Shared Natural Resources A compilation of our newsletter articles on natural resource management (2005-07) Seva Mandir This publication is the pilot booklet of series of booklets to be published on articles compiled from the old Seva Mandir Newsletters. The articles will be categorized on thebasis oftheme or authors. Shared Resources covers all articles pertaining to the Natural Resource Management Programme published in Newsletters in years 2005 to2007. There is a blog also for Seva Mandir Newsletter which can be browsed on the SevaMandir website sevamandir.org. Credits: Section 1 - Common Property Resources 0. Integrating Common Lands in Watersheds Kulranjan Kujurand Shailendra Tiwari - December 31, 2005 0. Conflicts in Joint Forest Management VivekVyas - June 30, 2006 0. Seva Mandir and the Land ReformCommittee Under the Ministry of Rural Development VivekVyas - March 31, 2008 Section 2 - Issues Before ForestRights Act2006 0. CollectiveApproach Towards Recognition of Forest Rights of Scheduled Tribes & Forest Dwellers Kulranjan Kujur- June30, 2005 0. Who Should Own the Forests? Liby Johnson and Jayapadma RV - December 31, 2005 0. The Tragedy of Transformation of Forest Lands From Commons to Commodity Shailendra Tiwari - June 30, 2006 Section 3 - Issues After Forest Rights Act2006 0. Our Environment - The Challenges Ahead... Ashish Kothari - June 30, 2007 0. The Scheduled Tribes and Other Traditional Forest Dweller: (Recognition of Forest Rights) Act 2006 Reflection & analysis on draft rules S.N. Bhise- September 30, 2007 0. Empowering Communities forForest Governance S.N. Bhiseand Vivek Vyas -March 31, 2008 Preface Seva Mandir has been involved with the forest dwelling communities in Udaipur District ever since the 1988 Forest policy as well asthe JFMguidelines were releasedin theyear 1991 andtheWatershedguidelines in theyear 1994. We have always been part of the larger policy dialogue concerning the commons as well as forest lands and it has been realised that this two-pronged approach to conservation of environment through (1) Direct interventions at the grassroots (2) Sharing of the Learnings at the wider policy podiums has the potential to bring about gradual but path-breaking changes in the way government designs its legislations and policies as well as the executive deals with the implementation of the same. The present compilation is an effort to churn out and present the cream ofsuch learnings atvarious points oftime during our work in the last ten years on issues related to Natural Resource Management, Common Property Resources and the Forest Rights debate in specific. Seva Mandir's Efforts on Common Property Resources Seva Mandir'sJoint Forest Management programme isone of theexamples ofhow programmes GO-NGO partnershipswith the communities have their crests and troughs. The article on the conflicts in JFM deals with the same. Likewise one of the hallmarks ofSeva Mandir's work on NRM has been the work on watersheds. This work has had far reaching policy implications for relevance ofwatershed developmenton commonsas seen in the outputofthe parthasarthycommitteesreport. The pinnacle of the effortson the research on commonsaswell asthe advocacy waswhen Seva Mandir wasinvited to bepart ofthe committee on landsreforms and convened thegroup on common propertyresources. Forest Rights Act 2006 It was interesting to trace the path of the recent legislation on the forest rights act when the debate was on about how to deal with the encroachments pre-and post 1980 as decided by the Indian forest act 1980. While we were doing the same in the 2000-2006 period, the forest rights act 2006 was passed which gave a new dimension to thisdebate by diverting the onus onto the public (gram sabhas) for decidingthefate of their forests. Therefore the articles pertaining to these issues in this handout are therefore divided into two groups(Pre 2006 and post 2006). The section called "Issues before the Forest Rights Act 2006 deals with the efforts/approaches for dealing with the issue of encroachments on forestlands". The second half" Issuesafter the ForestRights Act 2006 dealswith the postenactmentscenario with a focuson the operationalisation ofthe Forest RightsAct." Section 1 00 Integrating Common Lands in Watersheds Kulranjan Kujur and Shailendra Tiwari - December 31, 2005 Several pieces of writing have elaborated the importance of common lands on the livelihoods of rural communities, especially on those of small and marginal farmers. These studies also point to the critical role that common property resources play in the lives of the poorest and on their livestock. Further, during periods of drought common land can become a critical cushion. The proportion of common lands in a watershed area differs from region to region.In hilly, tribal regions the proportion of these common lands could be as high as 50 to 70 per cent of the total watershed area. For the purpose of this note, and from the point of discussion on watersheds, we have considered the following lands coming under the category of common lands: pasture, forest and revenue lands. Proper development and management of these common lands is critical to thesuccess of the watershed, and for providing returns to the poorer households. Since these categories of lands not only constitute a significant proportion of the total watershed but are also often located along the watershed ridges, proper treatment and management of these lands are important technical and ecological considerations. Further, when it comes to the landless and the poor, it is these common lands which can be used as levers for equity. The greatest potential of these common lands lies in promoting and sustaining cohesion and solidarity within the village. The requirements of managingthese common properties are such that the village has to necessarily cooperate. These lands, if properly developed provide a most attractive stake for communities to come together. The returns of working on common property resources are, therefore, indeed extremely significant and can be summarised as ecological, equity, solidarity and sustainability returns. 01 However, due to common lands being highly contested and in a state of deterioration, their significance on sustaining local livelihood and in protecting the community fabric is plummeting. The issue of land Rights is more intricate and it is not possible to deal with the issue without involving the local community. Though there might be varied experiences of different organisations in dealing withthe issue, a more pragmatic and suitable approach is needed. Keeping in mind the sensitivity and magnitude of the problem, we infer that resolving the issue of illegal privatisation of common lands needs to be converged with other land development initiatives, especially with watershed programmes. This would help in havingan integrated land development approach. 02 The foremost reason for common lands being inaccessible is encroachment. A macro level study (EERN Study, 2003) carried out in Rajasthan highlighted that out of the total panchayat pastureland sites in the state, 69 per cent of them had encroachments and were contested. Another study done within Udaipur district revealed that the proportion of encroachment on forest, panchayat and revenue lands are 27, 54 and 100 per cent respectively (Bhise et.al. 2004). The book highlighted that of the total encroachers 62 per cent are economically sound. There is ample proof that encroachment is not only a manifestation of poverty but, more often, of social status and power of the encroacher. However, it is possible to break out of this slide and conflict situation. This requires clear and consistent regulation on the partof the government and involvement of the community in the process of resolving these disputes. Keepinginmind the sensitivity and magnitude of the problem a more pragmatic stance is required to protect the Rights of people and the ecology. More deliberation is needed onthe issue for systematically involving the community inthe whole process. Creating awareness about the issue would reinforce the village community for dealing withthe issue. Moreover, there is a fraction of people who abide with the law and oppose any approach that further leads to plight on the community. Hence,devolution of authority to thecommunity for dealing with the issue can expedite theprocess of access to common lands. Watershed treatment programmes must respect the property Rights regime in relation to land. So far, watershed development has been done, mostly ignoring the perspective of common lands. In the region where majority of land is common land, a different approach has to be followed. The common land should be delineated on the ground and its entitlement should be well established before undertaking any interventions in a watershed region. This will bolster the significance of common lands in the watershed programme. Fostering common lands in a watershed programme would underpintheridge-to-valley notion of watershed programme. Additionally, if joint forest management is implemented in a proper way by the department/ non-government organisations, so that regular benefits are accrued from the developed area, it could provide necessary impetus for dealing with the issue. It can help in checking further encroachment. Apparently, no fresh encroachment in the region is reported where village level forest protection committees are registered for joint forest management. In fact, these committees do not allowpeople from outside to encroachon their land, whilst also restrictinglocalpeople from doing the same. By constituting more than 3,000 committees in Rajasthan the forest department has morally bound people from encroaching government lands. Finally, further reinforcing this programme could contribute in tackling the issue of encroachment in forestlands. Eventually, it is high time that government comes up with firm policy on encroachment -on panchayat, forest, revenue and wastelands to avoid further worsening of the situation in relation to common land. The cooperation of concerned departments is solicited in resolvingland related conflicts. In the discourse on commonlands,village institutions play a central role. Effective participation of village institutions in the discourse helps in resolving any inter- or intra-village conflict. These institutions enter into a dialogue with the encroacher and try to evict encroachments from common lands for the interest of the village. Seva Mandir, from its longexperience of working on land, infers that addressing the issue of land governance in the country is of utmost importance before initiatingany intervention on commonlands. To initiate development of these lands in the village, it is imperative that the ownership disputes are resolved at the initial stage. During the course of Seva Mandir's association with the common land, there are many instances where 03 encroachments have been evicted under pressure from the community for equitable distribution of benefits from the land.Some of the effective strategies followed by thecommunity are listed here. Sometimes a threat by the community members to take legal action, or actually going in for legal action, has been fruitful. Forest protection committees have been successful in evicting encroachments after much persuasion and sustained lobbying with the forest department to initiate legal action against the encroachers. Though the process is in compliance with government rules, it is tedious and time-consuming. Moreover, intricate administrative procedures and sociopolitical considerations affecttheprocess. 