Deeper Roots of HISTORICAL INJUSTICE Trends and Challenges in the Forests of India Ramachandra Guha • Nandini Sundar • Amita Baviskar • Ashish Kothari • Neema Pathak • N. C. Saxena • Sharachchandra Lélé • Don G. Roberts • Smriti Das • K. D. Singh • Arvind Khare THE RIGHTS AND RESOURCES INITIATIVE RRI is a global coalition of 14 Partners and over 120 international, regional, and community organizations advancing forest tenure, policy and market reforms. RRI leverages the strategic collaboration and investment of its Partners and Collaborators around the world by working together on research, advocacy and convening strategic actors to catalyze change on the ground. RRI is coordinated by the Rights and Resources Group, a non-profit organization based in Washington, D.C. For more information, please visit www.rightsandresources.org. PARTNERS SUPPORTERS This publication was made possible with support from the International Development Research Centre (IDRC). The views presented here are those of the authors and are not necessarily shared by the agencies that have generously supported this work, or all of the Partners of the Coalition. Cite as: Rights and Resources Initiative. 2012. Deeper Roots of Historical Injustice: Trends and Challenges in the Forests of India. Washington, DC: Rights and Resources Initiative. Deeper Roots of Historical Injustice: Trends and Challenges in the Forests of India Published in 2012 by Rights and Resources Initiative Washington, D.C. Copyright © 2012 Rights and Resources Initiative All rights reserved. Reproduction permitted with attribution. ISBN 978-0-9833674-5-1 Cover photo by Society for Promotion of Wastelands Development (SPWD), India Cover design by Lomangino Studios Typeset by Publications Professionals, LLC Printed and bound in the USA on Forest Stewardship Council certified paper Table of Contents Acknowledgements . v Prologue . .. vii Samar Singh 1 . The Past and Future of Indian Forestry . 1 Ramachandra Guha 2 . Violent Social Conflicts in India’s Forests . 13 Nandini Sundar 3 . India’s Changing Political Economy and its Implications for Forest Users . 33 Amita Baviskar 4 . Conservation and Rights in India . 47 Ashish Kothari Neema Pathak 5 . Forest Policy in India . 79 N. C. Saxena 6 . Economics Incentives for Forest Management . 101 Sharachchandra Lélé 7 . Globalization and its Implications for the Indian Forest Sector . 125 Don G. Roberts 8 . Pressure for Conversion of Forestland to Non-Forest Uses in India . 159 Smriti Das 9 . Forests, Farms and Trees . 235 K. D. Singh Epilogue . .. 259 Arvind Khare iv Deeper Roots of Historical Injustice Acknowledgements THE STRENGTH OF THIS BOOK lies in the intellectual vigor of the authors. Each one of them is a recognized authority in his/her field and it is gratifying to note that they brought their intellectual rigor to bear in the productions of this comprehensive new narrative on key trends and underlying drivers of develop- ments in India’s forests and possible future scenarios and challenges for the sector. We are grateful to them for their contribution, as well as their patience, when delays in the publication of this volume were beyond our control. The chapters within were discussed in a conference which RRI jointly orga- nized with Indian National Trust for Art and Cultural Heritage (INTACH). The leadership of INTACH, particularly Mr. S. K. Mishra and Mr. Yogendra Narayan, then Chairman and Member Secretary, provided their unyielding support for the success of the conference. Mr. Samar Singh, then Senior Advisor at INTACH was instrumental in designing, executing and managing this conference. Without his efforts it would have been impossible to assemble the key people responsible for the forest policy processes in India. Mr. V. B. Eswaran, Chairman of the Soci- ety for Promotion of Wastelands Development (SPWD), Mr. A. K. Mukherjee, former Director General of Forests, Dr. Sunita Narayan, Director of the Center for Science and Environment, Dr. Gabriel Campbell, former Director General of ICIMOD, and Dr. Ishwari Das of INTACH all ably presided over various seg- ments of the conference. We are grateful to them for readily sharing their time and knowledge with us. A very frank assessment of the current situation of forests was provided by Mr. Suresh Prabhu, former Minister for Environment and Forests of India and we gratefully acknowledge his contribution to the deliberations. vi Deeper Roots of Historical Injustice It is almost impossible to think of this book in absence of the generous support provided by IDRC. IDRC not only provided the financial support, but actively participated in the intellectual deliberations during the course of this study. It is impossible to recount the contributions of each individual, particularly those who enthusiastically participated in the conference. But we know that we are indebted to them. Andy White Coordinator Rights and Resources Initiative Washington DC Prologue IT IS WELL RECOGNIZED THAT forests and other living natural resources are