Abstract
Name of State | Extent of Potential Forest Land under FRA (IFR+CFR) ( in Acre) | Extent of Recognized Forest Land under FRA (IFR+CFR) ( in Acre) | Percentage (%) of Recognized Forest Land against Potential Forest Land under FRA on 31 st March 2019 |
Row 2, Jharkhand | Row 2, 5236400 | Row 2,2,57,154 | Row 2,4.91 |
No. of Claims Received | No of Titles Recognized | No of Claims Rejected | Forest Land Recognized (in Acre) | |||||
IFR | CFR | IFR | CFR | IFR & CFR | IFR | CFR | ||
1,07,032 | 3,724 | 59,866 | 2,104 | 28,017 | 1,53,395 | 1,03,758 | ||
Total | 1,10,756 | 61,970 | 28,107 | 2,57,154 |
occupation for habitation or for self -cultivation. At the same time it is clarified by the MoTA that the four hectare limit specified in Section 4 (6) applies to rights under 3 (1) (a) of the Act only and not to any other rights under Section 3 (1) such as conversion of pattas or leases, conversion of forest villages into revenue vil lages etc. In this context, it is important to mention that the traditional and customary laws in Jharkhand recogn ize the rights of forest dwellers over land not limited to ten acres and forest resources in different forms under diverse laws, such as Chotanagpur Tenancy Act 1908, Santhal Pargana Act 1049 and Wilkinson Rule 1837 13.
But keeping aside the recognition and implementation of th ese laws, the state administration has failed to recognize the submitted claims under both IFR and CFR claims and in comparison to other states never have prioritized the CFR and CFRR rights as recognition provision to be ensured under the Act implementati on in State as mentioned earlier, in information being obtained from FRA cell of Maharashtra, Odisha and Chhattisgarh. If we see the average IFR recognition performance, Jharkhand is 2.56 acre of IFR recognized which is equal to the national average of 2.1 9 acre but far below than that of other states like Maharashtra (16.58 acre), Madhya Pradesh (6.47 acre) and Tripura ( 4.85 acre) as average IFR recognitio n respectively. In the average recognized of CFR area in Jharkhand its 49.31 acre which is lower than that of national average with 115.62 acre and in comparison far below than the other states like Maharashtra (386.32 acre), Madhya Pradesh (52.39 acre) and Chhattisgarh (92.78 acre) 14
Forest Right Act, 2006 needs to be looked beyond its priority of recognition of tenurial security rights as a possible model of empowerment of these forest dwelling communities with resource rights which develops for them a multiple potential areas of sustainable, integrated approach of adaptive climate resilience response and ensure them with justice and authori ty of ownership. Also strengthening their community based forest governance for promotion of their livelihood opportunities with value add for minor/ non-timber forest produces. Following are some of the se potential areas under provision of FRA with examples of best practices across different states :
In 2013, with support from CSOs, 18 gram sabhas in Gadchiroli, Gondia and Amravati districts collected and sold tendu leaves worth crores of rupees from their CFR 16 areas. In BiligiriRangasw amy Temple (BRT) Tiger Reserve in Karnataka, five gram sabhas, which have received CFR titles, have established a honey value-addition center 17 . In Shoolpaneshwar wildlife sanctuary in Gujarat, sustainable bamboo harvest by communities from their CFR areas have yielded large incomes and wage employment. Rights recognition could potentially wipe out persistent poverty from forested heartlands of India 18.
Thus, addressing the priorities of the FRA provisions and its best sprit and how other states administration has built the possible potential areas for empowering the scheduled tribes and other traditional for est dwellers’ rights over forest land and resources. The state of Jharkhand too can overlook the integrated approach model of empowering these communities’ right s and develop a convergence model for recognition of individual and community forest rights especially emphasizing the recognition of community forest resource rights (CFRR).
1. There should be a dedicated one Nodal Department ( Tribal Welfare) to develop program , policies and review the implementation of legislations pertaining to T ribal Rights and Welfare in the state. And establish effective inter -departmental coordination in state to review the status of pending claims to be recognized, issue circular/ orders/ guidelines on regular bases for smooth functioning and strengtheni ng of the mechanism of coordination with District & Sub Divisional Level Committees.
2. State Forest Rights Act (FRA) Cell would be established as Secretariat under Nodal Department (Tribal Welfare) to support the handhold ing day to day functioning & coordination of FRA implementation as resource centre. As support institute reinforce regular ity in review meetings at State Level Monitoring Committee, District Level Committee & Sub Divis ional Level Committee . FRA Cell with pool of resource budget allocation act as resource centre for developing capacity building & training programs, tools for mass awareness generation on FRA in state, avail the resource document s (forms, revenue, cadastral maps etc.) at district in coordination with Revenue & F orest department, promote fund raising, ensure proper documentation of record keeping for regular review & reporting needs in State and ensure other follow up coordination and handholding support to Nodal Department to Central Ministry (MOTA) . And closely coordinate with other institutes in states as notified.
