Let each have his/her
own land and let each have own sky
Forest,
Land Rights March on Foot, 2019
St Columba's Stadium
HazariBagh to Raj-Bhavan Ranchi
20 February
to 27 February 2019
Dear Friends,
Our forefathers have sacrificed their lives for the
freeing, beautifying and conserving Jharkhand. To conserve the greenery, the
free-flowing rivers and creeks, tall mountains, ever-fertile farms, our
forefathers have fought wild animals like snakes, tigers and bears. Toady, we
need to save our land and the sand, water, forest, trees, rivers, creeks, farms
therein from the destructive attacks and theft by the rich, the corporate
families and the government. You all are aware of what is currently unfolding
in Jharkhand.
Thousands of our forefathers like Siddu, Kanhu, Sindray,
Bindray, Tilka Manzi, Veer Buddhu Bhagat, Veer Birsa Munda, Donka Munda, Jatra
Tana Bhagat, Manki Munda, Fulon, Jhanon, Devmani, fought with the British
government to attain independence. Today, the Indian Constitution in its fifth
schedule has given special rights to the tribal people, aborigines, farmers and
labourers. It is our responsibility to protect our rights and to ensure that
they are implemented.
Till today, the government has organized four momentums
in Jharkhand and have made a deal with the rich and the corporate companies to
handover a large chunk of forest, land and water resources belonging to the
tribal people of Jharkhand, the aborigines and the farmers. This is definitely
an attack on the fifth schedule of the constitution and the provisions made in
Pesa Act for the villagers. Once the ongoing revision survey is complete, a new
account book would be made on the basis of it. After that the account book made
in 1932 would be cancelled. That would end the traditional rights of the tribal
people, the aborigines and the farmers.
Once the Land Acquisition Act, 2017, and the rest of the
abovementioned acts come into action, the Agricultural Land would be readily
transferred for non-agricultural use. As a result, the farmland would start
decreasing and the quarrying accidents would increase. Today, the whole state
is living in fear of displacement. The citizens of Palamu, Latehar and Gumla
districts are fighting against the impending displacement from being in the
range of the proposed Netarhat Field, from Tiger Project, Wildlife Corridor.
The farmers of Badkagaon, Hajaribaug, are fighting against the displacement
from the coal extraction plan. In Maoudda, in Adani Power Plant, the farmland
is being deliberately taken from the farmers. When the farmers are protesting,
they are being told that if they do not surrender their lands, the land would
be taken away from them by hook or crook. The crop that was ready for harvest
was flattened in a second using a bulldozer. In all the areas of the state, the
citizens are fighting against the impending displacement. Various tactics have
been used to destroy the communal integrity of the tribal people of Potka area
of Sinhbhum and villagers of Khunti-Gumla district, where Mittal Steel Plant is
proposed. In the name of caste and religion, people are manipulated to fight
each other.
Implementation of Forest Rights Act in Jharkhand: Trends and Challenges
Granting of the forest rights to scheduled tribes and other forest dwellers
in provision 2006 and granting of FRA to forest dwelling communities for a
short period of time, both accept the historical injustice done to the enlisted
scheduled tribes and other forest dwellers. The objectives of the said
provision are to protect the democratic and traditional rights on the forest
land and resources therein and to establish a democratic, community-based
forest management. The complete implementation of the FRA was included in the
fact that the act would serve as a conducive process for the recognition of the
rights of the forest and the residents of the forest during the national land
movement. This fact was ignored by the government during the uniting of
forests. After Independence, the attitude towards the forest dwellers did not
change much. As a result, they were either displaced in the name of industrial
development or were labelled as those encroaching the forest. Due to this
perspective towards development and protection, more than 20 million of the
forest dwellers were discriminated against. That is why FRA has not only become
instrumental for recognizing the land rights of the forest dwellers but it also
provides legal support to the communities for their protests against illegal
and forceful abuse during development programs.
This law assumes and gives the rights to the Local Government/Gram Sabha
during the process of recognizing rights. In addition, it also recognizes the
previously existing 14 rights of the communities on the forest land in all
sections including the protected areas. The act recognizes the right of the
individual as well as the community of usage and sell of natural resources.
