Impact on Forests : Reverting Historical Injustice Background For - - PowerPoint PPT Presentation

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

• r grant even if they do not have possession
• f 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

• f 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
• fficials 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

as Masters and Owners

• The given them

responsibility for taking care of the forests

• For many years tribals

encroaching forest lands were considered robers, intruders and encroachers

• Tribals were never trusted

and they were kept away from the forests

CONTEXT

• Forest Land and Competing Uses
• Forest Land – Dependence of
• ver 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 Floods Soil erosion Droughts

Productive Functions

• Forest Provide various products like, gum resins, medicines,

Katha, honey, pulp, bamboo, timber, and fruits

Biodiversity Hotspots

16 June 2010 Biodiversity.ppt 23

• Biodiversity “hotspots”

– Protection of habitat

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)

• 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?

Choices and the Challenges on Forest Land

Tribes and Forest

Impact of mining on river

Peoples perception Now a days

% of post on facebook

Tiger, big cats Elephants Rhino

• thers
• Government funding

also depends upon your perception.

• Government has to

make policy to satisfy them

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 Km2

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

Resource Material