Implementation of Scheduled Tribes and Other Traditional Forest

Implementation of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act, 2006 And Sustainable Livelihood In Chhattisgarh Mudit Kumar Singh I. F. S Chief Conservator of Forests (Land Management) & Managing Director –Infrastructure Development Corporation Raipur, Chhattisgarh

Team Members 1. Shri Manoj Kumar Pingua, Secretary, Tribal Development, Raipur 2. Shri M. S Paraste, Commissioner, Tribal Development, Raipur 3. Shri Anbalagan, Collector, Bastar, Jagdalpur 4. Shri Ankit Anand, Collector, Jashpur 5. Shri C. S Tiwari, Divisional Forest Officer, Jashpur 6. Shri P. Nihalani, Dy. Secretary, Revenue Department, Raipur

Chhattisgarh State At A Glance § Geographical Area 1, 35, 224 Sq. Km. § Forest Area 59, 772 Sq. Km. (44%) § Forest Type Sal and Teak § Forest Cover - 8% of Forest cover of India 3 rd largest Forest Cover in India § Protected Area - 02 National Parks ` - 08 Wild life Sanctuaries 01 Biosphere Reserve (Achanakmar) - 03 Project Tiger Areas

Recognition of Forest Dwellers Rights Act - 2006 Salient Details Chapter - II Chapter 6 Chapters Preliminary Definitions Forest Rights Relaxation of 13 development activities from FCA under section 3(2) (upto 1. 000 ha. subject to less than 75 trees) - III - Recognition and conduct of General Body - IV - Authorities and Procedures for Vesting of Forest Rights - Constitution of Gram Sabha, Village level, Sub Division, District and State level Committees - V - Offence and Penalties - VI - Miscellaneous - Tribal Ministry / Department is nodal agency - Forest Department has been active facilitator

Recognition of Forest Dwellers Rights Act - 2006 q Total Applications received in Chhattisgarh State (Phase - I) (On Forest land Revenue Forest land) • Scheduled Tribes - 3, 49, 976 • Other Traditional Forest Dwellers - 1, 37, 356 - 4, 87, 332 Total q Forest Rights Certificates – Individual Rights Distributed Rejected • Scheduled Tribes - 2, 100 - 1, 39, 876 • Other Traditional Forest Dwellers - Total Community Rights - 2, 14, 668 Received - 4736 Distributed - 775 4, 568 - 1, 32, 788 2, 72, 664

Recognition of Forest Dwellers Rights Act - 2006 In Forest Area q Approx. 1. 83 lakh applications received From Forest Area q Upto 24. 10. 1980 ü Total No. of Persons - 50814 ü Area - 55420. 518 ha. q Distribution of Recognition Certificates (31. 05. 2012) Year No. of Persons Area (Ha) Upto 1980 34891 38479. 803 After 1980 till Dec. 2005 69191 76332. 404 104082 114812. 207 Total

District wise Forest Dwellers Rights Distribution Upto 31 -05 -2012 Sl. No. District No. of Applications No. of Received Accepted Applicants 1 Korba 12238 7850 2 Raigarh 3819 1122 3 Janjgir 2200 754 4 Bilaspur 8394 6307 5 Bastar 38766 26969 26117 6 Dantewada 5582 2217 7 Bijapur 1143 890 8 Raipur 11835 7009 9 Dhamtari 11166 9321

District wise Forest Dwellers Rights Distribution Upto 31 -05 -2012 Contd… Sl. No. of Applications Received District No. of Accepted No. of Applicants 10 Mahasamund 6238 2480 11 Durg 711 396 12 Rajnandgaon 12493 4066 13 Kabirdham 4288 2585 14 Surguja 32036 17483 15 Korea 13286 4710 16 Jashpur 6164 1912 17 Kanker 10539 6457 6340 18 Narayanpur 2777 2523 183675 105051 104082 Total

Details of Naxalite Affected Districts Total Claims Received (No. ) Total Claims Disposed (No. ) Total Title Deeds Distributed (No. ) Bijapur 1143 890 Dantewada 5582 2217 Bastar 38766 26969 Kanker 10539 6457 6340 Narayanpur 2777 2523 Rajnandgaon 12493 4066 Surguja 32036 17483 103336 60605 59636 Districts Total

