National Research Study on Implementation of Forest Rights Act in Neighboring States of Odisha
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National Research Study on Implementation of Forest Rights Act in Neighboring States of Odisha Sch. Castes & Sch. Tribes Research and Training Institute (SCSTRTI), Bhubaneswar (2013) i National Research Study on Implementation of Forest Rights Act in Neighboring States of Odisha Sch. Castes & Sch. Tribes Research and Training Institute, (SCSTRTI), CRPF Square, Bhubaneswar – 7510003 Email: [email protected] / Website: www.scstrti.in Phone/Fax: (91674) 2563649 & 2561635 With Support From: VASUNDHARA FES, Regional Cell-East A/70, Saheed nagar VIP- 130, Ekamra Vihar Bhubaneswar- 751007 IRC Village, Nayapalli Email: [email protected] Bhubaneswar- 750015, Odisha Website: www.vasundharaodisha.org Tel: 0674-2554498 (O), +91 9437232123 (M) / www.fra.org.in Request Fax: 0674-2354947 Phone/Fax: (91674) 25420112542012, [email protected] ii Acknowledgements For providing Financial Assistance and Administrative Support: ‹ Dr. Hrushikesh Panda, IAS, Secretary, Ministry of Tribal Affairs, Government of Odisha, New Delhi ‹ Shri Sanjeeb Ku. Mishara, IAS, Commissioner-cum- Secretary, SC&ST Development Department, Government of Odisha, For Conducting Field Work and Preparation of Draft Report: ‹ Vasundhara, Bhubaneswar ‹ Foundation for Ecological Security (FES), Regional Cell – East, Bhubaneswar For Extending Help and Cooperation in Field Work and Data Collection: ‹ People of the study villages from Andhra Pradesh, Chhatisgarh and Odisha ‹ Mr. Rajat Kumar, Collector, Korba, Mr. Thakur Ram Singh, Collector, Bilaspur, Mr. N.S. Mandavi, Collector, Dhamtari, Ms. Sharda Verma, Deputy Director, Tribal Welfare Department, Mr. S. Venkatachelam, DFO, Kathgora Forest Division, Mr. H.K. Pandey, DFO, Bilaspur Forest Division, Range Officer, North Singpur Forest Range, Dhamtari division, Secretary, Navrachna Samaj Sevi Sanstha, Secretary, Rachna Manch, Chhattisgarh, ‹ Centre for People’s Forestry, Hyderabad, Dr VNVK Sastry, Ex-Director of Andhra Pradesh Tribal Research Institute, Prof. M Gopinath Reddy of Centre for Economic and Social Studies, Hyderabad, Dr P Sivaramakrishna of SAKTI, an NGO working on forest rights in Andhra Pradesh, Mr Rajesh Mittal, Special PCCF(FS), AP Forest Department, Mr R M Giridhar Rao, District Tribal Welfare Officer, Kurnool of Andhra Pradesh, iii ‹ Mr. Birabara Nayak, Banabasi Chetna Mandal, Keonjhar district, Mr. Sachin R. Jadhav, Collector, Koraput, Ms. Rashmita Panda, Sub Collector, Koraput, Mr. Tuku Barik, PA, ITDA, Koraput, and Mr. Balwant Singh, Collector, Keonjhar, Mr. Pratap Chandra Hota, Sub-Collector, Keonjhar, Mr. Umakant Nayak, PA, ITDA, Nityananda Das, ADWO, M.s. Rasmita Mohanty, Asistant R.I, Banspal R.I Circle, Dilip Kumar Sahoo, Forester Suakathi and Purna Chandra Sahoo, DWO of Dhenkanal District, and Narahari Sethi, Sub- Collector, Kamakhya Nagar, Dhenkanal from Odisha. For Tabulation, Compilation and Analysis of Data and Preparation of Draft Report: ‹ Rana Roy, Vasundhara ‹ Subrat Kumar Nayak, Vasundhara ‹ Pradeep Mohanty, FES ‹ Barna Baibhaba Panda, FES ‹ Niharranjan Mishra, Vasundhara ‹ Swapneswar Dehuri, Vasundhara For Critical Review and Improvement of Draft: ‹ Trilochan Sahoo, OSD, SCSTRTI ‹ Dr. Mihir Kumar Jena, FES ‹ Ms. Madhu Sarin, Independent Researcher ‹ Mr. Kundan Kumar, Assistant Professor, University of Toronto For Extending Research Input, Library Support & Secretarial Assistance: ‹ All Dy. Directors, OSD (R ), AD (Admn.) & Asst. Director (R ), SCSTRTI ‹ Mr. Mohit Kumar Samanataray, Librarian, SCSTRTI ‹ Gobinda Chandra Sathua, Sr. Asst., SCSTRTI ‹ Kamaraj Acharya, Sr. Asst., SCSTRTI Prof. (Dr.) A.B. Ota, IAS iv DIRECTOR, SCSTRTI v RESEARCH TEAM Guidance and Supervision: ñ Prof (Dr.) A.B. Ota, IAS, Director, SCSTRTI, Bhubaneswar & Project Director ñ Trilcohan Sahoo, Officer on Special Duty, SCSTRTI, Bhubaneswar & Nodal Officer Field Study Coordinators: Tushar Dash, Vasundhara & Meena Das Mohapatra, FES Study Team Members of three States: 1 - Andhra Pradesh Pradeep Mohanty, FES Barna Baibhaba Panda, FES 2 - Chhattisgarh Rana Roy, Vasundhara Niharranjan Mishra, Vasundhara (In collaboration with Navrachana, (NGO) based at Bilaspur, Chhattisgarh) 3 - Odisha Subrat Kumar Nayak, Vasundhara Pradeep Mohanty, FES Barna Baibhaba Panda, FES Swapneswar Dehuri, Vasundhara Report Compilation: vi Rana Roy & Subrat Kumar Nayak, Vasundhara; Barna baibhaba Panda & Pradeep Mohanty, FES vii FOREWORD Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or in short, the Forest Rights Act (FRA), 2006, is one of the most important and popular Entitlement based laws ever enacted in India favouring the tribal and other traditional forest dwellers’ rights over forest land. The Rules for implementing the