Forest Rights Act-A Hope of Livelihood Security of Forest Dwellers, Biodiversity Conservation & Environment Justice in India
??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
Bureau,Odishabarta
Bhubaneswar-07/11/2022: Today Campaign for Survival and Dignity (CSD), Odisha and Gram Sabhas Collectives from 13 Tribal dominated districts of Odisha organised the State Level Press Meet at Red Cross Bhawan, Bhubaneswar. On the eve of hearing of the case against FRA in the Supreme Court by the retried Forest Officers and Wildlife Groups on 10th November 2022 CSD wanted sensitise the media and public to counter the notion of arguments and apprehensions posed against FRA that “FRA is not Constitutionally valid and anti-environment law to destroy forests” by the petitioners opposing the law by sharing the ground story of change/success, major potentials and the challenges faced, since the beginning of implementation of FRA. To challenge such notion with practical examples, evidences and success stories, the impacts and potentials of FRA in bringing significant changes in the livelihood and food security by protecting, conserving and managing the forests biodiversity for sustainable use and address environment & climate concerns. The Tribal representatives of 13 districts addressed to the media on the following key point:
CSD is of the firm experience and view that FRA has great and multiple potentials in bringing very significant change in ensuring the quality of life, livelihood and food security of the forest dwellers.
The recognition of forest rights has ensured the‘spirit of assurance’ of tenure security and feeling of ownership of the forest dwellers’ rights over forest land and house-site and ensured their livelihood and food security, as envisaged in the preamble of the Act, hence rightly complementing the basic objectives of our Constitution to addressing tribal issues and environment conservation.
The successful effort of Government of Odisha in providing convergence support under various schemes to IFR title holders is praiseworthy, which brought very positive change in the livelihood and food security of forest dwellers through land development, improved agriculture, horticulture, vegetable cultivation, plantations of cash crops like cashew, MGNREGA, farm pond, etc. ensuring adequate housing to large number of homesteadless, vulnerable forest dwellers families including single women title holders by ensuring right to proper housing and shelter. The IFR title holders are also getting crop insurance and credit for more investment in agriculture, sell their paddy in Mandi and getting Scheduled Tribes Certificate for education of their children using the title.
During Covid19 pandemic period, the support provided to women title holders under Mo Upakari Bagicha (My beneficial garden) scheme for nutrition garden with vegetable cultivation in backyard have received very successful response and resulted in meeting the challenge of food and nutrition scarcity and supported good income to the forest dwellers families in Rayagada, Malkanagiri, Gajapati, Balangir, Baragarh, Koraput, Kalahandi, Sundargarh, Kandhamal, Mayurbhanj and other districts of Odisha.
TheFRA brought a historic reform in forest and biodiversity conservation at the same time ensuring livelihood and food security of forest dwellers. The Gram Sabhas in Odisha have taken successful initiatives on protection, conservation or regeneration and management of their community forest resources is noteworthy in increasing forests cover and biodiversity, wildlife, improved water bodies, checking soil erosion, carried out forest regeneration (plantation) work, protecting forest fires, regulating forest use, collection and harvesting of MFP, cultural and heritage sites including worship places, ritual and scared sites which are of great conservation values to maintaining ecological balance. The Gram Sabhas in Kandhamal, Kalahandi, Rayagada, Nayagarh, Ganjam, Malkanagiri, Balangir, Baragarh, Nuapada and Sundargarh among others have set the examples by initiating the process of CFR Management and Conservation and have made impact gradually regaining the lost biodiversity, forest, wild animals, birds and water bodies besides increasing natural forest foods and minor forest produces. Several villagers experience complete check in soil erosion and damage of crops in the down hills.
Thus, FRA brought a revolutionary reform, which started achieving the stated objectives of the Act in the Preambleon “conservation of biodiversity and maintenanceof ecological balance by strengthening the conservation regime of the forests while ensuring livelihood and food security of the forest dwellings STs and OTFDs” by taking the responsibility and authority for sustainable use of forest resources.