Distribution of Individual Certificates in the Second Phase Sl. District Claims Received Claims Approved Claims Under Rejected Distributed Process 1 Jashpur 35072 4161 30911 1300 2861 2 Balrampur 7288 5410 1878 5410 00 3 Kawardha 724 00 4 Koriya 00 00 00 5 Kanker 571 415 156 415 00 6 Mahasamund 1387 00 00 00 1387 7 Korba 1282 00 00 00 1282 8 Raigarh 4869 1029 3840 1029 00 9 Kondagaon 10743 00 00 00 10743 10 Narayanpur 341 00 00 00 341 11 Sukma 4214 00 00 00 4214 12 Surajpur 29944 00 18582 00 11362 96 92 04 92 00 13 Dantewada

Distribution of Individual Certificates in the Second Phase Contd… Sl. District Claims Received Claims Approved Claims Rejected Claims Distributed Under Process 14 Bilaspur 8189 1245 6944 1245 00 15 Dhamtari 2270 626 547 626 1097 16 Balod 1654 87 1567 87 00 17 Bijapur 2958 2477 481 2477 00 18 Jagdalpur 3249 00 19 Ambikapur 43980 3928 19816 3928 20236 20 Mungeli 956 274 682 274 00 21 Gariyaband 5096 1951 3145 1951 00 22 Rajnandgaon 00 00 00 23 Baladabazar 10 10 00 24 Durg 00 00 00 25 Bemetara 00 00 00 26 Raipur 00 00 00 27 Janjgir 195 00 00 Total 165088 25678 88748 22817 53523

Update regarding Distribution of Individual Certificates Sl. District Claims Received Claims Approved Claims Rejected Claims Distributed Under Process 1 Jashpur 48391 7715 40676 4854 2861 2 Balrampur 7288 5410 1878 5410 00 3 Kawardha 10092 5164 4928 5164 00 4 Koriya 26824 6643 20181 6643 00 5 Kanker 28728 18708 10020 18708 00 6 Mahasamund 17786 5420 10979 5420 1387 7 Korba 47649 24674 21693 24674 1282 8 Raigarh 25522 5385 20137 5385 00 9 Kondagaon 72120 37944 23433 37944 10743 10 Narayanpur 3118 2523 254 2523 341 11 Sukma 15583 2703 8666 2703 4214 12 Surajpur 75246 10115 53769 10115 11362 13 Dantewada 23065 11588 11477 11588 00

Update regarding Distribution of Individual Certificates Sl. District Contd… Claims Received Claims Approved Claims Rejected Claims Distributed Under Process 14 Bilaspur 63049 17525 45524 17525 00 15 Dhamtari 13515 10337 2081 10337 1097 16 Balod 3055 871 2184 871 00 17 Bijapur 6383 4775 1608 4775 00 18 Jagdalpur 50583 29485 21098 29485 00 19 Ambikapur 65109 15506 29367 15506 20236 20 Mungeli 8575 3274 5301 3274 00 21 Gariyaband 19557 11345 8212 11345 00 22 Rajnandgaon 17779 5824 11955 5824 00 23 Baladabazar 8173 3599 4574 3599 00 24 Durg 00 00 00 25 Bemetara 00 00 00 26 Raipur 00 00 00 27 Janjgir 2395 754 1641 754 00 Total 659585 247287 361636 244426 53523

Status of Community Rights Certificate Sl. Districts Claims Received Claims Approved Certificates Distributed 1 Sarguja 379 11 11 2 Koriya 98 56 00 3 Bilaspur 100 59 59 4 Korba 00 00 00 5 Jashpur 489 00 00 6 Jagdalpur 2649 976 7 Durg 33 00 00 8 Janjgir 00 00 00 9 Raigarh 00 00 00

Status of Community Rights Certificate Sl Districts Claims Received Claims Approved Contd… Certificates Distributed 10 Rajnandgaon 08 08 08 11 Kabeerdham 00 00 00 12 Raipur 00 00 00 13 Mahasamund 00 00 00 14 Dhamtari 298 79 79 15 Kanker 213 180 16 Dantewada 479 579 100 17 Bijapur 00 00 00 18 Narayanpur 00 00 00 4746 1948 1413 Total