04 In a few cases community members have negotiated with the encroachers to have land evicted, suitably compensating them ona case-by-case basis after ascertaining the socio-economic conditionof the encroachers. More importantly, in the whole process of negotiation the village community acts as a catalyst.. Therefore, this method of evicting encroachments if adopted with an appropriate strategy is effective. The incentive component either can be monetary or through developingproductivity of existingland (agricultural fields, privatewaste lands,etc.). Networks and federations of village institutions such as forest protection committees and their federation or watershed committees often provide an additional input in dealing with the issue of common property resources, especially forest lands which constitute the bulk of common lands in the country. Such networks can help in advocacy at multiple levels and also ininterfacing with governmentdepartments.However, building up suchnetworks takes time. 1. There is provision of treating forestland under joint forest management by the project implementing agency through constitution of forest protection committees. However, the process of sanction of joint forest management is tedious - it takes a year or two to get sanction from the forest department. The implementing agency should have legal access to treat the forestland falling under the watershed. The sanction to treat such forestland inthewatershed should be granted in a time-bound manner onpriority basis. 2. The government should settle the issue of encroachments by either handing over land to the encroacher or evicting the encroacher. This should be done in a time bound manner all over the country and not be subjected to continuous negotiations under political pressures from time in water shed to time. There is a need to give a clear signal to the village communities about the status of these lands. 3. From the ecological point of view the forests are considered as reservoirs of water. Moreover,since the location of forests is on uplands, leaving forestland untreated would reduce the longevity of watershed treatment benefits downstream. It is suggested that priority should be given to treat forest lands for the larger interest of the tribal and respectingthe notion of watershed concept. There is a provision under which by digging of trenches and construction of check dams, revenue wastelands can be treated under watershed programmes. However, if the community or project implementing agency wants to enclose these lands, it is not permitted to do so. Such lands cannot be made productive by planting of trees or other sort of vegetation, since they cannot beenclosed. There is a legal provision under which the revenue land can be converted into village pasture. However, this process of conversion is very tedious and time consuming. This process can be made simple so that investments can be made to makerevenuelands more productive. 1. The authority on these lands is the gram ponchayat, which generally is reluctant in giving sanction for their development. Sharing of benefits from pastures is a bone of contention between the village and the gram panchayat. It is recommended that the legal authority of village pasture betransferred to thegram sabha to avoid these complications. 2. The jurisdiction of a gram panchayat is spread over several hamlets and several pieces of pasture lands. Different hamlets ina village havetraditional rights over thesepieces of pasture lands. It would indeed be better if authority over these pastures is vested with the concerned gram sabha rather thanthepanchayat. 05 To sum up, considering the importance and magnitude of common lands which covers a significant portion of a watershed area, it is necessary to have appropriate arrangements for its treatment. It is also important to voice the concerns of the community, and to have a legal framework for inclusion of developing common lands in watershed regions. Eventually, it is recommended that the entire watershed land under the purview of different state departments should be legally accessible to project implementers. In some states such as Maharashtra, collaborative approach of government departments and non-government organisations has sanctioned access to forest lands to project implementing agencies for treatment under government order. Therefore, such provision can be made in all the states covering all categories of land falling in a watershed region. It is also recommended that a single window legal clearance to treat all sorts of public lands for treatment onwatershed basis would beeffective. 06 Background- The National Forest Policy of 1988 and the Joint Forest Management resolution of 1991 acknowledged the need to give greater rights and authority to community groups. The policy envisaged a process of joint management of forests by the state government and the local people, who would share the responsibility for managing the resource and the benefits accruing from this. As per the guidelines of the National Forest Policy (1988) the local people along with the Non-Governmental Organizations can come together in an effort to conserve and manage their forests under Joint Forest Management (JFM) project. This would be done through the formation of village forest protection and management committee. To regenerate the degraded and barren forest areas, NGOs and villagers could cooperate in order to bring about improvements in the condition of the forestland as well as improvingupon the benefits it can provide in its role of a CPR. Seva Mandir undertook one of the first JFMs in Rajasthan in 1991 in association with the Shyampura Forest Protection Committee (FPC). Subsequently, under this scheme, it tried to develop 15 more sites and conducted plantations on about 810 hectares of degraded forest lands and closed 200 hectares of good forests for natural protection. 07 Interestingly each of these sites and each JFM implementation with the brought forth issues that highlight dynamics, which can disturb a functional institutionand impede protectionor developmentof the community resource. The paper attempts to document the experiences of Seva Mandir in the field of JFM and the various conflicts that arose in the process. Theseconflicts recounted here illustrate 08 o Firstly, the constraints to community based natural resource management options such as JFM at the level of policy - formulation as well as implementation that fails to address issues like encroachment and boundary disputes. o Secondly they bring to the fore the limitations of a framework like JFM at the level of the community itself due to conflicts arising between external players like the forestdepartment and the FPCor betweentwo or more FPCs. o Thirdly, Capacity and leadership development in the FPC for management of the developed resources can get weakened sometimes due to intra-institutional conflicts triggered by politics or erratic benefit sharing mechanisms. Traditional rights refer to the user rights being exercised by the community because of being proximal to a particular natural resource. Legal right pertains to the rights and concessions given to the villages by the forest department during its settlement operations. Besides because of the Joint forest management exercises this issue has become all the more pertinentas only the people who are part of the FPC canexercise usufruct rights. Thus in a nutshell it means that even if the people have beentraditionally using a particular patch of forests but if they are not registered as legal users or right holders thanit might lead to conflict as happens in the followingcase. Issue - This case documents the negotiations over rights to a forest patch amongst three villages: Kojon Ka Guda, Saharia and Padtal. After decades of peacefull coexistence, the communities found themselves pitted against each other when the forest that was seen as being common to all three villages was enclosed under joint forest management with only one village represented in the forest protection committee constituted for the pu rpos e because legal rights had been accorded to only one village under the forest settlement. The entire case can be seen as being a case of tussle between the rights of traditional users and that of the legal users of the forest. Traditionally, for years, the three villages Kojon Ka Guda, Padtal and Saharia (hamlets of Lalpura) had traditional rights for grazing and collection of fuelwood over the forest in block Phalet B. However, legally only Kojon Ka Guda could be givenrights over the forests as the FPC constituted to protect and manage the forest. This sparked off a conflict between the three villages who were coexisting peacefully earlier enjoyingrights ona traditional basis. 09 Resolution - Later, the dispute was resolved by the villagers themselves. A consolidated list of villagers from all three villages was drawn up and an FPC was reconstituted. In 2003 this FPC received sanction to work on 50 ha areas of forestland under the JFM programme. Seva Mandir also used a bit of coercion by suspending all its development activities in these villages to bring the parties to the negotiating table. In 2005, the committee started work on another patch of 50 ha of Forest land. Though the conflict now stands resolved it took nearly 7-8 years for the villagers and Seva Mandir to find a resolution suitable for everyone. 10 Most of the forest blocks in Rajasthan have been constituted by including land of 4-5 or even more revenue villages. Though in the forest settlement maps and record, the area of the village included in the block is demarcated but on physical demarcation exists on the ground. Even the FD officials are ignorant of these boundaries on the land. This becomes a major point of contention between villages especially when usufruct rights are giveninthe forest block.Under the JFM programme the village can form a FPC to protect and develop forests where they have been given usufructuary rights. There are many instances where conflicts have occurred in JFM sites due to boundary disputes between two villages which has resulted indamages to the JFM protected areas. Issue - The forest boundary between the villages of Madia and Upli Sign' are not clear, and therefore, the Madia villagers are unable to exert social pressure onthe encroachers from Sign' to evict them. The contentionrelated to encroachments in Madia springs from the fact that Madia residents resent the advance of Sigri people on forest land traditionally belonging to Madia, with the support of some powerful local communist leaders. The encroachments of the Sigri residents seem to be in the customary forest boundary of Madia village, while those of some Madia residents are just on the fringe of forestand revenue land within Madia. Resolution - In 2001, Madia villagers proceeded to enlist the assistance of the forest department in vacating encroachers from forestland. The local forest committee was in regular contact with the forest officials to clarify the limits of Madia's forests. This clarification of forest boundaries would provide the Madia villagers with moral and legal rights to ask encroachers to vacate from the village forestlands. At the samuh meeting in May 2002, ten of the twelve encroachers willingly promised to move out of their encroachments. After sustained pressure from the community the forest department officials from the forest range and beat along with the Patwari of Madia decided to demarcate forest boundary on site on June 24, 2002. The patwari of Upli Sigri also came to the site along with the patwari of Madia and forest officials on the designated day. The revenue maps of both villages were matched and the boundary dividing the forestof bothvillages was laid out. Now the Madiavillagers have enclosed the reclaimed land as a protected model JFM. Recent developments - Madia & Sigri - Another dispute has been going on between Madia and Sigri villages. While Sigri villagers are working in collaboration with another NGO called FES, Madia villagers have been working with Seva Mandir for its JFM programme. The issue concerns the boundaries between the two villages and got highlighted when the people of Sigri beat up the guard Prabhulal appointed by the FPC of Madia. Attempts shall be made to organize a joint meetingbetweenthe two villages. 