Act was framed in 2008 and further amended the Rules in 2012. The enabling provisions contained in the FRA seek to redress the historical injustice done to the forest dwelling people whose rights had not been legally recognized and recorded and who were denied their traditional rights to forest lands and resources in legislations prior to FRA. In spite of the lofty aims of the Act, recognition of the rights of the forest dwellers to live in the forest and use its resources as well as making it a duty for the forest dwelling communities to protect, regenerate, conserve and manage forest resources sustainably, there have been critical shortcomings in their implementation. The benefits of the Act have not been realized by the target communities to the level of expectation. In this context critics and questions arise how to identify the gaps between the set objectives of FRA, and ground realities of its implementation. Are the benefits of the FRA accessible to the marginalized? Are the later aware about the Act and know how to realize their rights? Is the Institutional mechanism properly in place to take forward the implementation strategically and in a process guided manner so as to extend access to goods and services? Is there any good practice for replication? What are the critical concerns? Are there any remedies for those? Possibly, the exploratory research findings have some answer to these questions. On the whole to look at the implementation of the FRA, 2006 and to analyze its impact on the poor STs and marginalized and to identify the hindrances in FRA implementation the SCSTRTI, Bhubaneswar commissioned a National Research Study on Implementation of Forest Rights Act in Neighbouring States of Odisha. This research study was conducted in 2012-13 in three neighbouring states; Andhra Pradesh, Chhattisgarh and Odisha with financial support from Ministry of Tribal Affairs, GOI, New Delhi, and ST & SC Development Department, Govt. of Odisha, and Technical supports from Vasundhara and Foundation for Ecological Security (FES), Bhubaneswar on outsourcing basis. viii The study report is in draft stage. It has been organized into 5 Chapters. Besides, there are contents, bibliography, Annexures and photographs section. ‘Chapter- I’ deals with Introduction, ‘Chapter-II’ provides literature review and Chapter III discusses research methodology, ‘Chapter-IV’ presents a comparative analysis and study findings and synthesis, and the last but not the least, ‘Chapter-V’ recommends suggestions for effective implementation of FRA. The report is based on primary sources of data collected through field investigation at the study villages and interview with members of different SDLCs, DLCs and PRI representatives and Official of ST Development Departments, Forest and Revenue departments, and case studies. Available secondary sources of information were consulted and incorporated assessing their relevance in the context of study. The report presents some interesting findings in shape of good practices which could be replicated and gray areas that could be readdressed. The study looks at some good practices in the states of Andhra Pradesh, Chhattisgarh and Odisha subsequent to the FRA Amendment Rules, 2012. Mostly, these States have followed up with reconstitution of Forest Rights Committees. There has been considerable progress on recognition of individual rights. The state of Odisha retains its top rank in the country in distribution of titles to individuals under FRA. In Odisha special sensitization training for all concerned officers were done though the SCSTRTI. The district administration in Kandhmal and Mayurbhanj with active involvement of civil society organizations followed a model process for delineation of customary boundaries of the community forest resources, which helped expediting the recognition of CFR. The Government of Chhattisgarh has taken a progressive step of issuing genealogy certificates to local communities as a proof of period of residency in a particular area for facilitating evidence especially for OTFD claims and decided to consider all rejected claims afresh. Andhra Pradesh government made good use of technology (GIS) in demarcating individual and community areas with near accuracy level. On the contrary, the study highlights critical areas, like inadequate awareness on FRA provisions at the Forest Rights Committee level, Gram Sabha and PRI functionaries level as a major stumbling block in proper implementation of the FRA. Recognition of community rights, PTG habitat rights and rights over seasonal landscapes of pastoralists and nomadic communities has not been encouraging. Active participation of women in FRC and the rights recognition process is found abysmally low. In all the study states, there have been procedural lapses with regard