Initial Efforts by State Government q Massive Awareness campaign q Booklet in Hindi of Act and Rule and Pamphlets distributed till Panchayat level q Joint Forest Management Committees involved at grass root level q Field training imparted - from frontline staff upto DFO’s and District Administration officials

BPL Survey for Forest Right Certificate holders Family S. No. District Name Total Forest Right Certificate holders Target for houses Allocation No. of Families in which BPL Survey being carried out No. of Families in which BPL Survey completed No. of families eligible after survey 1 Baster 64180 4486 34035 32744 & 2 Bilaspur 9806 7616 12401 & 3 Dantewara 11496 3926 9491 7945 & 4 Dhamtari 9321 1584 5452 4181 5 Durg 784 600 599 265 6 Janjgir-Champa 754 332 324 7 Jashpur 3554 3200 3883 2865 179 8 Kawardha 2585 2030 3282 2512 1668 9 Korba 24674 2530 11859 10507 7935 10 Koria 6699 2188 7500 4960 & 11 Kanker 17831 2020 15259 5638 3966 12 Mahasamund 5420 3248 3794 3309 & 13 Raigarh 4352 3299 2753 & 14 Raipur 12855 7626 7751 7517 7084 15 Rajnandgoan 5832 3256 5585 2658 16 Surguja 28764 9256 24568 14482 17 Bijapur 2298 4692 2500 1200 18 Narayanpur 2523 1846 2921 870 & 213728 63000 156704 133049 43942 Total : -

Operational Challenges in Implementation of Amendments to Forest Rights Act 2006 q Discontent for two important reasons– The rights over forest land recognised but on adjoining non-forest lands (ghaas, pahaarchattan) rejected – 10 year old encroachment by ST recognised but more than 50 year old possession of land by OBC’s and other non-tribal rejected

Implementation Bottlenecks Contd… q Conversion of Forest Villages into Revenue village q Chronology of Events 1. Sept. 1990 Government of India decision and Mo. EF Circular dated 18. 09. 1990 2. Nov. 2000 SC Decision and Mo. EF Circular dated 10. 03. 2004 - No dereservation of forests 3. Forest Right Act, 2006 – Related Important provisions Section 2(f) Section 3(1) (h) Section 4(1) - “ Notwithstanding anything contained in any other law for the time being in force” Section 6

Implementation Bottlenecks Contd… Section 4(7) – “ The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the FCA, 1980 Section 13 - Provision of this Act shall be in addition to and not in derogation of the provision of any other law for the time being in force. • This provision is apparently in conflict with section 4(1) and 4(7) of the Act. • In the absence of appropriate enabling provision for dereservation of forest villages in FRA, 2006, Section 3(1) (h) has become ineffective.

Implementation Bottlenecks Contd… Issues need to be clarified for effective implementation of section 3(1)(h) of the Act • Whether the procedure for diversion / denotification of forest land under FCA, 1980 applicable to conversion of forest village in to revenue villages in view of section 4(1) and 4(7) of the FRA, 2006 • Whether the term “Conversion”, as used in FRA, 2006, be construed as dereservation / denotification of forest villages under the FCA, 1980 • Conversion without change of legal status of forest village / dereservation makes the provision infructuous and defeats its very purpose

Implementation Bottlenecks Contd… • As per prevailing legal interpretation, an Act supersedes all preceding court judgments, FRA, 2006 provides for conversion of forest villages which naturally involves in change of legal status (dereservation) of such forest land otherwise purpose of preamble will be defeated • Hence, section 4(7) of FRA 2006 should be interpreted as superseding Hon’ble SC’s judgment dated 13. 11. 2000 on the above subject • So far, the provisions of FRA, 2006 have not been challenged before the Hon’ble SC • No progress has been made with regard to implementation of the relevant provisions of the Act • Therefore, Mo. TA which is the nodal Ministry for the implementation of FRA, 2006 should, in consultation of Mo. EF, issue clear cut guidelines on this point