11 Issue - The issue in this case is about rights of multiple revenue villages on a Forest Block. The area of Som village falling under Som II Forest block includes land of six villages, which is not demarcated on the ground. This multiplicity of rights of many villages over a particular forest block without clear-cut demarcation of village land leads to inter-village encroachments and subsequent boundary disputes. Resolution - During August, some of the people from the nearby village of Bhamti had encroached uponthe forestland of Som. With the efforts and motivation of the leaders of Van Uthan Sangh (VUS) , some 200 people from Som and same number from Bhamti tried to convince these people about the importance of forests. Ultimately these people were forced to vacate the Encroachments. Issue - In certain villages like Bada Bhilwada and Nayakhola in Jhadol block of Udaipur, enclosure of forest lands in a haphazard manner has highlighted how it sometimes leads to problems related to grazing. These villages have forest patches whichare already degraded due to grazing but due to lack of alternatives continue to experience heavy livestock pressure on the forest land and the consequent tussles over grazing. Thus sharing of benefits from JFM area in terms of grazing is also an issue without which even a mature JFM can become unsuccessful as was reflected during a workshop conducted on 17-18 January 2006. o Delayed payment of the guard led to the plantation left vulnerableto grazing. o Grazing being carried out by influential people. o Social boycottingfrom the deathceremony for those who cut wood. o Phala-wise responsibility givento people for guardingtheir portionof the forests. 12 The JFM guidelines and the need to adopt a participatory approach towards forest protection, management and sharing of benefits derived from the programme, has created an awareness among the rural people about the importance of the forest area over which they have traditional as well as legal rights. As such any encroachment or illegal cutting etc is contested.One positive effect of JFM has been that villagers are not allowing new encroachments in their forest areas and also trying to evict old encroachments from their forest areas. This has resulted in intra-village conflicts. There are many examples of suchconflicts amongst FPCs,e.gShyampura,BadaBhilwada, Talai etc. The people of neighboringTumdar village as well as a few families of Bada Bhilwara village encroached on the forestland of village Bada Bhilwara. The FPC members of Bada Bhilwara opposed this trend and lodged a complaint against the encroachers with the local FD beat office. The officials from the Beat office visited the site and convinced the encroachers to release the occupied land. However, after a few days the people encroached again. The FPC members then approached the Van Utthan Sangh and with their support contacted the Division office at Udaipur. They met the Conservator Forests and apprised him of the situation. A FD team was sent to the site to evict the encroachers. The encroachments were removed and the 712 hectares of forestland belonging to villageBada Bhilwara was reclaimed. The FPC members then submitted a proposal to enclose the area and develop it under JFM in the year 1994-95. Another 100 hectares have been taken up under JFM in the year 2002. On the day of Shilanyas of the JFM site people were going towards the JFM site when the people from Tumdar started throwing stones at them from a hillock. Soon stones were being thrown from both sides. Subsequently Bada Bhilwada filed a case against Tunder and hence resolved to get the commons freed from encroachments at all costs. The people of BadaBhilwadaare now more conscious of their resources. People from Tumdar have filed a police case against FPC members of Bada Bhilwada, which they are contesting. As for now they have prevented Tumdar villagers from encroaching ontheir forestlands. There are many ways in which a change in leadership can bring conflict in the running of FPCs and management of JFM areas. It has been observed that wherever FPCs have been constituted and works carried out local leadership has emerged who controls the implementation, protection and management of JFM sites and even the FPC members. The executive committee is there but much depends on the local leader. Sometimes such local leadership takes undue advantage of his position and any attempt to remove him causes conflict in the FPC. Consequently JFM related activities suffer as it takes time for the emergence of new leadership. In Mohandungri village, a local leader who was active in the activities of Seva Mandir in the village was entrusted to form the FPC for implementation of the JFM programme, and to implement the physical activities and manage the assets created with the support of the executive committee formed. The programme was implemented successfully initially. However, it was soon observed that he was taking undue advantage of his position and was involved in wrongful acts. Following this discovery he was relieved of the responsibilities Seva Mandir had entrusted on him. The emergence of new leadership took some time since he had a stronghold on the people and he was also present in the village, and until then some mismanagement in the JFM areas happened. But things improved once new leadership took over their responbilities. 13 The members of the Van Utthan Sangh undertook reelection of Village forest protection committees at the behest of the forest department (1991 JFM order requires renewal of the FPC every two years). In one such village Amod, the forest department was conducting physical works. Butsurprisingly even after the re-electionof the committee, the Rangers and Foresters continued to patronize theex- (what position did he hold?),Nandu Singh,(amateinthe village) 14 During a training of the VFPMCs organized by the Van Utthan Sansthan, officials from the forest department were questioned by the villagers as to why the VFPMC was being ignored. VUS members also met the officials of the forest department like the DFOs, ACFs etc to sort out this issue. The forest department officials objected to the so-called "ad hoc formation of committees by VUS". Thereafter Seva Mandir clarified to the department that all such re-elections were undertaken at the behestof the forest department communication. Further investigation revealed that the major bone of contention was the political factionism within the village. The two factions wanted their representation in the FPC so that they could have some command over the allocation of labor, village funds etc. The conflict and factionalism in Talai village date back to the time when a big dam called Mansi-Vakal was proposed near the village. The village got divided over the issue of getting rehabilitated elsewhere. Some people who were against it joined hands to form the Chandeshwar Samiti, which later on gave birth to another NGO called Ankur. At the same time many people accepted the rehabilitation proposal for the dam. This sowed the seeds of mistrust in the village. This situation was further exasperated by the scattered settlement pattern of the village which has 14 hamlets many of which somehow or the other got left outinthedevelopmentinterventions. Thus the village became divided along the lines of affiliation to the NGOs, headed by two personalities - Naranyanji (with Seva Mandir) and Jeevaba (with Ankur). Panchayat elections were also fought along these lines. While the first election was won by Narayanji, the last election was won by the group led by Jeevaba. Therewere many other development related factors that might have contributed to the factionalism. The declaration of the village Chandwas (with a Brahmin stronghold and support of Ankur group) as aPanchayatbears testimony to this fact. However, Talai village had exhibited significant awareness about the need for protecting trees and forests through the various other developmental programmes that Seva Mandir had initiated at the village since 1982. By ensuring social cohesion within the village, they have been protecting, with great success, plantations on private land and common pasturelands since 1988. Seva Mandir, therefore, decided to follow up with the forest department for developing the forestland of the village. Since some people had encroachments near the forests, the villagers proposed the forestland on the upper reaches of the hills surrounding the village skipping the land occupied by the encroachers. This land (50 ha) became the first JFM site in the village. Tillthis day this site is being protected well. But this protection was not without its set of hiccups. The encroachers did their best to spoil the closure and tried to even burn the grass etc. Subsequently FIRs were filed and the matter was settled. However this only widened the gap mentioned above. But once the villagers realized the potential for fodder output from these areas, further support was mobilized and the village decided to work on another patch of forest land called the JFM Site II (92 ha). This happened in 2003. The first year was marked by physical works like construction of the boundary wall while the second year saw the plantation activity. However, around this time, the social tensions within the village was enhanced. During re-election of the FPC, Jeevaba ceased to be the President. Some people alleged that the reelection was not conducted fairly as they did not have prior information regarding the same. Moreover, some of the houses near the JFM Site II also got cut-off from the rest of the village due to the influx of water following closure of the gates of the Mansi-Vakal dam. These people had set their eyes uponthegrassland in the sitefor their animals and had ample support of the Ankur group. Due to the closure of the access road to the JFM site, it also became a major hurdle to reach the site for monitoring the area. Now the only way it could have been protected was through social fencing and self-inhibition. But that was not going to happen as was evident by the destruction brought aboutby a few people by allowing their animals to graze inside the planted area. Although the villagers had forgotten their mutual distrust of each other to come together for the sake of the plantation and for gaining wage labor, yet somewhere the ambers of revenge seemed to have remained and burning. Given the 15 nature of deep-rooted hatred and grudges between the people it was decided to put all personal issues on the back burner and talk only about the development related issues. Seva Mandir thus tried hard to bring all the parties ona single platform (three meetings were arranged over a period of one month) and now it seems that the issue has been resolved giventhatwork has beenproposed for JFM Site III on 50 ha of forestland. Through these myriad experiences it has become amply clear that the institutional dynamics are never static and a continuous process of dialogue is what is needed to keep them in close cohesion. The forest department has often been accused of failing to make its procedures and actions participatory, while being technically perfect in the development works.But somehow therehas always been apprehensions about the approach to institutionbuilding. 