The Campaign for Survival and Dignity (CSD), an outfit which struggled for the very enactment of the historic Forest Rights Act (FRA), 2006 in the country and working for its effective implementation in the State, alleged open violation of the FRA by the State Government.
In its “Critical Observations Report on FRA Status” submitted to the Chief Secretary and Union Minster of Tribal Affairs, the CSD informed that it is going to hold a protest rally in Bhubaneswar on June 5.Welcoming the Supreme Court’s judgment on Niyamgiri on April 18 upholding the Gram Sabha’s supremacy in taking final decision whether mining would be undertaken in Niyamgiri hill, the outfit asserted that this is a test case for the whole country.
Criticizing the recent decision of the State Government to hold Gram Sabha only in 12 villages (5 villages in Kalahandi and 7 villages in Rayagada), the CSD alleged that it was a violation of the the Supreme Court’s verdict and a direction of Union Minister of Tribal Affairs VK Chandra Deo categorically mentioning that Gram Sabhas should be held in all the villages depending upon their forest areas.
The power of the empowered and authorized Gram Sabha has been hijacked. The CSD alleged that most of the Forest Rights Committees (FRC) (47, 389) have been formed in revenue villages and not in the forest habitations. The FRCs were also supposed to be formed in revenue hamlets in the scheduled V areas. There is no information whether all the (FRCs) have been reformed as per amended Forest Rights Rules, 2012, the CSD report said.
The State Government bypassed the 2/3 quorum of the Gram Sabha during implementing the FRA and followed the same provisions in the Panchayati Raj system. Many FRC members are not aware of their membership. Most FRCs do not have their own registers to maintain their records and file the claims received.
The FRC members were not trained on their role and responsibility. The field verification power of the FRC/Gram Sabha has been hijacked by the SDlC leading to gap in the actual land under occupation and land claimed and land issued in the titles. Claims of Other Traditional Forest Dwellers (OTFD) duly approved and recommended by the Gram Sabha and sent to the SDlC was rejected by SDlCs and DlCs. Claims filed over reserved forest and duly recommended by Gram Sabha were not considered by SDlC. Despite Gram Sabhas’s claims to have filed thousands of individual and community forest rights at SDlCs, many SDlCs intentionally do not reflect them due to proposed diversion for public and private projects. In most of the cases, arbitrary field verification formats were developed by the SDlC and asked the unaware FRC/Gram Sabha members to sign over them, it said.
While thousands of individual and community forest rights claims are pending at different levels i.e GS, SDlC/DlC, thousands of claims remanded back to the Gram Sabha and even thousands of forest rights claims are yet to be filed.
The State Government is arbitrarily trying to wind up the FRA implementation process in the State. It is quite evident from the fact that in its status report, it is claiming to have completed the recognition of individual forest rights in 14,831 villages and community forest rights in 5,831 villages, including in Gajapati district, while the ground reality is totally different.
Around 1, 37, 877 tribals and OTFDs and around 906 villages in Odisha were not informed about their claims rejected by SDlC and DlC, the report mentioned.
The recognition of Community Forest Rights (CFR) is confused and moving at a snail’s pace. It is reported that by April last, only 1,051 CFRs have been recognized, most of which are not as per Section 3(1) but as per 3(2) meant for developmental purposes. In most of the cases, CFR titles have been issued over VSS areas determined by the Forest Department bypassing the real traditional and customary areas.
The CFR titles have been issued without following the given process under FRA and there is no uniformity amongst the CFR titles distributed in different districts in the State. Besides, while there are 13 PTGs in the State, habitat rights of not a single PTG has been recognized, the report pointed out.
In the whole process, the SC/ST Development Department is found to be weak and being dominated by the Forest Department (FD) in the State. The FD is disrespecting the FRA and Gram Sabha and is still controlling forests.
Non-cooperation of FD in verifying the CFR claims over reserved forests are reported across the State. All the 18 Protected Areas of the State is under the control of the FD. While the FRA does not mention any role and continuation of Van Suraksha Samiti (VSS), the FD continues to approve of the VSS role bypassing the Gram Sabha. In the recognition of the ownership rights over Kendu leaf and bamboo, the FD is the main hurdle. The FD is misusing CAMPA fund bypassing Gram Sabha and lunching Red Plus projects etc. Still atrocities, arrests, torture and eviction are being committed against the forest dwellers, the report added.