Implementation Bottlenecks Contd… Other Issues • Standing Trees are not to be cut on the right holders land - Need to provide clear direction • Houses not to be built on such Forest Land – if so, guidelines be issued • When talk of Traditional Right, then provision should be to prevent fresh encroachments also - Flooding of encroachment attempts by groups on forest land as a fall out. Hence it can not be an open ended policy • Rejected Rights – No clear cut guidelines • Funds for Boundary demarcation – required for Survey, Pillars

Operational Challenges in Implementation of Amendments to Forest Rights Act 2006 q After amendment [2(iii)(d)], right of collection, processing, value addition, transportation and sale of NTFP to be given as community rights – Will exclude non tribal community engaged in this activity from participating in NTFP collection activity depriving them of income and important source of livelihood – Forest cooperative Societies that undertake collection of nationalised NTFP and other NTFP’s will be excluded from the activity – Vanopaj Sangh (MFP Coop. Fedn. ) that undertakes this activity at present, through 913 Primary Collectors’ Cooperative, having 13 lakh members will be non functional – Direct sale of NTFP by the community would allow the intermediaries to creep in the business and therefore depriving the tribals of the benefit of better price that they get when the Vanopaj Sangh does the procurements

Operational Challenges in Implementation of Amendments to Forest Rights Act 2006 q The amendment [2(i)(b)], recognises the right of “forest rights holder” to transport mechanically and sell to the third party the excess forest produce collected from the forest area over which his / her rights have been recognised. This would promote interest groups to illegally collect forest produce in the name of “forest right holder”. q Further, since the nistaar rights of each ST member has already been recognised where they can collect and sell excess NTFP by use of their individual human labour, there is no imminent reason to let them sell the excess produce collected through mechanized means to the third party. This would lead to unsustainable exploitation of forest

Operational Challenges in Implementation of Amendments to Forest Rights Act 2006 q After amendments [5(i)(f)], forest department is mandated to act upon the recommendations made for protection and management of forest by the committee constituted for the purpose by Gram Sabha, and incorporate such recommendations in its micro-plan and working plan. This may not be technically tenable and if incorporated may adversely affect the working plan prescriptions which is specially prepared for the sustainable management of the forest

Operational Challenges in Implementation of Amendments to Forest Rights Act 2006 q After amendments [5(i)(g)], proceeds from sale, issue of transportation permit, processing etc. of NTFP would accrue to the community and expenditure of such proceeds would be decided by the community. Since the “community” does not included other OBC and General category villagers, it will deprive them from further participating and earning their livelihood from such activities

Operational Challenges in Implementation of Amendments to Forest Rights Act 2006 q The amendments [12(9)] mandates the incorporation of Forest Rights in revenue and forest records but does not lay down processes for it. q In light of Supreme Court directions, it is prohibited to record any posession in remarks column of the revenue records

Innovation & Best Practices • The State has so far received 6, 59, 585 applications in two phases, against which 2, 44, 426 has applicants have been distributed Forest Rights Certificates • Out of the 2, 44, 426 title deeds distributed, spouses have been made coapplicant in more than 1, 52, 000 title deeds • More than 20, 200 title deeds have been issued in the names of women alone • More than 10, 000 title deeds have been distributed among the PVTGs • A total area of more than 2, 15, 600 hectares of forest land has been distributed • Extensive and massive awareness campaigns and special drives for increasing awareness level regarding documentations process was held between 15 th of January to 15 th of February 2012 • Special camps were organised in PVTG areas of the State and claims obtained from eligible PVTGs

Innovation & Best Practices • Special drives to enable the rejected applicants to produce ample proof in support of their claim has been organised. Such claimants have been informed in writing and provided a time period of 60 days to resubmit their application along with proper documents, from the date of receipt of such notice • Gram Sabhas and other agencies engaged in the drive have been equipped and trained to facilitate generation of more community rights claims • Clubbing some family oriented schemes in the Agriculture sector like providing seeds insecticides and pesticides with the Forest Rights Act and shall bring in more schemes into the ambit of the FRA • Gram Sabha have been asked to pass resolution to the effect that all claims forest rights have been obtained and settled in their jurisdiction area • Free distribution of seeds and fertilizers to Forest Right Certificate holders

