Indigenous people

 

There are no commonly accepted definitions of which indigenous people are.  In its most literal sense the term “indigenous” only implies long-term residence in a given area. The World Bank identifies as indigenous peoples “social groups with a social and cultural identity distinct from the dominant society that makes them vulnerable to being disadvantaged by the development process (World Bank, 1990). Many ethnically distinct and marginal peoples are increasingly adopting the term ‘indigenous’ to describe themselves because of the rights that they believe are associated with such a term-rights to their lands and territories: to maintain their cultural traditions, religions, languages and practices: to exercise their customary law; to govern themselves through their own institutions: to represent themselves through their own organizations; to control their own natural resources; to self-determination; and the recognition of their right to be different.

 

The 1993 draft of the Universal Declaration on the Rights of Indigenous Peoples is also forthright about indigenous people’s rights to land. Article 26 states: indigenous peoples have the right to own, develop, control and use the lands and territories, including the total environment of the lands, air, water, coastal seas, flora, fauna and other resources which they have traditionally owned or otherwise occupied or used. This includes the right to the full recognition of their laws, traditions and customs, land-tenure systems and institutions for the development and management of resources, and the right to effective measures by States to prevent any interference with alienation of or encroachment upon these rights (United Nations, 1993).

 

The social impacts of wilderness preservation

 

The environment too often suffers as a result of forced relocations. Traditional balances between humans and their environments are disrupted. People are confined to small and inappropriate land areas; traditional social institutions and patterns of land management and tenure, which previously regulated access to resources, are undermined. Short-term problem solving behaviors replace long term planning. The net result is environmental degradation.

 

A study on southern India by Madhav Gadgil found that the assertion of state control over natural resources had led to “severe conflicts with the local populations attempting to maintain their customary rights to resources. In the process, the local traditions of resource conservation have been increasingly disrupted or have broken down altogether. In a like vein, Sanjoy Deb Roy of the Indian Forest Service and Peter Jackson of IUCN note that:

All of India’s nearly 500 protected areas are virtual islands surrounded by villages and agriculture land, where people are desperately short of the basic resources of life, such as firewood, building materials and grazing areas for their livestock. Inevitably they invade the reserves and come into conflict with the authorities. Poaching of animals, timber and other forest produce is rife, and cattle and goats are found in most reserves. Resentment at the wildlife authorities’ attempts to control the situation has exploded in violence against officials and guards.

 

The protected areas have already displaced some 600,000 tribal people and forest-dwellers and affected many more. According to the some social activists in India, the Ministry of Environment and Forest plans to establish a further 650 Wildlife Sanctuaries and 150 National Parks in the next few years, displacing many people again (PRIA, 1993).

 

 

Virtual Safeguards

 

The basic premises of the Provisions of the Panchyats (Extension to the Scheduled Areas) Act, 1996 (Central Act No 40) was to facilitate participative democracy in tribal areas by empowering Gram Sabhas, restore the power to community to manage natural resources including land, water, forest and minerals and evolve an effective delivery system for development in the Scheduled Areas. But during the course of action several states diluted the intent of the Act by assigning more powers to gram panchyat over the gram Sabha. Even in some matters they (the State) completely overlooked the authority of the gram Sabha. The state governments also do not appear to have clear idea about the term ‘local self-government’. To what extent the panchyats in the scheduled areas are to be given administrative and financial autonomy need to be clarified to the states. 

 

 

 

 

 

 

 

Scanning the Grassroots

 

 

District

 

 

Tribal

 

Issues

Bilaspur

20.5  Gond, Kanwar

-          44 forest villages not yet transferred in to Revenue village

-          Total 76518.930 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          74 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 39581 tribal families registered as Encroachers in their own possessed land

-          65 villages not yet resettled in Achnakmar Wild Life Sanctury

-          1375 JFM committees not rewarded sharing of total income

Surguja

56.7  Gond,Kanwar, Oraon

-          9 forest villages not yet transferred in to Revenue village

-          Total 220143.367 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          9 Tribal Agricultural Cooperative societies not yet transferred to the members

