agriculture.

In a separate set of data, since satellite images of 2011-12 were available for six districts, only 26,807 finalized FR cases were analyzed, covering 45,034 hectares in Jalgaon, Dhule, Nandurbar, Nashik, Thane, and Gadchiroli districts. It was found that 39,996 (89 per cent) hectares is under cultivation within the approved plots in 2011-12 which is a four per cent increase from 2007-08, Forest/tree cover and barren land has reduced from 910 to 433 hectares and 5476 to 4605 hectares respectively between 2007-08 and 2011-12. This means that people have cleared forest cover and started cultivation after FRs have been recognized on these lands, the study points out.

In these six districts, at least 5037.88 hectares of ineligible forest land on which Forest Rights have been recognized is still not converted into cultivation as per 2011-12 satellite images.

In FR cases’ analysis on Cartosat-1 satellite images of 2007-08 and 2011-12, it has been observed that in 827 cases out of 26, 807 finally recognized FR cases, land-use changed between 2007-08 to 2011-12.

The percentage of land-use changes in finally recognised FR cases shows an increase in 2011-12 (3.1 per cent) compared to 2007-08 (2.3 per cent). In an analysis of claims applied for but not recognised, it increased from 12.4 per cent to 18.3 per cent.

Land use changes violate the Forest Conservation Act, 1980 and data from all districts needs to be revisited for verification of claims and ensuring forests are not cut down, said a forest official.

Source: http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/violation-of-law-in-land-allotted-to-tribals-claims-study-on-forest-rights-act/article4549144.ece

Predators of wildlife get bolder

Prerna Singh Bindra

We all want the Indian economy to roar, but that roar will die out if its foundations are weak. Growth needs to be inclusive, and ecologically sustainable. These concerns should not be mere words but reflect in official policy and action therein

The times are not good for our wildlife. There are the obvious threats — the one that stirs emotions and inspires outrage. The humongous tragedy of elephants and other animals, slaughtered by the day by trains speeding through forests, is one such. There has been a rise in tiger poaching (we lost three in a row to poisoning in Orang, Assam). Other ‘hotspots’ where tiger deaths have peaked include Nagarahole, Bandhavgarh and the Rajaji-Corbett landscape. Two Great Indian Bustards were shot by poachers in broad daylight in their ‘best protected’ habitat. Leopards are being battered across their range. And pangolins, a species few people are even aware of, are in the news for massacre for their scales, used in traditional Chinese medicine.

There have been other assaults, the importance of which seems to have escaped public conscience, much less  have inspired an outcry, but whose long-term impacts are far graver as they weaken the policy framework that protects our wilds, pulling away, as it were, the forest ‘carpet’, beneath the tiger’s feet.

Many may recall the National Investment Board proposed by Union Minister for Finance P Chidambaram, envisaged to ensure that big projects — with investments exceeding Rs1,000 crore — sail through, dismantling our regulatory systems for green clearances. There was much opposition to its ‘superpowers’, which would brush aside environmental and social concerns, and even democratic tenets, in the quest for growth. This included a feisty letter to the Prime Minister by Union Minster for Environment & Forests Jayanthi Natarajan, who questioned the board’s hasty formation and purpose. She expressed grave concerns about its constitutional breach, the consequences to governance, responsibility to the legislature, and questioned the domain knowledge of such a board, as matters related to environment and forest require nuanced decision-making which has far reaching consequences.

Ms Natarajan had pointed out that the Cabinet note on the NIB gave industrialists the right to appeal against decisions of her Ministry, but that it “does not contemplate that ordinary citizens, NGOs may be aggrieved and should also have right of appeal”. She called this concept “unacceptable”. The NIB was given a quiet burial. But what we have instead is its equally dangerous, renamed, re-packaged avatar, the Cabinet Committee on Investments, which appears to have sailed through with little opposition or concern, even from the Ministries most impacted: Environment & Forests and Tribal Affairs.