3. Adaptation of draft State SOP being developed in consultation with CSO as guideline for ensuring the facilitation of provision under the FRA. Create platforms for CSO collaboration to have consultation with State Administration to discuss way forward road map for effective implementation of FRA in State.
4. Implementation of the Forest Rights Act, 2006 should priorit ize the rights recognition of Community Forest Resource Rights in the State for empowerment of tribal sustainable growth in an integrated approach with inter –departmental coordination and convergence for channelizing provisions of social security & protection entitlements rights
5. Ensure provision of notification of other non -government organizations’ & academic institutions in state for ensuring collaborative state level research studies to analysis the current facts on state context of FRA potential in 24 districts, i dentified areas of handholding support that can bridged in its review process (DLC & SDLC) along with respective CSOs district wise , support in empowering the grams sabha and other community based institutions for forest governance for sustainable livelihood opportunities etc.
6. State Administration in Jharkhand should immediately notify the rules to PESA in 5 th Scheduled Area to keep the spirit of the Central law and ensure FRA implementation in these areas without any conflict o f laws. No displacement should take placed in the PESA area without settlement of the rights and all Government services should converge to improve the hum an development indicators in these region. Conversion of PESA area into urban authorities activities need to be stopped immediately for review in coordination with Department of Rural Development & Urban Development & Housing.
7. All Policies and programs t hat violate the letter and spirit of Forest Rights Act, PESA, SPTA and CNTA should be reviewed. And decentralized forest governance system with Gram Sabha should be encouraged by establishing the Gram Sabha as authorized operational body playing the centra l role in recognition of FRA rights. Without free and prior informed consent of Gram Sahba’s no diversion of forest land for non- forest purpose and displacement of forest dwelling communities should be permitted.
8. Ensure restoration of Community land/ Fo rest land that has been placed under land -banks without due procedure including land banks for C ompensatory Afforestation Fund (CAF), 2016 or for any purpose of industrial development and were diverted appropriately without forest dwellers’ consent.
9. Different welfare schemes and social protection entitlements rights of the line departments should be integrated for forest dwellers as well as for the land recognized under F orest rights Act through Gram Sabha and further engaged into post CFR management and convergence planning in coordination with Department of Forest, Environment & Climate Change .
10. Gram Sabha should be authorized to permit access rights to forest dweller to dispose NFTPs through gram sabha. Review orders under minimum support price and deregulat ion of existing Non Timber Forest Produce in coordination with Department of Rural Development and Forest, Environ ment & Climate Change.
11. Women’s role in agriculture and forest governance to be re cognized and given priority under Forest rights Act. Ensure recognition of joint entitlements’ under FRA. Policy spaces should be created to ensure women’s participation in Gram Sabha such as Women special G ram Sabha meeting before general meeting of the Gram Sabha to incorporate the resolution of the women’s meeting . Protection aspects of women rights should be promoted in state in coordination with Department of Women, Child Development and Social Security on Forest Areas.
12. Special priority to most vulne rable groups such as PVTG communities in state should be given with provision of habitat rights of them under FRA , special schemes and social protection entitlements’ provision should be promoted in convergence with inter -departmental coordination in State
13. The Aspirational districts should strengthen utilization of District Mineral Fund (DMF) in organized & planned process for the settlement & rehabilitation provisions’ in mining affected districts. The Rules need to ensure the communities have the data and knowledge to develop technical plans for improving livelihoods and environment of the mining affected communities.
While COVID-19 impacts everybody cross the country , the implications on the poor and marginalized sections such as the daily wage labourers, forest dwellers and informal sector workers with inadequate economic and social safety nets is severe affected and will have long term consequences on their lives and livelihoods. This has turned this health emergency into a humanitarian crisis. The forest dwellers with s mall agricultural land holdings who often inhabit very remote and difficult terrains have been missing from the discourse. The lockdown is beginning to have serious implications on the Tribal and forest dwelling communities in India with contribution of th eir deprivation of food security concerns especially among tribals & PVTGs in remote forest areas are massive in the state.