Massive Rejection of IFR Claims on Frivolous Grounds with violation of due procedures of law, bypassing the authority and functions of Gram Sabhas hence ceasing the scope of the claimant’s right to appeal. In Odisha as on 31/08/2022 the total number of rejection of IFR claims at DLC level is 140347 of which the rejection of claims of ST claimants is 70948 and OTFDs claimants is 69399[1]. Such a massive rejection of IFR claims were prepared without any intimation to the claimants or Gram Sabhas prescribed under Rule 12A (sub-rule 6,7,10) of Amended Rules 2012. Years after claimsubmission no communications were sent to the claimants or the Gram Sabhas regarding the status or decisions taken on the claims. Even after the issue of IFR titles, no communications are sent to the claimants or Gram Sabhas from SDLC or DLC.
The violation of the procedures in processing of the claims is common in all the districts. After the order of Hon’ble Supreme Court on 28-02-2019 under WP (C) no.109-2008 directed to the Chief Secretaries of the States for compliance and submit the affidavits on “the details of procedures followed for settlement of claims, which authority issued the reasoned orders of rejection of claims?, main grounds of rejection and also state that whether Tribals were given opportunities to adduce the evidence”. However, to comply the order the State Government, particularly the administration at Sub-Division (SDLC) and District (DLC) level have further violated the due procedures.Instead of sending the pending or incomplete or rejected claims report/notice to the claimants and Gram Sabhas, in the first place,they have directly and hurriedly adopted Camp Court method and conducted the public hearings bypassing the authority and functions of Gram Sabha to take free, fair and conflict neutral decisions.
The notice sent to the claimants attending Camp Court was arbitrary, illegal and casual approach in which cause (the so-cause) of rejection mentioned were misleading and many factual or technical flaws are reported. For instance, in Ganjam District the number of 11 IFR claims of Janibil and Sorodapalli village of Beguniapada Block has been rejected with reason provided for rejection of one claim is because of submission of double claims and 10 claims rejected because of not possession of forest land. It is to the utter surprise that the entire villages are located within the Reserve Forest, hence the entire lands within RF is legally forest category.Hence, the rejectionof claims are illegal and arbitrary, without application of mind.
Similarly, 22 IFR Titles of Mashanisahi and Bedhakhala village, Buguda Block and Tossingi village of Polasara Block have been rejected years after the issue of IFR titles by DLC, is absolutely illegal and complete misuse of the order of Hon’ble Supreme Court. The 8 claims of ST of Badapali Gram Panchayat of Khalikote Block have beenrejected wrongly and arbitrarily showing them as OTFD and lack of 75 years of (documentary) evidence to prove occupation of forestland.
Outright Rejection of Other Traditional Forest Dwellers (OTFD) Claims with Constant Ignorance-Large number of OTFDs families inOdisha who are critically dependent upon forestland for habitation and cultivation for generations are deniedtheir rights. The implementing authorities have taken fully biased approach towards OTFDs, the reasons best known to them, even though Parliament itself, when enacting this law, has vested its complete faith in them, and given OTFDs the same rights and powers as forest dwelling STs under FRA.The processing of their claims constantly ignored since beginning. Many of their claims casually put under rejection by the officials at SDLC and DLC levelsdue to lack of clarity and improper understanding on the eligibility and types of evidence required for OTFD. Proof of residence in the forests for 75 years where claim has been filed and current dependence on forest land will suffice for eligibility as OTFD. Massively rejection of their claims due to wrong reasons asking to provide documentary evidence and proof of 75 years of continuous possession over the claimed forestland, which is against Rule 12A (10) of Amendment Rules 2012 clarifications by MoTA in FAQ. Even, the incomplete or rejectedclaims are not send to the claimants or Gram Sabhas as per procedures.
Among the tribal leaderships shared their experience and issues before the media were Biranchi Bariha, Baragarh, Bishnu Purti, Mayurbhanj, Braja Champia, Jajpur Rupadhar Bishoi, Bolnagir, Jasiya Raita, Gajapati, Chhotray Munda, Keonjhar, Tankadhar Pradhani, Bijay Kr Swain, Ganjam, Gautma Patra,
[1] https://stsc.odisha.gov.in/sites/default/files/2022-09/FRA_MoTA_MPR_Aug_2022.pdf
