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Encroachers on their own lands (Rights of Adivasis)
Read more on - Polity | Economy | Schemes | S&T | Environment
- Lakhs of Adivasi lives at stake : In Chhattisgarh, the FRA (Forest Rights Act) 2006 allows 74 lakh tribals other TFDs the right to claim their lands. But half of such claims have been rejected. Those lands are gone, too.
- Life of a Gond tribal : Many tribal families that foraged pieces of forest land for many generations, looking for flowers from mahua trees and wood from sal trees, have now been dispossessed from those lands. In many such villages, rice farming and forest produce collection is a way of life.
- Moderately dense : In the northern half of Bastar, the deciduous forests are classified as 'moderately dense'. Collecting forest produce (berries, wood, salphi tree liquid) and sharing it commercially with townsfolk is a way of life. Not any more.
- Railway lines : In 2016, large scale construction of railway lines began in these tribal forest regions. In 2018, a part of that line was inaugurated by the PM. The 235 km long railway track will connect Rowghat mines (iron ore reserves enough for a century) to mainland. The Bhilai Steel Plant's reliance on Dallirajhara mines (low reserves) will reduce.
- Recent progress : For decades, Naxalism hindered any progress on this railway line. Now, quick progress has been made by cutting down hundreds of trees (sal, saja, fruit trees) and standing crop fields. Tribals lost many acres of traditionally used lands. CAPF was posted to guard the railway tracks being built, and tribals are not allowed near it.
- FRA, 2006 : The ST and OTFD (Recognition of Forest Rights), Act, 2006 gives title deeds (pattas) to tribals that is a certificate of land ownership. Any such land that is acquired ensures the owner (tribal) gets compensation from the govt.
- As per FRA, forest dwellers have individual rights, and villagers have community rights over lands that they can manage in their own ways
- Gram Sabhas have to approve any transfer of lands for non-forest purposes. But forest lands are not always legally transferred to the Gram Sabhas, and even individuals.
- The 13 Feb 2019 SC verdict : A big blow to tribal rights, this verdict by Supreme Court ordered all Adivasis whose FRA claims were rejected to be evicted soon. The original petition demanded that those without proof of being forest-dwellers be declared encroachers and removed (to protect the environment). The order was stayed temporarily by the SC.
- Story of CG : 45% of its area is forested, and it has rich mineral deposits of coal, iron ore, bauxite and limestone too. The British "owned" all forest land once, and post 1947, the forest bureaucracy ruled it! But after the FRA, all that began to change.
- Since FRA came into force : From 31-12-2007, nearly 42 lakh title claims over 1.4 crore acres of forest land across India have been made. Only 18 lakh are accorded, with most in CG. Here, of the 8.9 lakh claims made, less than half were granted.
- CG - a case study : CG has rich resources that corporations want, but also a large tribal population that needs to be protected. But few know the provisions of the FRA. 32% of CG's population is of Adivasis and TFDs, that lives across 11,500 villages. Of these, only 5% SC-STs have claimed any individual rights. In CG, it is a big issue in Bastar, Kanker, Raigarh and Sarguja.
- Complex process of staking a claim :
- Adivasis can claim individual right if they can prove they were residents before 13-12-2005.
- A 3-layer system vets the claim – Gram Sabha, sub-divisional level committee (SDLC) and a district-level committee (DLC) headed by the DM.
- Claims need to come with govt. ID cards, elders' statements, physical evidence of possession of land.
- No rejection can be done without a personal hearing, and written reason for rejection are a must.
- Rejections are happening at Gram Sabha levels, and a lot of misuse of power from higher levels is visible.
- Misuse of other laws : Govt officials try using other laws like Land Acquisition Act or Panchayat Act to capture forest lands, even when the issue of forest rights is not settled via the FRA, 2006. That is wrong.
- 841 hectares gone : In March 2019, the MoEFCC gave away 841 ha of pristine forest land in Hasdeo Arand forests of CG, for coal mining by a unit of Adani Enterprises. That is charging up the Adivasis now, who do not want it to happen.
- Impact on elections : A direct impact was seen in the 2018 assembly elections, as INC promised proper implementation of FRA. The direct spillover of this will likely impact the LS elections too. In fact, 25% of India's 543 constituencies will be affected by FRA issues.
- Summary : The implementation of FRA Act 2006 has become a big poll issue across nearly 25% of the 543 constituencies of India, as Adivasis rise to claim what's rightfully theirs.
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