-          1447 JFM committees not rewarded sharing of total income

-          60308 cases pending for resettlement

Jashpur

65.4 Gond, Kanwar, Oraon

-          24 villages displaced falls under Badalkhol Wild Life Sanctury

Raigarh

36.8 Gond, Kanwar, Oraon, Sawar

-          21 forest villages not yet transferred in to Revenue village

-          Total 113757.096 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          23 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2369 tribal families registered as Encroachers in their own possessed land

-          65 villages not yet resettled in after displaced from Tamnar Coal Mines

-          About 566 hectares of reserved forest land transferred for

Industrial purposes    

Kavardha

20.2 Gond, Baiga, Oraon

-          29 forest villages not yet transferred in to Revenue village

-          Total 4588.05 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          21 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 3847 tribal families registered as Encroachers in their own possessed land

-          15 villages not yet resettled in Bhoramdev Wild Life Sanctury

-          More than 3426 families registered cases against them by Forest Department

Rajnandgaon

26.9 Gond, Kanwar, Halba

-          12 forest villages not yet transferred in to Revenue village

-          Total 25167.975 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          19 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 1186 tribal families registered as Encroachers in their own possessed land

-          8 villages may comes under displacement in Mongra Dam

-          7034 cases are still pending for re settlement

Raipur

13.1 Kamar, Halba, Gond, Kanwar

-          173 forest villages not yet transferred in to Revenue village

-          Total 62863.828 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          22 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 1473 tribal families registered as Encroachers in their own possessed land

-          726 JFM committees not rewarded sharing of total income

Mahasamund

28.1 Kamar, Halba, Gond

-          17 villages not yet settled in Sita Nadi Wild Life Sanctury

-          Kamar Development agency not yet spent the allocated amount

Kanker

55.7 Gond, Bhatra, Halba

-          150 forest villages not yet transferred in to Revenue village

-          Total 32268.832 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          16 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2576 tribal families registered as Encroachers in their own possessed land

-          424 JFM committees not rewarded sharing of total income

Bastar

66.5 Gond, Bhatra, Halba

-          41 forest villages not yet transferred in to Revenue village

-          Total 22429.329 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          17 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2463 tribal families registered as Encroachers in their own possessed land

-          182 JFM committees not rewarded sharing of total income

-          Total 35743 cases pending for re settlement

Dantewara

78.8 Muria, Gond, Halba

-          38 villages comes under Kanger Vally Biosphere Zone not yet resettled

-          More than 618 families registered cases against them by Forest Department

-          Total 25840 cases pending for re settlement

Durg

12.4 Gond, Halba

-          16 forest villages not yet transferred in to Revenue village

-          Total 11519.086 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          36 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 338 tribal families registered as Encroachers in their own possessed land

-          395 JFM committees not rewarded sharing of total income

Korba

43.1 Baiga, Oraon, Gond, Birhore

-          Birhore Development Agency not yet spent the allocated amount

-          More than 1552 families registered Cases against them by Forest Department

-          241 JFM committees not sharing the profits with community

Janjgir

12.2 Gond, Halba, Birhore

-          Birhore Development Agency not yet spent the allocated amount

Koriya

44.0 Baiga,Pando Birhore, , Dhanuar

     - Birhore Development Agency not yet spent the allocated amount

Dhamtari

27.3 Kamar, Halba

-     Kamar Development Agency not yet spent the allocated amount

Sheopurkalan

11.3 Saharia

-          Total 3586.655 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          Saharia Development Agency not yet spent the allocated amount

Morena

5.6 Saharia

-          1227 saharia families not yet resettled in their possessed land

Bhind

0.3 Saharia

-          365 sahariya families not yet resettled in their possessed land

Datia

1.7 Saharia

-          541 sahariya families not yet resettled in their possessed land

-          975 cases pending for re settlement

Damoh

12.4 Gond

-          Total 163413.275 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          12 forest villages not yet transferred in to Revenue village

Chatterpur

3.8 Gond

-          565 Gond families not yet resettled in their possessed land

-          2124 cases pending for re settlement

Sedhi

30.4 Gond, Baiga

-          12 forest villages not yet transferred in to Revenue village

-          Total 250288.837 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          27 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2583 tribal families registered as Encroachers in their own possessed land

