Skip to main content

Forest rights Act "promotes" privatisation of land, would "undermine" tribal rights, "help" capitalist clique

By Rajiv Shah 
The forest rights Act (FRA), enacted in 2006, may be a major campaign tool of "pro-tribal" NGOs and political parties, as it seeks to provide land title to adivasis. But three well-known scholars – Felix Padel, Ajay Dandekar and Jeemol Unni – in a recent book have triggered Hornet’s nest by declaring that it spells "death" for the idea that forests are a community resource whose ownership should remain with tribals. The book, “Economy Ecology: Quest for a Socially Informed Connection”, published by Orient BlackSwan, claims to be a critique of “adverse effects of resource utilization – water, metals, power, land – on adivasi communities.”
Warning that the FRA has opened up Pandora's box for “privatization of forests”, the book says, while the FRA claims to “correct a historical injustice by giving forest dwellers full rights to their land”, in actual practice it “threatens to effect a fast privatization of the forest, spelling death for the symbiosis which maintains the forest as a community resource shared with wildlife.” The authors believe that the FRA will “hasten an undoing of traditional social structure, transforming social relations into the mould of capitalist competition promoted by the mainstream.”
While Padel is professor at the School of Rural Management, Indian Institute of Management, Dandekar is professor at the School of Social Sciences, Central University of Gujarat, on lien from Institute of Rural Management, Anand (IRMA), and Unni is director and professor of economics, IRMA. What acquires particular significance to their comment on FRA is, they are closely associated with NGOs working in Gujarat, where the process of handing over land titles had become a major issue in the tribal areas.
In fact, the authors raise a pointed question: “Once thousands of families have established individual entitlement to pieces of forest land, will they preserve forest, or will they hasten a widespread clearance of forests?” They add, “Profound dangers in the FRA are perceived by many who wish to see forests as well as adivasis flourish, and understand the Act’s implications for communities and wildlife at the ground level. In Savyasachi’s view, this Act ‘turns forests into a service provider for capitalism’.”
Quoting yet another scholar, Madhu Ramnath, the authors say, the Act encourages tribal groups to “clear forests wherever they move.” On the other hand, it bans traditional tribal activities such as hunting and fishing. “Both hunting and fishing by traditional methods of bow and arrows or muzzle-loader and fish nets or plant poisons do not basically damage the ecosystem. Continuing the ban on hunting illegalizes a custom at the core of tribal identity and territory, and thereby in a sense promotes illegal hunting, carried out with anger at the injustice.”.
The authors also warn, “The Act empowers gram sabhas in a context where Panchayati Raj is often in effect Sarpanch Raj: the same top-down model prevalent throughout capitalist democracy, where elections depend heavily on funding, and elected representatives frequently make deals with vested interests outside the village, and build top-down clique within it.” They see the FRA only completing the “process of land privatization that started with the ‘Permanent Settlement’ in 1790s – a process begun, as in FRA, with the avowed aim of giving permanent status to people’s customary land rights!”
In fact, the authors believe, this privatization of tribal land may lead to a situation where the process of such activities, like hotel complexes coming up in huge areas near Sarika, Ranthambhore and other sanctuaries, would only accelerate, and illegal encroachment upon common habitat of the tribals and the wildlife would become a reality.
Even then, the authors say, NGOs have used FRA as a “symbol of affirming people’s basic rights – rights they have been denied since colonial times.” And, this is happening at a time when conservationists and social/ political activists confront each other – while the conservationists want tribals out of forests, the social/ political activists want them to give tribal land. “Both confront basically  the same nexus of vested interests”, the authors allege, adding, only “their style differs.” Both seek to dispossess the tribals of their community rights over forests.

Comments

Felix Padel said…
I must point out a bad misquote at the end of this review of our book. On p.177 "both [conservationists & social/political activists] confront basically the same nexus of vested interests [i.e. the corporations & Forest Dept]" is misquoted as "both serve the same nexus" - the opposite meaning!
Rajiv Shah said…
Mr Padel's concern has been addressed. The quote has been corrected.
Felix Padel said…
Thanks for correction, & appreciate review. Yet distortion is still there in final words: dispossession is exactly what activists are fighting, and the main message here in the book is that activists & conservationists need to work together against the nexus that is dispossessing Adivasis & destroying Forest
Jag Jivan said…
Felix Padel's comment amuses me. He says that conservationists and social activists must work together to fight against the "nexus." It means that they are indirectly serving this nexus by not working together and favouring the nexus! Havent read the book, but this appears to be the conclusion he appears to drawing, but is afraid of saying in so in so many words!!!
manisha said…
Misinformed view by the authors OF what FRA purports to do and its legal provisions

TRENDING

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra*   It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Women's rights leaders told to negotiate with Muslimness, as India's donor agencies shun the word Muslim

By A Representative Former vice-president Hamid Ansari has sharply criticized donor agencies engaged in nongovernmental development work, saying that they seek to "help out" marginalizes communities with their funds, but shy away from naming Muslims as the target group, something, he insisted, needs to change. Speaking at a book release function in Delhi, he said, since large sections of Muslims are poor, they need political as also social outreach.

Sardar Patel was on Nathuram Godse's hit list: Noted Marathi writer Sadanand More

Sadanand More (right) By  A  Representative In a surprise revelation, well-known Gujarati journalist Hari Desai has claimed that Nathuram Godse did not just kill Mahatma Gandhi, but also intended to kill Sardar Vallabhbhai Patel. Citing a voluminous book authored by Sadanand More, “Lokmanya to Mahatma”, Volume II, translated from Marathi into English last year, Desai says, nowadays, there is a lot of talk about conspiracy to kill Gandhi, Netaji Subhas Chandra Bose, and Shyama Prasad Mukherjee, but little is known about how the Sardar was also targeted.

Weaponizing faith? 'I Love Muhammad' and the politics of manufactured riots

By Syed Ali Mujtaba*   A disturbing new pattern of communal violence has emerged in several north Indian cities: attacks on Muslims during the “I Love Muhammad” processions held to mark Milad-un-Nabi, the birthday of Prophet Muhammad. This adds to the grim catalogue of Modi-era violence against Muslims, alongside cow vigilantism, so-called “love jihad” campaigns, attacks for not chanting “Jai Shri Ram,” and assaults during religious festivals.