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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Green Revolution’s reliance on chemical fertilizers, pesticides contributing to Punjab's health crisis

By Bharat Dogra, Jagmohan Singh*  Punjab was once synonymous with robust health, particularly in its rural areas, where farmers were known for their strength and vitality. However, in recent years, reports from these villages tell a different story, with rising cases of serious health issues, including cancer. What led to this decline? The answer lies largely in the erosion of good nutrition, once a hallmark of Punjabi village life. The health of a population is closely tied to its nutrition, and Punjab's reputation as a provider of high-quality nutrition has suffered greatly. The loss of biodiversity in agriculture has led to a decrease in the variety and quality of crops, resulting in poorer nutrition. Pulses, a key source of protein, have seen a steep decline in cultivation due to the disruption of traditional farming practices by the Green Revolution. This has had a detrimental effect on both soil and human health. Although pulses are still available in the market, they are exp

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.