-          Total 17033 cases pending for re settlement

Sahadol

46.3 Gond, Baiga

-          Total 227080.989 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          25 Tribal Agricultural Cooperative societies not yet transferred to the members

-          377 JFM committees not rewarded sharing of total income

-          Total 16488 cases pending for re settlement

Umariya

46.3 Gond, Baiga

-          47 villages not yet resettled displaced from Sanjay National Park

-          881 families registered cases against them by Forest Department

Katni

17.9 Gonda, Bharia

-          659 tribal families not yet resettled in their possessed land

-          they are facing land alienation by powerful few

Narsinghpur

12.9 Gond

-          618 tribal families not yet resettled in their possessed land

Chindwara

34.5 Gond

-          48 forest villages not yet transferred in to Revenue village

-          Total 40257.484 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          5 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 1386 tribal families registered as Encroachers in their own possessed land

-          Total 2664 cases pending for re settlement

-          1375 JFM committees not rewarded sharing of total income

Hoshangabad

17.4 Gond

-          769 tribal families not yet resettled in their possessed land

-          93 forest villages not yet transferred in to Revenue village

-          Total 8712.708 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          33 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 1268 tribal families registered as Encroachers in their own possessed land

-          Total 5848 cases pending for re settlement

-          387 JFM committees not rewarded sharing of total income

Betul

37.5 Gond

-          92 forest villages not yet transferred in to Revenue village

-          Total 22348.274 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          157 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2583 tribal families registered as Encroachers in their own possessed land

-          283 JFM committees not rewarded sharing of total income

Harda

35.2 Gond, Kol

-          945 tribal families not yet resettled in their possessed land

Mandla

60.3 Baiga, Gond

-          170 forest villages not yet transferred in to Revenue village

-          Total 29658.254 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          5 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 11828 tribal families registered as Encroachers in their own possessed land

-          247 JFM committees not rewarded sharing of total income

-          Baiga Development Agency not yet spent the allocated amount

-          Total 20105 cases pending for re settlement

-          112 villages demarcated under Kanha National Park not yet resettled by Forest Department

Dindori

60.3 Baiga, Gond

-          7 forest villages not yet transferred in to Revenue village

-          Total 11374.254 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          42 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2147 tribal families registered as Encroachers in their own possessed land

-          374 JFM committees not rewarded sharing of total income

-          Baiga Development Agency not yet spent the allocated amount

Balaghat

21.9 Baiga, Gond

-          55 forest villages not yet transferred in to Revenue village

-          Total 27865.248 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          72 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2555 tribal families registered as Encroachers in their own possessed land

-          176 JFM committees not rewarded sharing of total income

-          Total 6254 cases pending for re settlement

Seoni

37.0 Gond, Bharia

-          28 forest villages not yet transferred in to Revenue village

-          Total 14578.259 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          15 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2896 tribal families registered as Encroachers in their own possessed land

-          140 JFM committees not rewarded sharing of total income

Dhar

53.5 Bhil, Bhilala

-          13 forest villages not yet transferred in to Revenue village

-          Total 289.32 hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          16 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 2617 tribal families registered as Encroachers in their own possessed land

-          Total 9585 cases pending for re settlement

Jhabua

85.7 Bhil, Bhilala

-          11 forest villages not yet transferred in to Revenue village

-          Total 1019.25hectares of land transferred but not yet recorded in revenue records so that evicted by forest department

-          9 Tribal Agricultural Cooperative societies not yet transferred to the members

-          Total 895 tribal families registered as Encroachers in their own possessed land

 

 

 

Gray areas of Livelihood Rights in Tribal Zone

 

  • Tribal land alienation
  • Re settlement in possessed land
  • Conversion of forest villages to revenue villages
  • Preventing from false cases filed by forest department
  • Land acquired in scheduled areas
  • Rehabilitation displaced after Protected Areas
  • Violation of PESA Act in scheduled areas
  • Recognition of recorded and non recorded rights of the community
  • Recognition of nistar rights in light with Forest Produce Management
  • Denial of traditional cultural rights over forest & forest resources
  • Recognition of Tribal Self Rule