This act has the potential of making the forest maintenance and protection
governance fundamentally democratic as it involves the strengthening of the
local government/Gram Sabha for the management and governance of forests within
the traditional boundaries of a village and for the protection of forests,
forest life and biodiversity. However, this is not the case for the state of
Jharkhand. After the analysis of the state of implementation of FRA in
Jharkhand and a discussion with the stakeholders, who were a part of the that
implementation process of FRA, it becomes clear that the nature and boundaries
of granting of the rights of forest dwellers is highly ineffective. There is no
serious effort to resolve the increasing number of prolonged petitions. In many
of the districts, the non-acceptance of the petition is also very high. The
SDLC and DLC meetings are not taking place regularly in order to resolve the
rights of the petitionary. There is no effort seen for granting the forests
rights and there is no coordination between Revenue Department and forest
department for accelerating the process of granting forest rights. In such a
situation, the reason behind the nature and process of implementation of FRA
being slow and steady needs to be discussed.
In Jharkhand, there are challenges in implementing the granting of both IFR
and CFR: what kind of efforts should be taken to make the preparation of forest
resource management more comfortable/facilitative; finally, how to ensure that
the earning of the livelihood of people with the help of FRA. In Jharkhand,
there are 16452 villages with 1994387 hectre of their land covered by forests.
Here, the villagers can be granted the forest rights as a community and 14 lakh
individuals are eligible for the individual forest rights.
Thus, our
demands are as bellow
Ø A dedicated scheduled tribe Department should
be formed to develop programs-policies and implementation of welfare schemes &
rights legislated for tribal population.
Ø There should be Pressure less and prior notified
consent from Gram Sabha for any Non conventional change regarding economic
development and any Displacement of scheduled tribals or traditional forest
dwelling communities.
Ø All minor criminal/civil cases registered
against forest dwelling people should be immediately withdrawn.
Ø For Development of Tribal communities,
scheduled tribe and other traditional forest dwelling communities,
all welfare schemes from different department should be made easy avail through
Gram Panchayat. Personal and community land rights under Forest Right Act.
2006, should be ensured though campaign within 6 months.
Ø Rules of Panchayat Raj (Extension to Scheduled
Areas) Act, 1996 should be immediately notified in the state of Jharkhand considering
letter and spirit of Central law.
Ø Existing minimum support price of non-timber
forest produce should be regularize so traditional forest dwelling
communities would avail and dispose NTFP through Gram Panchayat.
Ø A state level Joint committee should be formed
for execution of Forest Right Act. 2006.
Ø CNT Act and SPT Act should be strictly implemented.
Ø GhairMazarua Aam-o-Khas, Jungle, Jhadi, Sarna,
Masna, Akhada, Hadgadi, river, Nala, pain, Jharna, pasturage, traditional farm
like bhoot kheta, Pahnai, Katari, Jatra tand, manda-tand all kind of community
land which had been merged with Land bank should be freed and non of the land
should be given to foreigner capitalist.
Ø The GhairMazarua Land Khas allotted to farmers
under Land welfare/Donation law, shouldn’t be annulled.
Ø Land acquisition act 2013 should be enforced.
Ø No land should be acquitted at any cost without
free consent from Gram Sabha
Ø Migration and Displacement of forest
dwelling communities from proposed elephant corridor, wildlife corridor, Palamu
Tiger project and Netarhat firing range should be stopped.
Ø Land Acquisition Act 217 should be repealed.
Ø With aim to stop migration from rural areas wages
of MNRGA laborers should be increased from 159 to Rs. 500.
Ø A Land commission should be formed to resolve
land related problems.
Organizer
SAJHA
MANCH
Jharkhand
unit of
National
Alliance for Peace and Justice
Address:
SAJHA MANCH Birwa colony, college more, Hazaribagh. PIN
825301 (JHARKHAND)
Email
– napjindia@gmail.com, bhavamjh@gmail.com
Niraj
kumar Besra- 9430780195 Birendra Kumar 9934294229 GautamSagar Rana 9431060234
Vimal Biruva 9934559091 BudhanRam 9430190238 Nilam Besra Ramesh kumar Hembram
9939946487 Raju umrao 8987687398 Kiran minj 8292009530 Shafiq 9990452079
March will be live on Youtube
March will be live on Youtube