16 With a background of 15 years in implementing the JFM programme, Seva Mandir which prides itself in its capacity to engage people at the grassroots in meaningful dialogue tried to analyze whatkind of conflicts makes these institutions fail or succeed. Though we have derived most of these experiences from Seva Mandir's own JFM efforts, the learning can be generalized to a considerable extent. Also it has become imperative to not only study these conflicts but also to pursue them through meaningful discourse and to engage the communities in negotiations. Therefore, it also becomes a test of the institutions as to how they respond to external stimuli and encouragements. This issue of encroachments on the forest lands can only be resolved if the communities and the institutions realize the criticality of the commons. We found that the process of dialogue, negotiation and conflicts have taken their own time and course. We have the example of Kojon kaGuda that took almost five years before the two parties could be broughtto a platform to resolve their issues amicably. While in some cases the issues got resolved, in others it took a while before the people could realise the importance of reinstillingfaith in collective action. In all such cases of negotiation the role of the external agency assumes importance in two ways. While in some cases the agency failed to ensure the institution with adequate incentives and disincentives, in other cases it was because of failure on the part of the JFM programme itself to stand up to its promises of improved livelihoods. The other important role of theagency can be thatof a facilitator that can bring the varied and even equal stakeholders to one common platform for the purpose of negotiation. This might not be possible if the institution were left along to fend for itself because of the strong cultural underpinnings, which encourage the embers of revenge and rivalry to be sustained over aperiod of time. The third role of the NGOor thenegotiating agent can be that of a bridge between the rigid and lackadaisical forestdepartmentand the preemptive institutions. Good governance in land administration and effective management of agrarian relations has been considered, since long, to be imperative for reaching the desired level of economic growth and sustainable development. It has been an accepted fact that socially-just access to land, land related services and security of land rights can go a long way in improving the economic condition of the primary sector. Not only this, land reforms can change the current culture of exclusion to enable the poor gain access to land, credit, technology, markets etc in the development of government policies and programmes affectingtheir livelihood. With a view to looking into the unfinished tasks inland reforms, a committee, "StateAgrarian Relations and the unfinished task in Land Reforms" has been set up under Minister for Rural Development consisting of officials from Department of Land Resources, NGO representatives and subject matter Specialists. Seva Mandir has also been invited to be part of the same. The recommendation of this committee would be considered by the "National Council for Land Reforms" constituted under the Prime Minister to lay down broad guidelines and policy recommendations on agrarian relations and land reforms. The council comprises of the Ministries of Rural Development, Agriculture, Environment and Forests, Panchayati Raj, Tribal Affairs, Social justice and Empowerment, Dy. Chairman of Planning Commission, Chief Ministers of various states in India like Andhra Pradesh, Bihar, Karnataka, Kerala, Maharashtra, Orissa, Rajasthan, Tripura, Uttar Pradesh,and West Bengal,and other eminent citizens. 17 The committee will visit the states and hold consultations with them in order to finalize the recommendations for effective implementation of land reforms. The committee is expected to tender its recommendation to the national council within one year of formation the deadline for which has been set as mid-September 2008. Also for the same purpose seven (7) sub-groups/task forces have been formed. Seva Mandir has been appointed to convene the group that shall work towards (1) Ensuring access of the poor to common property and forest resources (2) To look into land use aspects, particularly agricultural land, and recommend measures to prevent/minimize conversion of agricultural land for nonagricultural purposes. One of the critical components of land reforms identified was CPRs or "Common Property Resources" which have been defined as those resources accessible to and collectively owned\held\managed by an identifiable community and on which no individual has exclusive property rights. "Rural common property resources are broadly defined as resources to which all members of an identifiable community have inalienable use rights. In the Indian context CPRs include community pastures, community forests, Govt wastelands, watershed drainages, village ponds and rivers etc. The first three resources are particularly important because of their large area and their contributionto people's sustenance." Presently the percentage of CPR/Total geographical area of the country is 15 %. If the Forest lands are included in this definition of CPRs, then there is another 23.38 % of the country's geographical area. The beginning of the studies of the CPRs in India can be traced back to early 1980's. Studies covered a fairly large number of villages scattered over the vast area of the country but majority of those were case studies. NSSO study, 1999 (report no 452) of the 54th round is one of the first attempts to provide comprehensive state- and national- level estimates of size, utilisationand contributionof CPRs. It says in the pre-British India, a very large part of CPRs was freely available under the control of the local communities. Extension of state control over these resources, resulted in decay of the community management system, and CPRs available to the villagers declined substantially over the years. Despite this, CPRs still play an important role in the life and economy of the ruralpopulation. 18 However, all these studies still fall short of suggesting measures required to improve the administration of CPRs as well as to facilitate their development for the future generations. There are two ways of looking at CPRs: De Jure or by legal definition - officially allocated figures and De Facto or actual ground reality - in terms of actual usage and access which differ significantly. The second aspect onwhichthe sub-group has to give its recommendation is regardingland use- particularly agricultural land and recommend measures to prevent or minimize conversion of agriculture land for non-agriculture purposes. The conversion of agricultural land into non-agriculture use is highly debated and is attributed as one of the factors leadingto food insecurity. On the other hand, it is also true that lot of forest land not fit for cultivation is being transferred for cultivation. There is a need to look into this critical aspect of land use and suggest measures to minimize the conversion. The purpose for which agriculture land is being transferred vary from Infrastructure development projects like roads, housing colonies; Industrial purposes like Special Economic Zones, allotment of land for bio-diesel plantations, etc.; and Commercial interests whereby due to increasing land prices farmers find it more lucrative to dispose of their agricultural land rather than farming ontheir own. 19 21 Kulranjan Kujur - June 30, 2005 23 Keeping the sensitivity and magnitude of the problem at a more pragmatic stance is required to protect the rights of the People and Tiger (Ecology). This can be achieved by drawing inferences from both the views on the bill. Experiences of Seva Mandir, a non-government organisation based in Udaipur (Rajasthan), shows an effective manner for dealing with the issue. The experiences of the organisation could be fruitful in deeming for a consensual approach. The District (Udaipur) Statistic Book reflects that 42 per cent of land in the region is owned by the State (Forest Department). A researchhandled by Seva Mandir highlighted that out of the total forestland, 24 per centof the land is in illegal possession by thepeopleand 62 per cent of the encroachers are economically sound (Decolonizing the Commons, 2004). 24 Further, the research indicates that possession of forestlands led to hardships on small and marginal households of the region, whose livelihood is based on these lands. To initiate development of these lands in the village, it is imperative that the ownership disputes are resolved. During the course of Seva Mandir's association with the common land, there are many instances where encroachments have been evicted under pressure from the community for equitable distribution of benefits from the land. Sometimes a threat by the community members to take legal action, or actually going infor legal action, has been fruitful. Forest Protection Committees have been successful in evicting encroachments after much persuasion and sustained lobbying with the Forest Department to initiate legal actionagainst the encroachers. There are a few cases where community members have negotiated with the encroachers to have land evicted, suitably compensating after ascertaining socio-economic condition of the encroachers.This evictionhas beendone irrespective of the nature of possession of the land prior to 25 October 1980. The major influencing factor for evicting encroachment is makingcommon land available for community for better land governance. Though the above process might sound easy, there are many debilitating factors making the process more complicated. These are socio-political considerations and conflicting motivations of the different stakeholders, complex administrative processes that make the issue even more tedious and time consuming. More deliberation is needed on the issue for having a systematic, people-centred approach. It won't be so straightforward to have rational information considering the above impediments. Generous effort is required for ascertaining the period of possession of the land and researching socio-economic conditions of 80 millionforest dwellers.It is of paramount importance that instead of having an emotional outburst on the issue, we all need to have a collective approach (government, non-government, academic and research institution partnerships). This approach can generate rational information for validating the stance and addressing the issue in a moreeffective, holistic manner. These are samples of what we heard when we asked people in the adivasi villages of Udaipur district about their forests. The four quotes in many ways, sum up the praxis of the complex relationship between human beings and their natural surroundings. One may shout from the rooftop about how symbiotic the relationship between adivasis and nature, particularly forests, is. One may also take the side of tigers and putthem on a pedestal above human beings, and demand that all human intervention in forests be banned. One could also find peace, and logic in the interstices betweenthese two rooftops. What the Bill proposes There are sufficient numbers of activists and organisations that adhere to one of the two extreme positions. This sharp divide is quite visible when one follows the debate around the proposed Scheduled Tribes (Recognition of Forest Rights) Bill, drafted by the ministry of tribal affairs, which the government of India proposes to enact. As the statement of objects and reasons to the Bill says, "Forest dwellingtribalpeopleand forests are inseparable. One cannot survive withouttheother. The conservation of ecological resources by forest dwellingtribal communities have been referred to in ancient manuscripts and scriptures. The colonial rule somehow ignored this reality for greater 25 economic gains and probably for good reasons prevalent at the time. After independence, in our enthusiasm to protect natural resources, we continued with colonial legislation and adopted more internationally accepted norms of conservation rather than learning from the country's richtraditions where conservation is embedded intheethos of tribal life. ...This historical injustice now needs correction before it is too late to save our forests from becoming abode of undesirable elements". The Bill sets out, in order to correct the injustice, "to recognise and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes who have been residing in such forests for generations but whose rights could not be recorded; to provide a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting inrespect of forestland". 