Jharkhand with its remote forest -fringe villages, and about 300 million Tribals and other local population who depend on forest as their main source of livelihood and cash income f rom fuelwood and forest produce 28 including the particularly vulnerable tribal groups (PVTGs) , among which 73 percent of them wer e deprived as per the report of Socio Economic Caste Census 2011 . Agricultur e and Minor Forest Produces (MFPs) as their major sources of livelihoods has unfortunately suffered in this pandemic period of COVID 19 lockdown, which began in March, 2020 and coincided the peak hour of MFP harvesting season where people were prohibit ed to collect ion and selling of their produce s in local markets. Leaving the vulnerable need of cash support among these dependent tribal households especially the single women (widow & old age group). In additional to these, community members seek tempora ry employment under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGA), as construction labourers in urban centers or as agriculture labour in adjoining villages . The reverse migration of these labourers from cities, with no job s and no source of incomes add to the tribal distress. Lack of wage labour opportunities, pending MNREGA payments from last year, no cash in hand or inflow of remittances for agriculture has created a situation of uncertaint y. So it’s essential to meet the immediate relief package and food supply through PDS in continuation in these remote areas inhabited by forest dependent communities even after the lockdown as urgent priority .
In light of the given situation, following are some of recommends that the state government can take into consideration to ensure that Tribals and Other Forest -Dependent Communities aren’t left behind with priority to the social security and protection entitlement rights in this pandemic situation:
Proper implementation of minimum support price (MSP) and procurement of MFPs:Minister for Tribal Affairs has already written to the Chief Ministers of 15 States and to the State Nodal Agenci es suggesting to procure MFPs at Minimum Support Price (MSP) and to coordinate with Tribal Cooperative Marketing Development Federation of India (TRIFED) for any support. TRIFED too has written to find ways to red uce the impact of COVID-19 on MFP based trade. Under the Pradhan Mantri Van Dhan Vikas Yojana, 15,000 29 VanDhan centres are to be converted into s ocial distancing cum livelihood centres to provide relief, ration and awareness to forest communities. However, these facilities are primarily to provide infrastructural support for procurement cum value addition to locally available MFPs. Till Dec 2019, 6 74 Van Dhan Kendras have been sanctioned and there is low utilization of the funds sanctioned and the reporting mechanisms on progress from the States are poor. On the positive side, the Chhattisgarh government has increased the MSP fo r mahua flowers from Rs. 17 to Rs. 30 per kg. This is much needed and a welcome step one which other states need to follow.
Clear guidelines need to be given regarding MFP procurement to the state nodal agencies such as the Tribal Development Co-operative Corporations (TDCC)/ state forest development corporation’s/ MFP f ederations, engaging local self -help groups (SHGs) to collect from individual collectors is also an option that can be explored, as also specifying regulations for private traders to protect the collectors from being exploited. The Van Dhan Centres or panchayat bhawans can be used for storage during this time till the produce is transported.
Effective measures should be taken to strengthen the health infrastructure, testing kits, labs and h ealth care professionals like pathologists, trained doctors and nurses must be hired in these regions. In the m ining affected districts where the community and workers have weak immunity and are more susceptible to infections, the use of District Mineral Funds (DMFs) for providing health care must be sanctioned 30
• Direct Cash Transfer: The Scheduled Tribes are India’s poo rest people, with five of 10 falling in the lowest wealth bracket, according to the 2015 -2016 National Family Health Survey (NFHS -4). Experts suggest that direct cash transfers to the poorest especially the labourers who have lost their livelihood due to the lockdown must be considered. There are emerging concerns about direct benefit transfer (DBT), based on the Ja n Dhan- Aadhaar-Mobile (JAM) architecture, which allows direct transfer of government -sanctioned welfare funds to bank accounts of the beneficiar ies as many people in rural areas, particularly migrant labourers, do not have bank accounts.In such cases, clear directions by the finance ministry is required to b e able to transfer relief funds 31. The MSP scheme of the Union Govt. for marketing of MFP s has an outlay of Rs. 60 crore between 2016-1932, the states also have their kitty which is la rgely lying unused. In mining affected districts the underutilized DMF funds should also be released for direct cash transfers for at least the next 3 months. Sta te Governments must ensure
that the cash transfers recently announced by the central government reach the community, especially , widows, elders and persons with disability (PwD).• Withdraw regressive policies issued by MOEFCC: For one, the advisory that restricts co mmunity’s access to protected areas to avoid transmission of the virus to the animals without any scientific basis wi ll severely threaten the lives and livelihood of forest dependent communities. This must be withdrawn immediatel y. Second, the regressive Environment Impact Assessment (EIA) draft notification that provides for a reduction of time period from 30 days to 20 days for the public to submit their responses during a p ublic hearing for any application seeking environmental clearance. The current notification, if it comes into force, is a move towards seeking investment irrespective of any adverse environmental consequences that cou ld follow. This notification would need more debate and discussion with s takeholders and needs to be initiated once the situation normalizes. For now, it should be withdrawn immediately.