Never ending legend.
Long time back a conversation with my
tribal friend Vasanth about forest land made me perplexed. The question was
that “we measure our land that is cultivated in terms of its yield and the
Forest department allocates the land in terms of cents, acres etc. which we do
not understand and measure the forest in that way, so can the issue be
resolved?” the remedy for the historical mistake is finding its way in Forest
Rights Act, 2006 (FRA). But the varied perceptions of the administration are
making the situation more and more complex and further alienating the tribals.
Basically the Forest conservation Act premise is that 33% of land area should
be under forest cover (Indian Forest Policy, 1952) which will be under threat
due to this Act and for this reason the delay took place in implementation.
Revenue Department, Forest Department in the country hold maximum land and the
tussle between these departments is existing from their inception stage and
which will not be resolved. And in between them comes Tribal welfare Department
in the implementation of the Act.
Convergence rarely found in enacting the law
is leading to a state of confusion and ambiguity. Surveys and resurveys have
become a perennial task because of the perceptional differences. The Act states
rights for the people in three different modes, individual pattas on land which is cultivated by individual families. Community
pattas, on land which is commonly
used by the entire community and for other forest dependents like grazers, non
timber forest produce collectors etc. in reality ACT never entails rights to the communities
these are only privileges and concessions. And all the rights reside with
forest department strengthening the erstwhile Acts.
When we look into the times of
yore reasons for creation of laws reveals the accession of rights from the
tribals. The 1855 , first forest policy monopolized the timber species as state
property which was furthered by the 1865 Forest Act in controlling the forests,
In 1866 forest department was formed. In1876 traditional rights of tribals were
taken over by the state. 1894 Act strengthened the claws of the colonials and
in the name of public purpose tribals where thrown out to the fringes and
became aliens within their domains. In Post independence era they were
portrayed as encroachers. The 1952 national forest policy in the post
independence followed the footsteps of erstwhile. Voluntary settlement and
reclamation of podu lands is beneath this policy.1980 forest conversation Act
stated non conversion of forest lands to any other purpose.1972 wildlife
conversation Act promulgated ban on hunting and squashing the spirit of tribal
culture who are surviving on hunting and food gathering. Carrying of implements
like bow and arrow are projected as offence. 1988 national forest policy came
with a motive of communities’ participation in forest management. Respective
states have drawn some provisions and concessions for the tribals over timber
and Non Timber Forest Produce (NTFP), which seldom saw the light even after two
decades.
Indigenous management
Shifting or Podu
cultivation is watershed in human civilization by domesticating land for food
production and a shift from previous mode of living which still exists in many
parts of the world. The shifting cultivation or podu was done in two ways, on
the hill top and plains which is termed as konda (hill) podu and Chelaka
(plain) podu. The culture of the tribals revolve around the hill cultivation .Both
the forms of cultivation involve community participation. Presently the
practice of shifting has declined due to various factors and these forms of
cultivation have become almost permanent forms but the culture and traditions
woven around them still prevail. In hill cultivation organic methods are
adopted. Forests were never considered as an individual property by the Tribals’
and utilization of forests was ecologically complimentary and symbiotic. The management practice created space for
individuals, groups who are dependent on fuel, fodder, NTFP etc and community
utilization. Which was an integral part of the management, the dissection
started with sectoral departmental management and created conflicts among the
communities which still prevail in different forms for accession over the domains.
The dissection continues in the FRA which dismantled the existing social
fabric.
The cliché of
development
The conflicts between different stake holders (user groups)
of the forest emerge due to rights, accession over the resources. These are historically evident and surfaced
during Joint forest and community forest management period due to categorizing
and specifying the rights to specific villagers and denying the accession to
other dependents. The accession, rights on forest resources were created based on
economic and social strata of the community, strengthening the social
stratification. And even to this date breaking this discrimination is a major
tussle. Rather solving the course FRA furthering it in terms of bifurcating
through the stratification of users. The decision of identification of these
users was laid in the hands of gram sabha but the Forest Department has formed
the Forest committees at Panchayat level in Andhra Pradesh (A.P). The Panchayat
Raj extended to Schedule areas (PESA) were not found in spirit and action at
the ground level. Hence the power of identification still relies in the hands
of the department and it successfully identified the people and even issued the
entitlements. Which were not to the expectations of the community. Large chunk
of villagers haven’t got the benefits. Muvalla Muttaiah from kodu tribe of
Bondaanguda of Padmapuram Panchayat, Araku mandal of Vishakhapatnam dist says
that “we are aware of the Act and aspiring to get the rights for peaceful
living and awaiting for it”. Ministry of Tribal Affairs, GOI. (31-10-2010), reports
that Andhra Pradesh state that total claims received were 3, 29,858. 3, 22,955 Individual and 6,903
community claims. Total area -14, 44,049(acres) and distributed
1, 67,582 including 1, 65,482-Individual
and community-2,100. Majority of entitlements were given to women and
many villagers are waiting for the entitlements. But to dismay in the areas of wild life
protected areas, potential mining zones, construction of dams’ areas the
entitlements are denied. And without the implementation of FRA the projects are
cleared.
A.P. Tribal welfare dept. report states that except in
Vishakhapatnam the distribution is accomplished, analysis of villages of
Marripalem, Maddulabandi, Iridapalli, Karakaput and D.Gonduru of Paderu mandal
of Vishakhapatnam dist state that 107 claims are disbursed and 106 are women. The
worst victims of resource degradation are women and they are first ones in
forest conservation igniting from mundane activities from household chore to
the global strata. And after years of struggle the forest lands are in the
hands of women but development is curtailed due to lack of spirit. Sanamma of Kothragondi of Araku area of Vishakhapatnam
states that “women are more capable than men and manage household responsibility
and the resource” and hopes to get the entitlement and wishes development of
the land The future course of this act has dyadic dimension, individual
land and community forest development
inclusive of taking in consideration of other forest dwellers interests.
The melancholy of forests comes to an end only with a
perceptional change in the management systems, which requires an amalgamation
of traditional and modern systems of management and niches landmark in forest
conservation with women’s headship. This sews a sea change in socio, economic and
political fabric of society.
(3-7-2012)