26 The Bill needs to be seen also in light of some measures initiated by the government of India, fifteen years ago, in the form of circulars issued by the ministry of environment and forest. These circulars, had they been implemented, would have addressed the 'historical injustices' inseveral ways. The six circulars issued with No.13-1 /90-FP dated September 18 1990 are: FP (1) Review of encroachments onforestland FP (2) Review of disputed claims over forestland, arising out of forest settlement FP (3) Disputes regarding pattas / leases / grants involving forest lands FP (4) Eliminationof intermediaries and payment of fair wages to the labourers on forestry works FP (5) Conversionof forest villages into revenue villages and settlement of old habitations FP (6) Payment of compensationfor loss of life and property due to predation/depredationby wild animals Of the different issues dealt with in these circulars, the current Bill covers inter alia, the issues in circulars 1, 2, 3 and 5. As a result of faulty forest settlement processes, disputes between the revenue and forest departments and those between the forestdepartment and people,many villages indifferentparts of thecountry have beendeprived of some basic Rights and facilities. These include access to social security schemes, access to basic education, health services, infrastructure like roads or electricity - almost everything an average villager in India can take for granted as Rights (irrespective of whether it is actually available). All the while,forest dwellers continue to use forest resources for everyday survival, shelling out bribes and fines to forest officials in almostroutine regularity. Several activists and organisations have taken a less excited view of the Bill, in contrast to the two extreme positions taken by those opposing the Bill in the name of 'tigers' or supporting it in the name of 'tribals'. While accepting that Rights of forest-dwellingand -dependent communities are important,they fear thattheBill may not help inachieving this. Among the serious defects of the Bill highlighted, is the fact that it deals with the different situations across the country as one homogeneous whole. In several parts of states like Madhya Pradesh and Chattisgarh forest-dwelling communities have been deprived of fundamental rights as described above. However, this is not the reality everywhere. Inmany areas, encroachment of forest land by people - both out of need and greed - is a burningissue. Faulty settlement of forest villages and later day encroachments are two very different issues and would have required different regularisation processes and notthe blanket approach suggested in the Bill. It is worthwhile to note that the government of India issued a circular in early-2004, ordering regularisation of encroachments up to 31STDecember 1993. This circular, it is alleged, led to a new spate of encroachments, particularly by people withgood political or bureaucratic connections. The Bill now proposes regularisation of encroachments made before1980, thus virtually privatisingpart of the forest land. At the same time, it wants to promote collective efforts to conserve forest resources, this through the instrument of gram sabha. How these are put into action is a matter of conjecture, in the absence of reliable records for assessment of encroachments, and with inadequate definition of what the nature of powers vested with the gram sabha are. Furthermore, the concept of gram sabha as the grassroots governance mechanism remains a paper-dream with very little effort on the part of the states to actualise what is envisaged in the 73rd amendment and Panchayat Extension to Scheduled Areas Act (PESA). Empowering this institution to manage ecological resources as envisaged in the current Bill is, at best, a statement of noble intentions. 27 28 The Jangal JameenJanAndolanis a platform of activist organisations insouthern Rajasthan that has beenin the forefront of the struggle to obtain rights to forest land for tribal people in the region. Representatives of the Andolan have also played a role in the drafting of the Bill. As part of its preparation for implementation of the Bill when it is passed, the Andolan has identified about 17,000 claims for regularisation. We had discussions with activists of the Andolan that helped us understand their point of view. The villages we visited were in the operational area of Seva Mandir. They have been associated with Seva Mandir for varying periods of time. The nature of association also varied across villages. Of the six villages we visited, three had joint forest management (JFM) mechanisms in place. The forest protection committees were functional here and already had done work in earmarking their forest boundaries and building boundary walls. In a fourth village, the proposal for JFM was in advanced stage of processing. Neither of the two villages in Kotra tehsil had JFM mechanisms. One of them, Adivada,falls under the Phulwari kaNal sanctuary, while the other, Hansleta, apparently is beingproposed to beadded to this sanctuary. Both Pargiapada and Madia claim to have convinced its people to give up the encroachments they had made inthe forest portions, and brought them under JFM. While this in itself is anachievement, at least in the case of Madia the fact remains that the distance from the settlement to their forest (close to three kilometres) made it almost impractical for them to do anythinguseful on the encroached plots. In both these cases what also came to the fore in our discussions are the serious boundary disputes with the neighboring villages. It sounded to us as serious conflicts with little scope for settlement in the immediate future. In case of Madia, the neighboring village of Sigri is in fact located very close to their protected forest. The people of Sigri have been regularly breaking down the boundary wall to let their cattle infor grazing. Sigri, from whatwe understand, also has JFM promoted withsupport from Foundation for Ecological Security. Piplimala is muchmore at peace with itself. Their forest consists of two distinct parts, the slopes and a plateau. The plateau has been encroached upon in the previous generation and 22 families are now permanent residents on this encroached portion. Other families too have farmlands in this area. The people are very clear that there is no chance of them abandoning this encroachment. They however have taken steps to form a forest protection committee (not yet 29 recognised by the forest department) and protect another patch along the slopes. The village has the experience of motivating people to give up encroachment on their common pastureland and developing it with the help of Seva Mandir. But Khemchand the young and energetic sarpanch of Magwas gram ponchayot, also the leader of Piplimala has no illusions about forests or people. He very clearly said "job tak insaon rahega, atikroman hoga hi" (As long as there is life, there willbe encroachments). Som is amore difficult case. Thevillagers arevery clear that the forest portions they haveencroached upon are notsuitable for growing crops. However, all of them claimed that the encroachments were necessary for them to raise their cattle as the village did not have adequate pasturelands. Many of them mentioned landlessness as being the primary reason behind encroachments but on further enquiry this was linked again to land for grazing and not crop production. Some villagers also referred to the basic human need (greed) for moreland. 30 Adivada is a village right outside the Phulwari ka Nal sanctuary. In fact many houses thatwe saw were precariously placed on the sanctuary boundary. This is the village where we experienced the omnipresence of the forest bureaucracy. Villagers had to pay the forest guards regularly. Inmost cases they would be told of being given a receipt for the payment, but later as the guard would not have the receipt book with him at the time of paying the bribe. Villagers said thatthey do not normally cutany tree butonly collect dry and fallenwood for fuel. They also collecthoney,gum, etc. butwould haveto pay a fine (bribe) to get it out. However, they said that people from outside were regularly cutting wood from the forests near them and takingit away. Onbeing asked as to why these people were not being caught by the guards, their answer was that this happened at night and the guards would be fast asleep. One persondid however mention that such cutting of wood happened with the guards knowing about it. They also narrated incidents when they tried to prevent others from cuttingwood or bamboo from the forest. In one case, Lalaji an old man from the village tried to prevent a girl from another village from cutting bamboo from the forest behind his house. He was eventually arrested by the police and had to spend more than Rs 3,000 to get out. Men and women whom we met repeatedly told us that it is no usefor them trying to prevent outsiders from cutting wood inthe forests, as it would only land them in trouble like Lalaji. As he asked, "Hamara to jimma nahi hai, hum kyon iski raksha karen?" (It is not our responsibility, why should we protect it?) 31 but collective effort supported by Seva Mandir succeeded in vacating these encroachments. Now these pasture lands are under community management, provide in large quantities what they are supposed to -fodder for cattle. This may seem contradicting the statement made above,but it is in fact reinforcing the point made. Barawa and Nayakheda have families for whom animal husbandry is a very important source of livelihoods. And they obviously have a vested interest in obtaining more fodder for their cattle. A resource that, as the villagers clearly articulate, diminishes whendivided. o We encountered claims of landlessness in its varied forms during these discussions. Som on one side and Hansleta on the other. Is either of these two, the reality for all times to come? Will the 'individual greed' as experienced in Som continue to be so? And will the 'collective spirit' of Hansleta remain so for all days to come even withstanding the pressure for immediate survival? o Except in the case of Piplimala, where the plateau in the forest had productive land, no village had any great regard for the quality of land in the forests to support increased crop production. Most of these were steep slopes, rocky with very little top soil or organic material and would require very high investment in bunding or terracing to put them to any productive use. What is the economic benefit to the adivasi if such lands under encroachment are made regular? Other than thatof satisfying egos? o Greed is a basic human instinct, as the villagers themselves said. Everyone wants more of what they have. What efforts would be required to motivate people to overcome greed and look at common good inall the villages and not justina few? o In the villages where pasturelands and forests are being seen as commons, 5eva Mandir has evidently invested in more than a decade of concerted motivationand supported affirmative action, both in removing encroachments and in developing the commons. In villages where such engagement is limited, people's articulation and feeling towards the commons is limited. The correlation is stark. Seva Mandir workers and villagers seemed to feel that organic spread of such initiatives is limited. What does this bode for bringing about widespread adoption of such practices? o JFM could be an enabling mechanism for thespread of common interest inforests. Bureaucratic processes inJFM have, however, played a serious deterrent in this. In several villages, we were unable to get a sense of whether JFM is preferred from a long term perspective or for short term gains of wage employment. What needs to be done to get more communities interested in JFM and the forest department more responsive to community demands? 