Citizens' Report 2013
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democratizing natural resource governance Citizens' Report 2013 On COMMUNITY FOREST RIGHTS under FOREST RIGHTS ACT By Kalpavriksh & Vasundhara In collaboration with Oxfam India An output of Community Forest Rights Learning and Advocacy Process (CFR LA) Edited by- Shiba Desor CREDITS Knowledge Partner Oxfam India CFR-LA Project coordination Tushar Dash (Vasundhara), Ashish Kothari, Shiba Desor and Neema Pathak Broome (Kalpavriksh) Report compilation and editing Shiba Desor Co-editor Anuradha Arjunwadkar National Overview Shiba Desor Detailed Case Studies Baiga Chak (Dindori, Madhya Pradesh) Shiba Desor BRT Wildlife Sanctuary (Karnataka) C. Madegowda, Nitin Rai and Shiba Desor Jharkhand Ambika Tenneti Maharashtra Milind Thatte and Neema Pathak Odisha Ranjita Pattnaik and P. K. Mohanty Rajasthan Juned Khan and Shiba Desor About the organisational affiliations of various authors/contributors Kalpavriksh Ashish Kothari, Neema Pathak Broome, Shiba Desor, Anuradha Arjunwadkar Vasundhara Tushar Dash, Ranjita Pattnaik, P. K. Mohanty ATREE, Bangalore C. Madegowda and Nitin Rai Vayam Milind Thatte Society for Promotion of Wasteland Development Juned Khan Komal Independent researcher Ambika Tenneti TABLE OF Contents S. No. Contents Page No. Acknowledgements 6 List of Abbreviations 7 Summary 9 A Introductory Section 10 1 Introduction 11 B National Overview 16 2 Policy Update 17 3 Implementation Update 25 C Detailed Case Studies 40 4 Baiga Chak, Dindori, Madhya Pradesh 41 5 BRT Wildlife Sanctuary Karnataka 50 6 Jharkhand 58 7 Maharashtra 66 8 Odisha 78 9 Rajasthan 90 D Issues and Recommendations 96 10 Persisting Issues 97 11 Recommendations 105 Annexures 111 FAQs about CFRs 111 Main features of FRA rules Amendment 2012 113 Bibliography 115 Glossary LIST OF FIGURES 1. Salim Desar Node, a pastoralist of the Maldhari community in the Banni grassland of Kachchh (Ashish Kothari) 2. A stone engraved with the special provisions for the Mundari Khuntkatti Villages under the CNTA 1908. Recognition of rights under this act has led to reluctance in many villages of the Khunti district of Jharkhand to claim CFRs. (Ambika Tenneti) 3. Baiga women of village Pondi (in Dindori district, Madhya Pradesh) which has received recognition of community forest rights (Ashish Kothari) 4. There is local opposition to coupe felling in many villages of Baiga chak region, Dindori district, Madhya Pradesh (Ashish Kothari) 5. The banni grasslands of Kachchh where Maldharis are trying to have their grazing rights recognized (Ashish Kothari) 6. Bamboo auction by a Gram Sabha in Odisha (Chitta Ranjan Pani) 7. The ancient Hatkeshwar temple in Chasole Village, Thane district of Maharashtra, which lies within the submergence zone of Kalu drinking water project (Shiba Desor) 8. Baiga women of village Pondi, Dindori (Ashish Kothari) 9. A discussion on the post-recognition scenario of forest governance in the village of Ranjara (Dindori district, Madhya Pradesh) (Ashish Kothari) 10. Soligas in a village of BRT Wildlife Sanctuary, Karnataka (Ashish Kothari) 11. Sal leaves collected and stored for use as fuel in village Bucha Opa of Ranchi district, Jharkhand (Ambika Tenneti) 12. One of the 7 sheets of map of community forest resource of Chaingada village, Ranchi which has claimed CFRs but recognition is pending (Ambika Tenneti) 13. The site of construction for the Kalu drinking water project on river Kalu, near Thane district, Maharashtra (Shiba Desor) 14. Map of Community Forest Resource of Kamatana village of Kandhamal District (prepared by Dr. Sricharan Behera and Jitendra Sahoo) 15. Villagers of Umri (present in core of Sariska Tiger Reserve) who have been relocated to Maujpur Roondh, in a discussion on problems being faced after relocation (Vinay Nair) 16. A discussion on community forest rights and relocation in village Kraska of Sariska Tiger Reserve in Rajasthan (Vinay Nair) LIST OF TABLES 1. A chronology of general letters by MoTA issued in 2012-13 for better implementation of FRA1 2. Status of CFRs as on 31 Mar 2013, as reported on the MoTA website 3. State-wise information on FRA status in North-eastern states 4. Details of claims for CFRs and titles granted in Jharkhand 5. Details of district-wise CFR claims and title distribution in Jharkhand 6. Nature and area of rights given under CFR in various districts of Jharkhand 1This excludes letters issued specifically in the context of FRA compliance in forest diversion 4 7. CFR data as presented by Tribal Commissioner's office during the State level CFR workshop held in Mumbai on 22 January, 2013 8. District Wise Status of Community Claims and Titles in Odisha 9. CFR implementation in Odisha – A Comparative Table (From 31.03.2012 to 31.03.2013) 10. Sub-pirhas of the Juang