Livelihood Generation Increased NTFPs Collection

Stop Dam

Diversion Canal

Solar Pumps

Efforts by State Government q Chhattisgarh has top position in implementation of this Act q As per finding of Chairman Go. I Committee on Forest Rights Act - corrective steps taken and instructions issued to field officials regarding – - Community Rights – 1413 nos. - Informing applicants about rejection to enable them for appeal q Withdrawal of Po. R and Court cases related to encroachment on forest lands of title holders q Initiation of developmental works under MNREGA in such areas for individuals and cluster basis q Teams visited from Kerala, Maharashtra, Jharkhand, West Bengal, UP

State Specific Issues for Clarification Rights of Forest Dwellers and S. F. M CRITICAL ISSUES Developing Withdrawal Strategy (1) Conservation and Protection of Forests § Sustainable management possible only when resource is protected / maintained § Honeycombing of land titles in forest area due to in-situ recognition of right of cultivation has made protection of forest difficult § Encouragement to further encroachments (2) Sustainable Management and regeneration of NTFP § No regulations on collection & trade of Non-Nationalised MFP § Over exploitation to get maximum economic benefits § Lack of knowledge of sustainable harvesting techniques § Urgent need for comprehensive policy on procurement of MFP at MSP by Go. I as in case of agriculture crop § Need for comprehensive policy on collection and marketing of NTFP

Map showing Honeycombing in Forest Rights Settled Forest land Area

Constraints Forest Land Forest Right Settled Land Forest Land Honeycombing on Forest Land

INTERVENTIONS TO ADDRESS CRITICAL ISSUES Interventions by the Govt. 1. For Protection & Conservation of Forests § Find out a way to deal with Honeycombing of forestland with titles of land for cultivation § Settlement on forest fringes or elsewhere is needed § Set reasonable cut off date for application for recognition of Rights under FRA § It should not be an open ended programme § Policy level modifications to check further encroachment 2. Sustainable Management & Regeneration of NTFP § Regulation on collection and trade of non-nationalised NTFP for sustainable harvesting § Comprehensive policy of purchase of MFP at minimum support price § Support development of institutional framework for collection and marketing of NTFP's § Standardization of sustainable harvesting techniques through R&D and with the help of local knowledge § Working Plans to give emphasis on regeneration of NTFP and their Sustainable harvesting § Emphasis on eco-service management in Working Plans for SFM

Interventions To Address Critical Issues Interventions by the Civil Society 1. For Protection & Conservation of Forests § Need to appreciate the field reality regarding prevention of future encroachments. Public Awareness regarding conservation and protection of forests needs to be enhanced by NGO's 2. Sustainable Management & Regeneration of NTFP § Development of sustainable harvesting technique § Education of forest dwellers on sustainable harvesting of NTFP, market prices and marketing 3. Development of in-situ settlements of Forest Dwellers § Capacity building of forest dwellers 4. Conservation of Wildlife § Educate people regarding wildlife conservation needs along with their rights 5. Role of Media in Conservation § Very important because of its capacity to influence masses § Dainik Bhaskar campaign for "Water Conservation" and NDTV campaign for environment and wildlife conservation are important

Conclusion § Sustainable Management of forests resource requires not only peoples’ involvement but social acceptability and economic stability § § § Forest Right Settlement pragmatic step to settle traditional forest dwellers BUT It should not be an open ended programme Gram Sabha to certify that no eligible Right holder is left to be settled

Conclusion § Contd… Public Awareness regarding conservation and protection of forests needs to be enhanced by media, public representations and NGO's § More stress need to be given on income generating activities § Dhamatari Model of CG is classic example of fringe forest area development § C&AG should also focus on Policy implication while auditing and financial activities development objectives need to be co-related with

Tentative Action Plan for Implementation Post amendment • Development of Monitoring Plan for following up on recognition of rights of PTG and Pastoralist by 30 th October 2012 • Constitution of committee under 4(1)(e) by 30 th November 2012 • Strategy finalisation for covering uncovered hamlets / habitations by 30 th October 2012 • Awareness Generation of Gram Sabha on recent changes from 2 nd October to 15 th October 2012 • Capacity Development of FRC’s from 2 nd October to 15 th October 2012 • Recording of individual and community rights from 16 th October to 30 th November 2012 • Updating of revenue and Forest records by 31 st March 2013

LET FORESTS LIVE FOREVER