32 o Wherever the forest department had a strongpresence, like in Kotra area, people were sure that the forests were not theirs. It belonged to the department. In such areas, there were fewer encroachments. Where the department had nominal presence, the feeling of ownership among people was stronger; and incidences of encroachment larger. What do we learn from these - strengthen the department or remove it from the scene? Laws for thepoor? There are serious concerns on the efficacy of the proposed Bill or similar enactments in achieving the twin goals of ecological security ingeneraland livelihoods security for the poor. What looks clear to us is that a mere administrative measure of regularising encroachments on forest lands by application of either the Scheduled Tribes (Recognition of Forest Rights) Bill, if and when it is passed or Circular FP (1) of the Ministry of Environment and Forests may not make life significantly better for forest-dependant communities, like those we met in Jhadol and Kotra. One could even ask if regularising of such encroachments is required at all in such areas. Would not strengthening of measures like JFM and other collective management measures aid both -better conservation of the forests while providingbetter access forthe people to its produce? Our discussions with villagers, organisations and activists make it clear to us that the right way to proceed is to distinguish between three different issues and making policies to address each of these intheir specific contexts. The three issues are: o Need for conservation of forest resources o Recognising Rights of forest dwellers to a dignified life o Identifying and regularising encroachments that are legitimate and distinguishing them from opportunistic, illegitimate encroachments 33 The Scheduled Tribes (Recognition of Forest Rights) Bill is yet another legislative step in the lines of PESA and other enactments, laden with noble intentions. We have seen how PESA has remained a 'paper dream'. Would not the new Bill, when made into a law, follow the same path? None of those raising their voices for or against the Bill seem to be concerned about this aspect. For the moment, the debate on 'tigers vs. tribals' is likely to continue. Whether or not the Bill is passed, organisations like Seva Mandir will find that their work on strengthening people's participation and ownership over forests and other commons is relevant,and will continue to be so. 34 Liby Johnson and Jayapadma RV have worked with rural development organisations in Bihar, Jharkhand and Orissa. Over the past year, with support from National Foundation of India, New Delhi, they have been traveling across the country, in an attempt to understand different contexts and responses to poverty and under development, and the challenges that NGOs facetoday. They canbe contacted at [email protected] and [email protected] respectively. 35 Proclaiming correction of "historical injustice before it is too late to save our forests from becoming the abode of undesirable elements", the Bill at one stroke seeks to return to the tribals their traditional rights on a host of issues, which have been at the heart of the conservation debate. At a high level meting on January 19, 2005 Prime Minister of India decided that the Scheduled Tribes and Forest Dwellers (Recognition of Forest Rights) bill be drafted and tabled in the forthcoming budgetsessionof the parliament. It proposes 12 specific rights - "heritable but not alienable or transferable" - to tribals of forestvillages.These include: o Right to hold and live in the forestland under the individual or common occupation for habitation for selfcultivation for livelihood o Right of access, use or disposalof minor forest produce o Rights of entitlement such as grazing and traditional seasonal resource access of nomadic or pastoralist communities o Rights inor over disputed lands under any nomenclature in any state where claims are disputed o Rights for conversion of pattas, leases or grants issued by any local authority or any state government on forest lands to titles o Rights of settlement of old habitations and unsurveyed villages, whether notified or not. o Right to protect, regenerate, conserve or manage any community forest resource which they have been traditionally protectingand conserving The Bill provides for two and a half hectare per nuclear family of a forest dwelling Scheduled Tribes (ST) that would be registered jointly in the name of the male member and his spouse. Taken together, the proposed rights would entail the involvement of the local community in conservation, instead of leavingit to official agencies. 36 Existing Bill: Village gram sabha (residents assembly) makes proposals, government officials at district level decide. Recommendation: Matters will be decided in village assembly. In case of disputes, a higher body will make a recommendationon resolvingthe dispute. If the dispute remains, thena finalsettlementcan take place atthe district level. Both officials and non-officials will beinvolved. 1. First of all this process would prove to be very cumbersome and time consuming. It may take several years to complete. 2. Lookingto the present state of the Gram Sabhas,which are non participatory and exclusive innature, there is fear thatthepeople would not get justice but to the contrary the powerful and influential people willbenifit outof it. 37 Cut off date Existing Bill: 25thOctober 1980. JPCRecommendation: 13thDecember 2005. Ceiling limit onland claimed Existing Bill: 2.5 hectares per nuclear family. JPCRecommendation: No ceiling. 38 The law-abiding tribals and non-tribals of scheduled areas would consider themselves foolish and would follow the suit of non law-abiding villages immediately to rectify their mistake. From the peculiar behavior of JPC it appears that by the time parliament passes the bill the deadline could well be extended to March 2010 (or any date the parliament/JPC may consider appropriate). Thus, thanks to JPCas ithas created an opportunity for theinhabitants of schedule areas who were earlier deprived of encroaching the forestland. Now they can grab any amount of forestland any time as this act would be guaranteed by the lawmakers. Earlier encroachers should also not feel betrayed as removal of the ceiling beyond 2.5 ha also offers them anopportunity to bringmore and more forestland under their possession. The JPC was appointed after and in lightof the enormous controversies shroudingthe bill. The JPC submitted its report on analysis of various provisions of the bill on 23rd May 2006. Recommendations of the JPC constituted to review the proposed Tribal Bill, to extend the deadline of regularization of the encroachment and to remove the ceiling of encroachment.I would liketo discuss two related issues raised by the Bill, whichare as follows: 1. All the political parties (and perhaps many civil society organizations too) support this move of JPC as the matter is concerned to the rights of poor tribals. They all are sincerely committed to the cause of development of livelihood of the poor. Definitely poor tribals need resources for development. The forestland in the eye of lawmakers is the best resource, which upon transfer to individual tribal households would open treasures of fortune through farming on such lands. So far the forestlands have failed to regenerate through state action (some times with participation of locals too under JFM). It is hoped that transfer of rights to individuals may result in re greening of suchlands. 2. However if we sensibly analyze the situation from animpartial viewpoint the JPC's actionis to changethe status of forestland from commonto a commodity. A commodity to harness the individual benefits. As we all know, tribals had an intricate relationship with the forests, which is bit difficult to understand. Their farming systems are still undergoing a process of maturation from their hunting gathering life style. Degradation of the their surrounding environment is extremely severe. Consequently, the tribal households are unable to make their living out of agriculture and allied fields (includingforestry)and resort to wage labour. Most of the land under their (illegal?) possession or to be brought under possessionis severely degraded and is situated in the upper ridges. This land surely cannot bring prosperity to them by doing agriculture. Earlier experiences of the allotted land corroborate the fact that the allotted lands due to their bad quality were hardly of any help to the poor and the landless. Evenfor making this land able to produce some grass and other NTFPs after a few years, we have to investatleast Rs.15, 000.00 per hectare. So for making a patch of 2.5 hectare some useful a farmer has to invest roughly Rs.35, 000.00. Tribals are not even hand to mouth people.They would notbe able to make this investment at their own. We are not sure, whether along with the patta the JPC would also hand over a cheque of Rs. 35000.00 to the concerned people. The returns from such lands would entirely depend upon the individualmotivation and regular monitoring, whichappears bit difficult leading to pressure of migration on the tribal households. In addition, tribals rank the lowest in terms of the development indicators; the land allotment is not the panacea to pull them out from deprivation and ill governance in other spheres of development(say healthand education). Traditionally, the forest lands have existed as a common property resource where the people had well defined individual and collective rights. Initially after the independence when Forest department took over the control of Forests, the peoples stake in Forest management got weakened for quite some time. Nevertheless JFM programme emerged as an importanttool in reinstating the stake of peopleas shared responsibility and rightover forestland. There are fair number of examples where tribal community itself has taken initiatives and made the encroachers vacate the forest lands to bring it in the purview of JFM with the Forest Department. Now the JPC move leaves no scope for "Joint" Forest Management. Scope exists only for addressing individual rights at the cost of traditional and community ones. It is mandate of the governmentto bring33%of the total geographical area under forests. The JPC should declare this to be a foolishidea. 39 In today's politics, where palliatives have become the preference, the Tribal Bill does not seek to do anything different. What could have been a historic opportunity to address the issue of land governance in our country and building longterm community solidarity and stability around that is beingfrittered away. 40 Section 3 41 Issues After Forest Rights Act 2006 42 Ashish Kothari is the director of Kalpavriksha, a Pune based non-profit organisation. This key note address was delivered by him at the 8th Ummed Mai Lodha Award Ceremony on 12 th February 2007 at Vidya Bhawan Auditorium, Udaipur. I hesitate to begin,becauseI am both humbled and overwhelmed by the gathering today. Gatherings like this bringto the forefront the work occurring in all parts of our country by common citizens. While such activities are rarely reported in the media, they bringhope amidsv all the destructionand sad news one reads and sees everyday. Respected villagers, members of Shri Ummed Mai Lodha's family, my friends from Seva Mandir and other organisations, officers of theForest Department, and citizens of Udaipur... I am indebted to you, and especially to Seva Mandir for the opportunity to present my thoughts. I do not consider myself an expert, butit is the love of my friends from Seva Mandir which has brought me here today forthis occasion. Yesterday, I had the opportunity to visit Talai village with Bhise saab and see the work occurring related to JFM, forest protection, watershed, and pastureland protection. As I had mentioned earlier, any occasion to visit villages doing good work delights me because in India even today one can see a ray of hope. Today, the environmental destruction happening in India and all over the world leaves a pessimistic view of tomorrow. Pollution is rampant all across our cities. Some villagers still have access to pure resources. People, like us, who live in cities, have to breathe polluted air and we have to deal with water polluted to such an extentthat we must drink bottled water. There is, as well, the challenge facing us all today of climate change. Human activities have polluted the environment to suchan extent that the climate, created by nature, is also changing. It is raining when it should not be, and not raining when we need rains; summer temperatures are increasing while in Uttar Pradesh, the winter temperatures are decreasing at times when it should be warming up. These alterations are caused by changes occurring in the name of 'Development.' We all want to be developed; India wants to be called a developed nation; America, Europe and Japan are all known as developed - but what kind of development is this? What kind of development occurs at the expense of the forests, air and water on which our lives depend? The land both in India and abroad has been irrevocably changed as a result of development activities. The result is noticeable through mountains mined and devoid of trees (as seen on the way to Talai village); water so polluted that it is not drinkable or even fit for agriculture or washing dishes or clothes; in Pune, the resultant air pollution has increased so much in the last few years thatitfeels like someone has thrown acid into the atmosphere. It is not only our right to raise voices against such development, but also our responsibility to do work to save the environment. I am greatly inspired by all the work done by each one of the villagers honoured today and by what I have seenat Talai. The environmental loss occurring, affects the poor and the rural people the most. The wealthy can escape anywhere, any day; but because the villagers must remain where they are, they are impacted earlier and to a greater extent. It is therefore your right to fight against all the environmentally destructive activities and to question why your rights to a pure environment are beingtakenaway. Several organisations, including Kalpavriksh, are undertaking work similar to Seva Mandir - working with village communities - in different parts of the country. I willhighlight some successes- 43 The first is about two villages near Pune, Maharashtra named Ralegaon Siddhi and Diwre Bazar. Their names have become famous along withthe local worker Anna Hazare. In these two villages, the people haveaccomplished incredible feats by protecting the supply and storage of water within the village, constructing a check dam, achieving agricultural growth and productivity, as well as advances in health and education. The results are so encouraging that villagers who had previously migrated from the village are now returning to their villages. In fact, these villages have become so famous that they are now tourist attractions like Udaipur city. People want to know how this all happened? People want to be inspired and hear how people, formerly dependent on the government for water tankers, have been able to bring about suchdramatic changes inthelast twenty years? 