A new Standing Committee, constituted under the CCI, is empowered to identify projects with investments of over Rs1,000 crore and other significant projects, to check and limit the regulatory process involved and ensure speedy approvals. The order, dated January 2, states that the CCI will have the power not only to prescribe time limits for approvals and monitor the progress of identified projects through the clearance process, but  also review the process followed by departments/Ministries; and take decisions regarding clearance of a specific project, if deemed necessary.

If one reads this correctly, the CCI will review the current system of green regulatory process and have the powers to overrule the Environment Ministry if it refuses any project on the basis of environment, forest or wildlife concerns. It even allows for the CCI to take decisions regarding any clearance, if it is ‘unduly delayed’. This, when over 95 per cent of the proposed projects romp through the green ministry.

There is also an ongoing effort to reduce the projects that need to come to the Centre for clearance. A committee has been set up under Planning Commission member K Kasturirangan to review the kind of projects that can be dealt with at the State levels, and hence dispense with the need for approval by the Union Ministry. It is reported that the PMO and several states have been pushing for such a ‘reform’ in a bid to make the clearance process simpler for the industry and infrastructure projects. It’s easier, apparently, to get the nod at the State level. Given that most projects get the nod at (For every three projects rejected by the Environment Ministry’s statutory bodies, 97 are cleared, according to a recent article in Tehelka) at the centre too, one shudders to think of the implications for this one.

Under pressure from the National Highways Authority of India, the Environment Ministry has also taken a call, and, reportedly, filed an application in the Supreme Court to modify its order of 2011 (that was upheld and endorsed by the apex Court in the Lafarge case) which required projects involving forest land to have forest clearance before they applied for environment clearance.

The Ministry now wants to delink these two clearances. The problem with easing this clause is that project developers will present a fait accompli to the Ministry, citing huge investments made on the basis of environment clearance in those parts of the road (or any other linear project which may tear into prime wild habitats) which are on non-forest land. Essentially, we might have a highway that is built, with considerable expenditure, on both sides of a pristine forest or even a sanctuary, before the project is presented for forest clearance at the Ministry’s door. The developer then argues that immense investment has already been made and that a forest clearance cannot be inhibiting a project at such an advanced stage. There are no prizes for guessing which way the wind will blow.

What is the message that India is sending? That social, environment and forest concerns are a nuisance, an impediment? That a country which prides itself as a pioneer in conservation leadership is now backtracking on its commitment? That it is not just overlooking vital ecological concerns of far-reaching consequences, but even the basic tenets of democracy to ease the way for big investment?

How can we overlook the huge social unrest and the pain of the displaced in our haste for our growth dream? Nor can we commit to saving our wildlife, then push for policies that weaken the regulatory framework that protects their habitat. Tigers, elephants, bustards, cranes, dugongs, dolphins, snow leopards will not survive if we decimate, degrade, destroy the forests, grasslands, wetlands, rivers, mountains and seas — that also sustain us.

We all want the Indian economy to roar, but that roar will fade if its foundations are weak. Growth, especially for a democracy like ours, needs to be inclusive, and ecologically sustainable. These concerns should not be mere words but reflect in policy and deed.

(The columnist is senior consultant, WCS India, and founder-director of 'Bagh'. She is also a member of the National Board for Wildlife)

Source: http://www.dailypioneer.com/columnists/item/53592-predators-of-wildlife-get-bolder.html

Kovai Coutrallam to remain closed from today

The Forest Department has announced that Kovai Coutrallam waterfalls will remain out of bounds for tourists for a week or 10 days from March 6, in view of the road-laying works.

According to the forest department sources, the Engineering Wing of the Forest Department is laying road from the tribal hamlet after the check post till the parking lot, a little ahead of the waterfalls. In order to facilitate easy and smooth completion of the works, tourists will not be permitted for a week or 10 days.

Source: http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/kovai-coutrallam-to-remain-closed-from-today/article4480562.ece

Tribespeople not trespassers: court

Court quashes criminal cases registered against them

• Cases registered against them under provisions of Kerala Forest Act
• ‘Conviction and sentence should be set aside in the interests of justice’

The Kerala High Court has ruled that tribespeople who eke out a living by collecting forest produce cannot be termed “trespassers” upon reserve forests, especially when they do not commit any serious damage to the trees in the forests.