Pirha 11. CFR information for districts of Rajasthan LIST OF BOXES 1. Rights specifically related to conservation and protection of community forest resource 2. State Circulars on NTFP Governance 3. Inconsistent approach to FRA reflected in FAC minutes 4. Why Mundari Khuntkatti villages are not claiming CFRs 5. CFR status in villages of Palamu Tiger Reserve CFR claims rejected in a village of Kumbhalgarh wildlife Sanctuary 5 ACKNOWLEDGEMENTS Report Compilation team (Shiba Desor and Anuradha Arjunwadkar): We would like to thank all members of the CFR-LA process, as the information and discussions exchanged on the list-serve and during various meetings have hugely contributed towards the preparation of this report. We are also grateful to the case study authors and the many local forest dependent communities that have given inputs to the various detailed case studies. Special thanks to Ashish Kothari, Neema Pathak, Tushar Dash, Meenal Tatpati and Sharmistha Bose for their comments and contribution. We would also like to acknowledge the support of our knowledge partner Oxfam for the publication of this report. Baiga Chak in Dindori district of Madhya Pradesh (Shiba Desor): I am grateful to Balwant Rahangdale of National Institute for Women Child and Youth Development (NIWCYD) and Ashish Kothari for facilitation of the study. I would also like to thank members of Jungle Adhyayan Mandal and people of villages Dhaba, Pondi and Ranjara for their hospitality and for sharing their experiences with us. BRT Wildlife Sanctuary in Karnataka (C. Madegowda, Nitin Rai and Shiba Desor): We would like to thank Sanna Madegowda, C.Madappa, Konuregowda, Mahadevaiah, Sanna Rangegowda, D. Mahadeva, and Bedegowda. We are grateful to the organisations of Zilla Budakattu Girijana Abhivruddhi Sangha, SAS, VGKK and ATREE for their support. Jharkhand (Ambika Tenneti): I greatly appreciate the valuable guidance of Sanjay Bosu Mullick of Jharkhand Jungle Bachao Andolan (JJBA) and Tushar Dash of Vasundhara. I am also grateful to Xavier Kujur, Sr. Pushpa Toppo, Alister Bodra, Paulus Hemram and Suryamani Bhagat, all of JJBA, Father George Monipally of CSD, Dr Neeraj Kumar, Bobhash Chandra and Dinanath Sah of SATHEE (Society for Advancement in Tribes, Health, Education, Environment), Godda, Mr PNS Surin, Sharat Singh, Dr Ramesh Sharan, Rashmi Katyayan and Bineet Mundu as well as all the villagers who were present at the various meetings. I am thankful to Mr Dipak Singh, IFS, Special Secretary, Welfare Department, Mr A K Rastogi, IFS, Special Secretary and Director Land Acquisition Revenue and Land reforms Department and Mr Shashi Nandkeolyar, IFS, Conservator of Forests (Headquarters) O/o Principal Chief Conservator of Forests, Jharkhand and DWOs of Dhanbad, East Singhbhum and West Singhbhum and SDO of Ranchi for their time and discussion. I wish to thank Father Gregory of Tribal Research and Training Centre, Chaibasa and Moulika for the use of the library facility. I would also like to acknowledge valuable comments from Neema Pathak and Shiba Desor on the study reports. Maharashtra (Milind Thatte and Neema Pathak Broome): We are grateful to the community members, civil society organisations and all others who contributed towards this study either by providing direct information or through interviews. We are also grateful to Vrikshamitra, Jnanaprabodhini, Srishti, Aamhi Aamchya Aarogyasathi, Gram Aarogya (all in Gadchiroli), Vidarbha Nature Conservation Society (Nagpur), Khoj (Melghat), Ankur Trust, Shramik Kranti Sanghatna, and Sarvahara Jan Andolan (all in Raigad and Ratnagiri) Lok Sangharsh Morcha and Rashtriya Adivasi Adhikar Manch (both Nandurbar), Kashtakari Sanghatna, Shramik Mukti Sanghatna, and Vayam (all in Thane) for their valuable suggestions, time and active support to this study. Odisha (Ranjita Pattnaik and P.K. Mohanty): We are thankful to Tushar Dash & Dr. Manohar Chouhan for their intellectual input during the preparation of the report. We would like to acknowledge the contribution of Dr. Sricharan Behera & Jeetendra Kumar Sahoo of Vasundhara (for the Kandhamal study); Odisha Jungle Manch (OJM), Sudhansu Sekhar Deo & Chitta Ranjan Pani of Vasundhara (for the study on Jamuguda, and Kalahandi); Aurobindo Rout of Regional Centre for Development Cooperation in Bhubaneshwar (for Rayagada); Odisha Jungle Manch (OJM) and Sudhansu Sekhar Deo (for the study on Budhikhamari, Mayurbhanj); Zilla Bhumihin Sangrami Parishad, Deogarh (for Deogarh study); and Primary Fishermen Cooperative Society of Hadagarh, Dr. Manohar Chouhan and Sankar Prasad Pani (for Hadagarh, Keonjhar study). Rajasthan (Juned Khan and Shiba Desor): Special thanks to Sarfaraz Shaikh, Richa, Chandralal Angari, Mangilal Gurjar (Astha Sanstha), Bhanwar Singh, Ramesh Nandwana, Priyanka Singh and Shailendra Tiwari