44 Similarly inOrissa, people havebeenworking over the last10 to 15 years to protecttheir forests formingover 10,000 forest protection committees. The difference these efforts have made in forest coverage can be seen by comparing current satellite images with those from 25 years ago. The Van Utthan Sangh in Udaipur district is a federation of more than 100 villages. Also in this area, the 190 villages have come together on a platform, strengthening their ability to present their demands to the government and support and resolve disputes with one another. Another example is that of Nagaland; 10 to 15 years ago, despite the abundant forests, wild animals could not be found due to large-scale hunting. Today, 100 to 150 villages have come together, banned hunting by anyone in their villages, and declared acommunity-protected game sanctuary. The governmentplayed no role in this activism. In Andhra Pradesh, an NGO called the Deccan Development Society has prompted other successes. Its membership is primarily comprised of small farmers and womenfarmers, majority of whom belong to theDalitcommunity.This NGOhas initiated organic farming in 80 villages. Along with this change, they have revived the sustainable, traditional practice of utilizingseeds available athome - bajra, jowar, rice, wheat, etc. The increase in productivity is of such magnitude that they are supplying grains to the public distribution system. Today, local production has replaced wheat from Punjab in the ration stores,benefitinglocal farmers. I can spend the entire day providing examples from all over India. But more than these stories, I feel it is important to identify some of the importantchallenges facing communities like yours in the near future. The first issue is peoples' rights. If a road is constructed in Pune, I expect the government to speak with the local people to find out if a road is necessary and also the effects on the surrounding environment. Those, whose livelihoods are tied to the land and are concerned about its development, must have a right over the land. Recently the government has passed a regulation related to rights of scheduled tribes over forests. Over the last 55 years, it has been argued that tribal communities who have lived in the forest and cultivated the land for generations should be given back rights over such land. While the law is good, it hurts that people do not discuss the responsibilities that accompany such rights. If people have a right over the forest,thenthey must also have aresponsibility to protectit. Today the communities receiving awards, not only demand their rights to the forests, but also speak of the necessity to protect that land. They have led extraordinary efforts to prevent encroachment and destruction of their forests. But this is not the case all over the country. Few people speak about the responsibilities and this is the largest challenge confronting us. This challenge is more relevant as the law has now given rights over forests to forest people. The encroachment on forest land by outsiders and powerful villagers withinthese communities has made the situation more complicated. How will the communities respond to such situations? In states like MadhyaPradesh, Orissa, Chhattisgarhand Uttaranchal, there are several instances wherecommunities living in the forest for hundreds of years have been denied rights over the lands; while outsiders have encroached over the last five to tenyears and are continuing to do so eventoday with the hope that the new law will recognise their rights. But it is not enough to just make sure these people are given their recognised rights. Establishing a balance between our rights and responsibilities is a challenge in front of allof us. Along with this balance is deciding whether human beings have a greater right to the natural resources than the millions of other living beings on this earth. This is the next big challenge. During my visit to Talai, I did not feel that there was any space left for wild animals. There may be a few cheetah, rabbits, wolves and partridges in the forests protected by the villagers, but these numbers are much larger in the Phoolwari ka nal sanctuary, at Sariska and Kumbhalgarh. What is the reason for these differences? Have we taken over all the land available for our own usage? Is there even one hectare of forests available where apeacock candance peacefully? 45 Great work is being done in some villages. I often visit Alwar to see the work of Tarun Bharat Sangh. Here in a local village called Bhawata Kolyala, the villagers accomplished great successes in protecting the forest. Notably, they have declared some 800 hectares of forest as protected area, where their cattle are not allowed to graze. This forest is dedicated to the deer, tigers and cheetahs of the forest. I bring this example to you with the hope that communities engaged in forest conservation will decide for themselves that it is worthwhile to leave some part of theforests protected for wild life. 46 A third challenge is related to creating a wildlife corridor. The work of the forest protection committees mentioned previously in Orissa has created a forest patch rich in biodiversity. The 190 villages involved are all neighbouring villages, and their work has created a forest patch that looks like a necklace on land. This lush patch of forest helped create a corridor for the movement of wildlife which has increased the population. There are not similar projects in the villages of Udaipur where people are as involved in protecting their forests. Can neighbouring villages work with each other instead of on an individual basis? Can the Van Utthan Sonsh help join neighbouring forests just as it has brought neighbouring people together? AlthoughI am not aware of the conditions on the ground, I present a proposal inthe hope of creating a new corridor in this part of the country. The fourth challenge is about self-reliance. For decades we are used to depending on others for our development. If the government will not provide the help, then it will come from non-profit organisations like Seva Mandir. While we have been trained to expect that either the government or non-profit organisations will provide aid, is it not our right to stand on our own feet so we are capable of continuing our activities even when external institutions withdraw support? There are countless examples of villagers themselves successfully managing their own livelihoods, their own water and their own land resources. The final challenge is for residents of a village to come together and design a management plan for developingthe entire village. Many villages have management plans for their forests and water resources. Have all the villagers sat down together to discuss the amenities necessary for within the next 25 years? Just as the government prepares a plan for development, we need to do the same for the holistic development of the entire village. If the village is receivingirrigation water, we have to plan what crops to grow and how to improve productivity. If outsiders advise the usage of pesticides and chemical fertilisers, we need to consider the impact it will have on our water and soil and our forests. The repercussions of such actions need to be thoroughly evaluated and incorporated in our plan for overall village development. In conclusion, I would like to say that we urban people are the cause of most of the environmentaldestruction and yet are the ones who come to the villages and tell you what path of development to choose. It is not wrong for others to come and inform the villages of certain processes of development, but ultimately the villagers must take on the responsibility to decide the processes they want to adopt. The biggest challenge for villages is to create a new model of village development and to tell the governmentand others howthey can help you. Finally I want to congratulate the communities of Dulawato ka guda, Dhanodar, Karel, Amod, Chundawada, Raya, Parmada and Hansreta as well as Shrimati Ghisi bai, Shrimati Mani bai, Shri Kalaji, and Shri Lakhmaji who have been honored today. I want to thank you all for inspiring me with your work and to Seva Mandir for giving me the opportunity to behere today. 47 48 The Scheduled Tribes and other traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 received the assent of the President of Indiaon 29th December 2006. The Act was enacted to recognize the forest rights of forest dwelling scheduled tribes and other traditional forest dwellers on their ancestral land and habitat which were not adequately recognized at the time of consolidation of State Forests duringcolonialperiod as well as in independent India althoughthey were integral to the very survival and sustainability of foresteco-systems. The final version of the Act has incorporated many changes as suggested during the process of public comments on the draft Act. The Joint Parliamentary Committee constituted to review the draft Act made many recommendations, which find place inthe final version.The Act has already been promulgated. Some of the provisions had sparked intense concern. But of late the focus of civil society debate has been to consider the Act positively. There is a sincere attempt to move ahead and identify strategies for effective implementation. When the draft rules were published and feedback was solicited from civil society, Seva Mandir in collaboration with ARAVALI Jaipur held a consultation at Udaipur. This was attended by Govt, officials, especially from the Forest Department and NGOs. The recommendations determined through consensus were forwarded to the Ministry for consideration during the formulation of rules for better implementation of the provisions of the Act. This article lays down the salientfeatures of the Actand highlights some of the concerns on the draftrules which were raised by the participants. 