Justice B. Kemal Pasha made the observation while quashing criminal cases registered against some tribespeople living in Kuttampuzha, near Thodupuzha, for trespassing upon the reserve forest and clearing reeds.

The judge said ever since the enactment of the Forest Dwellers Act, tribespeople residing in forests and eking out a living by collecting forest produce could not be described as trespassers on the forest, especially when they did not commit any serious damage to any trees in the forest.

The court observed that when a beneficial legislation was enacted, such benefits could be extended to these tribespeople people in the interests of justice.

The cases were registered against the tribespeople under the provisions of the Kerala Forest Act on the basis of a complaint by the Kuttampuzha Forest Range Officer. The Range Officer alleged that they had trespassed upon the reserve forest, clearing reeds and undergrowth and tried to take possession of the forest land.

The Thodupuzha Sessions Court found the petitioners guilty of the offences and sentenced them to two years simple imprisonment. Counsel for the petitioners pointed out that there was no allegation that they had committed any other offences. As per the new enactment, the stringent provision had been watered down as far as the tribespeople were concerned.

The court said considering the benefits given to the tribals under the Act, the conviction and sentence should be set aside in the interests of justice.

The government submitted that the tribals had no authority to collect reeds or trespass into the reserve forest. It was a fact that the forest dwellers and their ancestors had been occupying the reserve forest.

Source: http://www.thehindu.com/todays-paper/tp-national/tp-kerala/tribespeople-not-trespassers-court/article4464709.ece

Tribal families reoccupy forestland in Wayanad

E.M. MANOJ

Seek compensation for land given up by them

Sixteen families, including 12 tribal families, which left the Kottamkara hamlet in June, a settlement inside the Wayanad Wildlife Sanctuary (WWS), reoccupied the place on Saturday under the aegis of the Wayanad Wildlife Sanctuary Rehabilitation Action Council.

(The council had been seeking compensation for the land abandoned by the tribespeople).

The flaws in implementing the voluntary relocation project of the government left the tribespeople with no choice but to reoccupy the land, council convener S. Shobhankumar said.

Under the project, 40 families had been relocated on June 24. Only 24 of the families got the promised compensation of Rs.10 lakh each, he said.

When the project was announced on April 9, Chief Minister Oommen Chandy had assured the tribespeople that they would get compensation as per the guidelines of the Integrated Development of Wildlife Habitat Scheme in three months. But the Chief Minister could not keep his word, Mr. Shobhankumar said.

The guidelines said male children over 18 years of age; unmarried female children above the age of 18; physically and mentally challenged persons irrespective of their age and sex; minor orphans; and widows or women divorcees would be treated as ‘separate families.’

A survey conducted by the Kerala Forest Research Institute, Peechi, a few years ago had identified 96 eligible families in the hamlet. But many families were excluded from the final list prepared by the Forest Department, Krishnan Kottamkara, 57, a tribal farmer of the hamlet said.

Krishanan Kottamkara was born and brought up in the hamlet and he had 520 acres of leased land there.

The authorities failed to include him on the final list as he was hospitalised following cardiac arrest. Many others who were not present at the hamlet during an inspection by the authorities had also been excluded, Mr. Shobhankumar said.

There were six ‘eligible families’ in his house according to the KFRI list, he added. “When the forest officials prepared the final list, I was undergoing eye surgery in a Coimbatore hospital,” Elias, another resident of the hamlet, said.

He was later included on the list after he could convince the officials about the issue but, was yet to get any compensation, he added.

They had left the hamlet in June expecting that they would get the compensation soon, Mariyil Kuriakose, who had been living outside the forest since, said.

“Hence, we decided to live in our land till we get compensation,” he added. As many as 12 tribesmen had got possession certificates for their land under the Forest Rights Act in 2010.

Source: http://www.thehindu.com/todays-paper/tp-national/tribal-families-reoccupy-forestland-in-wayanad/article4278845.ece

Looks like mistrust, greed, lies & unfulfilled promises has lead to this situation. There are many who encourage them to occupy forest land.
- Mac Mohan