Warrant for Indian forests - Nanditha Krishna

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"Michel Danino"

<michel_danino> wrote:

[A very clear article, please circulate it widely. Michel]

 

http://www.newindpress.com/sunday/sundayitems.asp?

id=SE120050623075656&eTitl

e=Development&rLink=0

 

New Indian Express

Sunday June 26, 2005

 

Warrant for Indian forests

Nanditha Krishna

 

 

The Ministry of Tribal Affairs tabled a Scheduled Tribes (Recognition

of

Forest Rights) Bill 2005 at the end of the last session of

Parliament. No

politician would prefer the environment to a voter and the Marxists

are

rooting for it, so the bill will sail through, unless civil society

objects

and raises the issues that will affect our survival.

 

The proposed Bill contravenes the Indian Forest Act of 1927, Wildlife

Protection Act of 1972 and Forest Conservation Act of 1980 and debars

the

application of these Acts. This means that there will be no more

statutory

protection for forests and wildlife.

 

The rights given by the Bill are vast and endless, including the

right to

grazing and to disputed lands; conversion of pattas, leases and

grants on

forest lands to titles; and conversion of forest villages into revenue

villages. The Bill provides for settlement of land rights on forest

lands in

perpetuity. There are already several court cases over pattas granted

by

former rulers.

 

Under Chapter 3 (4) (j), the tribals are given access to

biodiversity. This

is totally against the provisions of the Biodiversity Act of 2002 and

would

permit the felling of trees or even hunting of animals, including the

tiger.

 

The biggest problem is the proposed distribution of 2.5 hectares of

forest

land per nuclear family, according to Chapter 3 (4). The concept of a

nuclear family is non-existent among tribes. The Bill also permits

the land

to be used for habitation or self cultivation for livelihood needs.

This

means that it can be cleared for agriculture or house construction.

How long

would it take an enterprising businessman to build a resort in the

tribal's

name, claiming both habitation and livelihood needs? It has been done

elsewhere in the country.

 

Forests constitute only 20 percent or 68 million hectares of

India's

land,

of which less than 17 percent has thick forest cover. India's

stated

policy

is to increase forest cover to 33 percent. This Bill will do the

opposite.

India's tribal population is about 83 million. Thus about 60

percent

of

India's forest land will be lost.

 

Forests are the subject of the Ministry of Environment and Forests.

The

Ministry of Tribal Affairs can only frame laws for tribals and has no

authority to give rights on forest land. Several tribes are not

forest-dwellers, but will still be eligible for 2.5 hectares of

forestland.

Land is a fixed commodity in a country with a growing population. This

meagre natural resource should not be distributed to one section of

society.

 

The large-scale destruction of forests would lead to the disruption

of the

nutrient cycle and water harvesting regime, risking the food and water

security of the country. The rivers of India originate in the forest.

The

forests are also the watershed for our wetland systems. Destruction

of the

forests will only deepen India's water crisis.

 

The role of forests in checking pollution and protecting the

environment in

this era of industrialisation will be completely eroded. This

principle has

been completely ignored. The Bill is in total contravention of the

universally recognised principle of ecological integrity.

 

Several non-tribal communities live in the forests, but the Bill is

silent

about them, hence discriminatory. The Bill is also silent about

landless

tribals occupying forest lands. Distribution of forests lands does not

necessarily mean development. West Bengal has an excellent record of

land

distribution, but very poor social and economic indices.

 

Certain duties to protect wildlife, forests and biodiversity have been

enjoined on the tribals. But, like the Indian Constitution, these

duties are

merely guidelines, not obligatory.

 

Working extensively with the tribes of the Nilgiris — the

Kurumbas,

Kotas,

Irulas, Paniyas and Todas — for over 20 years, I am happy that

their

existence is finally being recognised. They need help to get out of

poverty

and improve their lives. They also have great knowledge of the

forests. But

we must not romanticize tribals. After all, India was once all

forest, and

all her habitants were tribals. Over the centuries, tribal communities

became food producers — farmers, traders, priests, warriors and

more.

Many

of our so-called Scheduled Tribes are no longer tribals: they do not

live in

social groups of families who share their resources and possessions,

an

essential attribute of a tribe. Do either Ajit Jogi of the Congress or

Babulal Marandi of the BJP live in tribal communities?

 

To believe that all tribes are equally caring of the forests is

naïve. The

deforestation of the North East is going on with the active

connivance of

the local tribes. After their conversion to Christianity, they lost

their

bonding with the forests, the sacred groves once occupied by the

spirits of

their ancestors and their ancient gods of Nature. The lands leased

out to

the Todas were sub-leased to tea estates and timber and land

contractors.

Many tribes are known to be guides for poachers, for they know the

forests

intimately. Like people anywhere, there are good tribals and bad

tribals.

 

Tribals need livelihoods, not a licence to be exploited by the land

and

timber mafia and corrupt officials who alone will benefit by this

Bill.

Distribution of land to tribals would result in land mafias coming

into play

to grab the land for commercial ventures. It would be appropriate to

study

the fate of the people to whom land has been allotted by the

Government in

the past. It will be a perfect set up for unimaginable corruption and

an

opportunity for the exploitation of natural resources by powerful

killers

and crooks.

 

There are better methods to fulfil tribal needs. The Joint Forest

Management

should be strengthened and tribals should have equal access to

benefits

accruing from the forests, now enjoyed exclusively by the State Forest

Departments. There should be reservation for tribals in certain

categories

of jobs like watchers, forest guards, VAOs, etc. which require more

skill

and less education. Preference should be given to tribals in those

categories of jobs which require higher educational levels, such as

forest

officers. While no tribal must be forced out of forest land, those

tribals

who would prefer to move out of forest areas (and believe me, many

do) must

be rehabilitated on good, productive revenue land.

 

The regulatory authority, according to the Bill, will be a Gram Sabha

to be

set up among the tribals. But the Gram Sabha is a political body and

cannot

take cognizance of an offence.

 

India no longer has the luxury of vast forests. Encroaching villagers

poison

tigers and kill elephants. They conduct ex-nawabs and film stars on

shikars,

grab lands for farm houses and resorts and fell trees for money. The

meagre

20 percent must be protected at any cost, even if it means cordoning

off

forests from human interference.

 

This Bill will be catastrophic for Indian forests. It will endanger

wildlife

and give a free licence to the timber and land mafia. It will make a

mockery

of the Wildlife Crime Bureau proposed by the prime minister. If there

are no

forests, where will the tiger and other wildlife live? We are already

suffering from poor rainfall, water shortage, low soil fertility,

pollution

and depletion of natural resources. Our children are taught that we

need

forests to survive. The Tribal Bill gives the licence to destroy the

environment in one stroke. It is up to society to speak out, to

demand the

Prime Minister's protection for India's forests and wildlife,

which

he swore

to defend when he took the oath of office.

 

The author is Director, C P R. Environmental Education Centre

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