1. Forest Rights are to be vested on members or community of scheduled tribes and other forest dwellers that depend on the forest or forestlands for bonafide livelihood needs but who need not exclusively or necessarily reside onsuch forests or forestlands. The definition of forest dwellers includes Scheduled Tribes pastoralcommunities. Other traditional forest dwellers (TFD) is defined as any member or community who has for atleast three generations prior to 13th December 2005 primarily resided onand who depend onthe Forest or forest land for bonafide livelihood needs. a) Right to hold and live in the forest for habitation and self-cultivation. But this right would be restricted to area under actual occupationand shallinno caseexceed anarea of four hectare. b) Community rights such as 'Nistar'. c) Right of ownership, access, collection, use and disposal of all minor forestproduce. d) Right for conversion of 'pattas' or 'leases' e) Right of settlement and conversion of forestvillages into revenue villages. f) Right of protection, regeneration & managementof community forests. g) Community rights to intellectual property. h) Right to 'in-situ' rehabilitation in cases where ST and other forest dwellers have been illegally evicted or displaced from forestland prior to 13th December 2005. 49 i) Other community rights of uses such as water bodies, grazing and access of nomadic and pastoralist communities. 3. Diversion of one hectare of forest land which do not involve felling of more than 75 trees per hectare for facilities like schools, dispensary etc with recommendation from Gram Sabha. The Sub Divisional Committee will scrutinize and forward the clauses to the District Level Committee. The Sub Divisional Committee willhavepower to hear appeals on the decision takenby Gram Sabha. 4. 50 5. The District Level Committee will finally approve the record of past rights whose decision will be final. It also has the power to hear appeals onthedecisions takenby Sub Divisional Committee. 6. There is aState Level monitoringCommittee. 7. Rights recognized in critical wild life habitats of National Parks and sanctuaries may subsequently be modified or resettled, provided that no forest right holder shall be resettled before consent of Gram Sabha for the proposed resettlement has been obtained in writing. No resettlement shall take place until facilities and land allocation at the resettlementlocationis complete as per promised package. The major concernexpressed, was regarding proper implementationof the provisions of the Act especially with regard to the right for self-cultivation and habitation and the role of Gram Sabha. Concern was also shown regarding the area under tree cover recommended by the previous National Forest Policy of 1988 vis - a - vis the provision of the current act that rights have to be accorded to scheduled tribes and other forest dwellers who are in occupation of forest land prior to 13thDecember 2005. If this criterion for forest land distributionis followed, considerable forest area would be released for cultivation and habitation, which would further decrease the area under forests. Scattered regularization was felt as an additional threat to forest vegetation. To minimize this threat suggestion was incorporated in draft rules in the definition of bonafide livelihood needs . The definition allowed for the felling and sale of timber for meeting sustenance needs. It was felt that such right should be limited to consumption needs of right holders and not for sale. The draft rules had incorporated right of sale of forest produce for sustenance need. It was suggested that this right should be limited only to sale of minor forest produce. Similarly, sale and quarrying of minerals should also be not included in the category of sustenance needs. To avoid scattered areas of forest land from being released for self cultivation, it was suggested that a function of the Gram Sabha should be to negotiate with the claimants. They could either disown the existing claim on forest land in favor of fulfilling community needs or in favor of maintaining ecological stability, or compensate the claimants by recommending right on alternate forest land within the jurisdiction of Gram Sabha. The claimants may be accommodated in forest chunks where majority of claimants have been allotted land for agriculture under the provisions of the Act. The Gram Sabha should also have authority to recommend settling such claimants on fringes of forestland as selected by them. This would ensure proper management of remaining forest area and the scattered claimants would also be able to benefit from development activities pursued in these newly released forestareas designated as revenue villages. The suggested draft rules for diversion of upto one hectare of forestland for construction of school, Anganwadi etc was also discussed and it was felt that this should be the last resort. Such development needs can be met in the same forest areas, whichare released for cultivationand are to be declared as revenue villages. Minor forest produce are the source of livelihood for tribals and other traditional forest dweller communities. It is a right step thattherights for access, collection, use and disposal has been given under theprovision of the Act for all minor forest produce. But it was felt that disposal or sale by individual gatherers should be permitted for all minor forest produce excluding bamboos and patta Tendu for which sale or marketing should be done through co-operatives or registered Forest Protection Committees under approved micro plans. It was also suggested that wherever rights to certainminor forest producehave been specifically restricted onsilvi-cultural grounds, suchrestrictions should be continued. According to the rules, the pastoralists have to submit their claims to individual Gram Sabha. Discussion centered on the fact that the pastoralists pass through many States, Districts and Panchayats. As such it would be difficult for them to file 51 their claims with State Level Committees who would take further action for verifying their claims under the jurisdiction of different Gram Sabhas.It was felt thatimplementation of this provisionwas difficultand needed further deliberation. The draft rules provide penalties for offences by members or officers of authority or committees formed under Act but no penalty or punishments is provided for contravention of duties like protectionof wild life, forests and biodiversity etc. This needs to beincorporated inthe rules. 52 The Act states that it should be implemented in addition and not in derogation of the provisions of any other law for the time being in force. It was felt that someclarification inrules was needed to understand the implications of already existing Acts like Indian Forest Act, Forest Conservation Act 1980, Wildlife Conservation Act and the provisions made there in which may defeat the entire purpose of thenew legislation. As a follow up to the Udaipur-levelconsultation, a few of the importantrecommendations were forwarded to the Ministry for inclusion as rules to be enacted for implementation of provisions of the Act. We are not sure whether they will find favor with the policy makers. However, the outcome of the consultation process was that NGOs of the region have become familiar with the provisions of the Act; they would perhaps take an active role in its implementation; and help in making the Gram Sabha members understand their role in implementation such that people residing in the forest get their due rights as envisaged intheAct. Empowering Communities for Forest Governance S.N. Bhise and Vivek Vyas - March 31, 2008 53 4. Rights for conversion of pattas or leases or grants on forest land. 5. Conversion of all forest villages into revenue villages. 6. Right to protect, regenerate or conserve or manage any community forests resource which they have been traditionally protecting. 7. Right of access to biodiversity or community right to intellectual property. 8. Right to in-situ rehabilitationincluding alternative land where scheduled tribes or traditional forest dwellers have beenillegally evicted without receiving legal entitlement to rehabilitation prior to 13th day of Dec 2005. The vesting of forest rights under this Act, with respect to forest land shall be subject to the condition that the scheduled tribes or other traditional forest dwellers had occupied forest land before 13thday of December 2005. 54 The Forest Rights Committee of each Gram Sabha after recovering the above referred claims will examine the claims, look into the evidence, visit and survey the site, demarcate, and then would put its recommendation for the claims before the Gram Sabha. The Gram Sabha would then approve/disapprove the claims and would forward them with their recommendation to the Sub-Divisional Committee who in turn would send it to the District Level Committee who would finalize the claims. The District and Sub-Divisional Committees are supposed to raise awareness through workshops and other means and sensitize officials and the public, and members of Gram Sabha about the provisions of the Act. After the Act and Rules came into force, the Rajasthan state government initiated activities at the Panchayat samiti level to initiate and plan implementation of the provisions in the field. The first step was the election of Forest Rights Committee (FRCs) through the general assembly of the Gram Sabhas, who would be receiving claims of forest rights from the residents of the concerned Gram Sabha. The forest department is supposed to play the role of a watchdog as well as facilitator, givenits role in the various Sub-Committees who shall preside over the crucial decisions being made at various junctures. 55 an essential requirement so that eligible claimants will get their due rights. Need of the hour is that people should also be made aware about theconcept of land use wherein the decisionabout defining the classification of land should be based on, firstly, the land capability and, secondly, the subsistence needs of the population. For e.g conversion of land-use pattern of the upper reaches of a hill from forest land to agriculture land might not yield much to the tiller and might end up damaging the ecology and watershed health of the region. Thus in a nutshell the focus would be on capacity building of members of Forest Rights Committee on the right interpretation and implementation of the Act for making it community friendly. 56 This includes supporting Gram Sabha and Forest Rights Committee to settle claims as per their vision giving specific reasons for approval or rejection - this may include negotiation with claimants who claim land with low ecological capability and/or scattered patches and reallocate them on other suitablesites which may be against the provisions of Act but will be in the interest of forest wealth and ecology. This might involve decisions which rationalize or balance community land use and individual stakes. This also might require working on an action research mode to optimize the decisions made so that they incur minimal ecological damage and at the same time are able to settle community/individual rightful claims. Thus in a nutshell ideally our focus shall be on land use planning for the whole village taking the use of forest lands as CPRs for the coming generation. Therefore the approach suggested is to go for a balanced win-win model (livelihood security and conservationof ecology - not oneat the cost of theother). Finally, we would like to evolve a roadmap for dealing with all the land use related issues in the future and guidelines for claim settlement. This would also include supporting the Gram Sabha in solving inter-village conflicts. Conflict Resolution can be based onproven methodologies and participatory exercises like PRAs and RRAs to make collective decisions about the veracity of the claims. We also propose 'continuous dialoguing' as a guiding principle instead of for confrontation which would only widen the gap between the enactors and the beneficiaries. One of the major learnings can be through Process documentation of these activities, in few villages/regions, so that they may be replicated/emulated. About the Authors 57 Seva Mandir a secular, not-for-profit organization is working for the empowerment of tribal communities in Rajasthan, in Western India. Seva Mandir works with nearly 600 village communities with interventions in Education, Natural Resource Management, Village Institution building, Women's Empowerment and Health and Early Child Care. More than 70,000 households are associated with Seva Mandir's activities. Seva Mandir, www.sevamandir.org Old Fatehpura, Udaipur, 313004 Rajasthan, India Ph: +91 294 2450960 / 2451041 Fax: +91 294 2450947 email: [email protected]
© Copyright 2026 Paperzz