being depleted or destroyed rapidly, while human demands and pressures are ever growing and intensifying, and the capacity to conserve and manage these re- sources is proving to be very inadequate and ill-organized. In India, the situation is further compounded by the fact that a very sizeable number of the poorer peo- ple are concentrated in the forested regions, especially in the central and eastern parts of the country, and their legitimate claims as well as subsistence needs can- not possibly be wished away. These forest areas are also rich in minerals and water resources and are increasingly becoming lucrative destinations for domestic and foreign investments. The complexity and dynamics of the situation is unleashing forces and trends that are shaping social, economic and political developments in and around the forest areas. In other words, the forest landscapes in India are now witnessing the major challenge of how to harmonize the path of rapid economic growth with the ability to cope with complex social problems. Looking to the future, it is apparent that the competition over land, water, and forest resources will become fiercer, thereby further exacerbating the conflicting claims between economic development and peoples’ rights, and between inclu- sive growth and limits to growth. Climate change policies, in response to pressure on India to reduce carbon emissions, will further impact the way the forests are managed, including the rush to tap into carbon and bio-energy markets. The high hopes generated by the passage of The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 have been blunted be- cause of tardy implementation on one hand and inadequate policy response by the state on the other. The fact is that policies relating to forests are now firmly embedded in other sectoral policies and development policy in general. viii Deeper Roots of Historical Injustice It is to track all these trends and developments in India’s forest sector that the Rights and Resources Initiative (RRI) deserves all appreciation for tapping into the large reservoir of knowledge and analytical skills of some leading In- dian scholars and experts with their range of disciplines, experiences and per- spectives. This is evident from the think-pieces put together in this volume, in which the various authors take a critical look at the trends that have shaped de- velopments in India’s forest sector over the past two decades and the underlying drivers of these trends. They analyze key actors, institutions, laws, policies and politics – and unravel the interplay between the factors that influence the direc- tion of economic development, govern models of industrialization, determine the nature and status of civil rights, shape different conservation models, and sway policy responses. It is necessary to add that the think-pieces contained herein were initially presented at the Conference on Indian Forestry: Key Trends and Challenges held in New Delhi on 5 – 6 March 2009, which was also a laudable initiative of RRI in collaboration with the Indian National Trust for Art & Cul- tural Heritage (INTACH). Despite the delay in its publication, this book will hopefully inform the future discourse on India’s forest policies, mainly because it deals with the larger forces that shape the role and actions of the various actors. It is also hoped that the con- tents of the book will help in shaping the forest sector in India that ensures the integrity of forest ecosystems along with the need to harmonize the development aspirations of the poor and provides a stake to the rural communities in the tra- jectory of economic growth. – Samar Singh Samar Singh served in the Indian Administrative Service for nearly four decades before retiring as Secretary to the Government of India. His assignments included, among oth- ers, serving as Member Secretary of the Indian Board for Wildlife chaired by the Prime Minister, Member Secretary of the Court and Executive Council of Forest Research In- stitute and Colleges, and Member Secretary of the National Land Board and National Commission for Conservation and Development of Land Resources in India. He also worked on deputation as Secretary General of the World Wide Fund for Nature-India. Singh has authored numerous books, including “Conserving India’s Natural Heritage” and “The World Charter for Nature.” He currently serves on the Board of the Foun- dation for Ecological Security and Society for Promotion of Wastelands Development and is associated with several other conservation bodies. He is the Recipient of ‘Order of the Golden Ark’ - an international award for exceptional work done in the field of nature conservation. 1 The Past and Future of Indian Forestry RAMACHANDRA GUHA Right by Cherabandaraju I will not stop cutting down trees Though there is life in them I will not stop plucking out leaves Though they make nature beautiful I will not stop hacking off branches, Though they are the arm of a tree Because— I need a hut (translated from Telugu by C.