Skip to main content

Rampant? Illegal distribution of land titles of India's forest areas to 'ineligible' claimants

Counterview Desk
In a representation to Prime Minister Narendra Modi, as many as 63 former Indian Forest Service (IFS) officers, referring to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 -- or Forest Rights Act (FRA) -- have regretted that Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) are facing gross injustice because of the misuse of FRA across India. 
"The authorities under FRA have exploited ambiguity and guidelines issued by Ministry of Tribal Affairs", with gram sabha meetings being conducted "repeatedly mainly to give patta/titles to ineligible claimants and regularize encroachments", they said.
The representation underlines, the tribals and other forest dwellers  are also facing huge loss of forests "due to Individual and  Community Forest Rights being because of gross violation of Forest Conservation Act 1980 in various states."

 Text:

 We are a group of ex-IFS officers watching with extreme concern the illegal distribution of titles of forest rights over forest lands and causing irreversible damage to the forest land including wildlife and forest resources. This is done in the garb of Forest Rights Act 2006 and in utter violation of Forest (Conservation) Act 1980 (FCA), Indian Forest Act 1927 and Wildlife Act 1972. 
 Parliament legislated the historic Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA) to recognize and vest forest rights on forest lands only in the specifically defined Forest Dwelling Scheduled Tribes (FDST) & Other Traditional Forest Dwellers (OTFD) and their communities. 
 For recognizing forest rights and grant of title of forest rights on forest lands, the claimant must establish possession of forest land as on the cutoff date of 13.12.2005 and also on 1-1-2008 as stipulated under FRA 2006. To establish these as well as eligibility, elaborate list of evidences is given in Rule 13(1) of FRA Rules 2008 which ranges from satellite imageries based scientific and impartial evidence to even oral evidence of village elders reduced in writing. 
 States started the implementation of FRA from 2008 in right earnest but simultaneously fresh encroachment of forest lands by unscrupulous elements got accelerated since the encroachers found a great option in the section 4(5) of FRA which mentions that the claimants cannot be evicted or removed from forest land till the process of forest rights recognition is complete. People encroached overnight and immediately submitted a claim under FRA to the Gram Sabha making the forest department simply helpless in the matter.  
 Apparently for political dividends, some politicians promised to regularize such encroachments especially before elections to local bodies and state assembly. Just to quote one example, enclosed is a letter written by a former Principal Chief Conservator of Forests and Head of Forest Force, Telangana, to the State Government on how Ministers, MPs, MLAs and different political parties were publicly promising grant of pattas/titles to post 2005 encroachments too in violation of FRA resulting in encouragement to encroachments and attacks on forest officials. 
Management rights are being granted to ineligible communities in all kinds of forest lands and even inside Tiger Reserve areas
In recent years, the authorities under FRA have exploited ambiguity and guidelines issued by Ministry of Tribal Affairs. Gram sabha meetings are conducted repeatedly mainly to give patta/titles to ineligible claimants and regularize encroachments made after 13.12.2005. Surprisingly after 16 years of the Act, in some states ineligible claims extending over lakhs of acres of forest lands are being admitted in violation of FRA and FCA 1980, and primarily on the strength of evidence of village elders while discarding satellite imageries and other public documents listed under Rule 13(1). This is causing gross injustice to the eligible tribals and forest dwellers and is damaging their future for all times to come since huge number of ineligible but powerful people will continue using the resources meant for the genuine beneficiaries under the Act. 
As regards community rights, ineligible communities (with people other than FDSTs and OTFDs) have been granted rights without specifying ‘extent’ along with ‘nature’ of the community rights. The uncontrolled extraction under such grants is jeopardizing the sustainability of forest resources as the practice is akin to killing of golden egg-laying goose for quick money. State of Forest Report 2021 by Forest Survey of India has reported that there is a loss of 10,594 sq. km bamboo bearing area in the country between 2019 and 2021. Additionally, in clear violation of sections 3(1)(i) and 4(3) of the Act, management rights are being granted to ineligible communities in all kinds of forest lands and even inside Tiger Reserve areas; some glaring examples being in Chhattisgarh, Maharashtra and Karnataka.
Sir, the illegal recognitions are nothing, but a quietly sponsored encroachment backed by powerful people into the rights of genuine Forest Dwelling Scheduled Tribes & Other Traditional Forest Dwellers and their communities. In the process, the forests which are not only a source of their livelihoods but also provide life sustaining eco-services to one and all, are getting wiped out.
 We request you to kindly take immediate cognizance of this extremely serious matter and kindly issue appropriate instructions to all concerned to ensure that FRA is implemented strictly, illegally granted rights are cancelled, and forest rights are vested only in the FDSTs & OTFDs and their communities and not in encroachers.  
 ---
Click here for signatories

Comments

TRENDING

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.

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak*  The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

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

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

How Budgam by-poll has changed the J&K government’s way of working

By Raqif Makhdoomi*  The political landscape in Jammu & Kashmir has shifted markedly since the Budgam by-election was announced. With Aga Muntazir Mehdi now elected as the MLA from Budgam, celebrations continue at his residence as people congratulate him on what many describe as an exceptional victory. He will represent Budgam for the next four years, and his performance during this term will determine his future in the constituency.

NHRC seeks action report on contaminated water outbreak in Ahmedabad

By A Representative   The National Human Rights Commission (NHRC) in New Delhi has issued notices to the Secretary of the Water Supply Department in Gandhinagar , the Ahmedabad District Collector and the Municipal Commissioner of Ahmedabad, seeking an action-taken report within four weeks on allegations of human rights violations arising from a major outbreak of waterborne diseases in Behrampura , Danilimda ward of Ahmedabad city.