Minutes of the meeting 2nd July’19
Two day (1st – 2nd July’19) National consultation of Land and Forest Rights Movement organized by Bhoomi Adhikar Andolan took place at Assam Association in New Delhi. It saw a participation of more than 200 representatives of various community organizations – Adivasi Adhikar Rashtriya Manch, Bhumi Adhikar Andolan, All India Union of Forest Working People’s movement etc. Farmers, Adivasis and volunteers from 13 states – Kerala, Chhattisgarh, Rajasthan, Madhya Pradesh, Maharashtra to name a few also came to discuss vividly how they are called ‘encroachers’ and ‘illegal forest dwellers’.
2nd day continued the discussion on how thousands of Adivasis and other traditional communities are facing danger of being desolated and eviction especially after the decision of Supreme Court on 13th February, 2019 and what could be ways in which we can bring evidence to fight for their Forest Rights and represent a collective voice to take the task ahead. The order says that if the claims of the tribal people under the Forest Right Act are rejected, then the State should evict them from the forests. The lawyers of the Union government were absent when the matter came up for hearing and woke up only after a lot of agitation. There after the Supreme Court amended its ruling and stayed it till 10th July, 2019, It is still unclear about how evictions can be justified on the basis of rejection of claims.
These discussions were highlighted by the forest dwellers themselves – from area they hail, about their community and the problems they face with the demarcation of forest land taking away their livelihood, culture and believes and threatening them to death if they report/ discuss the matter with higher authorities. Many even discussed their internal flaws within communities (One villager from Baster, Chhattisgarh said that his plea for getting a property – land/ ‘patta’ was rejected merely on the basis of political favoritism) while few discussed the treatment they experienced when they visit to these forest lands to gather resources.
- Dhara, a volunteer from Zindagi Bachao Abhiyaan suggested that an RTI should be filed at all levels i.e. Gram panchayat, block and district for each area as this would serve as knowing information about how many forms so far has been filed in a district and out of which how many has been rejected.
- Braein, a volunteer from Campaign for Survival and Dignity (CSD) suggested that our effort should be more towards mobilizing people on their forest rights and ask them to come together to court with their respective plea so that it will put pressure on the court to make evident decision towards them. Also, there should be generation of another Forest Right Act from this Jan Andolan, no matter how much time it takes time because it won’t do anything it we only criticize the previous law and overlook it. He said it would be better if we not only bring registered number of pleas and those which has been rejected rather suggesting methods and ways in/by which we can improve the implementation and working of this new Forest Right Act for the benefit of these forest dwellers.
- Nandani, another volunteer briefly discussed that, according to FRA Section 7, if any divisional committee such as District level committee or State level committee is not functioning as per their need/requirement then they are legally at fault and be penalized for the same rather than the forest dwellers being harassed and called for eviction. She also said we always go defensive; now the time has come to go offensive towards these where Section 7 would be helpful.
- Narmada Ji, Anil Ji, Madhuresh from National Alliance of People’s Movements, Vijay, Ramesh Minhas, Vanita Tiwari, Ananda from Akil Bhartiya Kisaan Mahasabha, Sukalo ji an Adivasi from Majgawan, UP and other volunteers from All India Union of Forest Working People, Adivasi Adhikar Manch, Shoshit Jan Andolan, Sarvhara Jan Ando-lan, Bharat Jan Andolan, Jindabad Sangathan, Kashtakari Sangathan, Adivasi Aikya Vedike (Kerala), Lok Mukti Sangathan, Sarv Adivasi Sangathan, Dantewada, Tribal Foundation of Chhattisgarh, Baigam Tribal Development, Wardha, Gond Mahasabha Chhattisgarh, Bundelkhand Mazdoor Kisan Shakti Sangathan, Saharaiya Jan Adhikar Manch, Delhi Solidarity Group, Himdhara, Patha Dalit Adhikar Manch discussed their respective views, experiences and suggestions on Forest and land rights Act.
The meeting noted that ST (Schedule Tribe) and other Traditional Forest Dwellers Act, 2006 also called Forest Rights Act, 2006 is first most important forest law that recognized historical injustice that has been occurred on forest dependent communities. Most of the people classify forest dwellers in India as ST (Schedule Tribe), non-notified Adivasis, Dalits and vulnerable poor communities who are purely dependent on agriculture, cattle rearing, fisheries and collection of forest produce for their survival. Forest dwelling communities believe that forests are better preserved where people are directly and closely connected with forests, however the State continue to displace people stating that the ‘forest dwelling communities’ are affecting the biodiversity. It was also discussed that there is lack of political will when it comes to proper implementation of the FRA. They promise in their manifestos to take care of land and protect their rights however several communities are still facing severe atrocities in the form of eviction, threat, violence and are regularly harrassed by forest department and the feudal system.
The current movement working on the Forest Right Act and its implementation strongly believes that it very crucial for all to evaluate the situation in order to address the relevant issues so as to understand the problem and formulate adequate strategy. The government is emphasizing on new amendments in this FRA, however at this juncture, it is not possible to work in seclusion therefore coordination committee should be formed for action all over the country. This meeting also broadly highlighted that Indian ruling class is totally in the hands of national and the international Capital. The whole focus of government is robbing off the wealth. The industrial corridors, bullet trains, smart cities development, large ports, express highways are some of the ways where they will be transferring profit to the capitalist class. Therefore, a strong opposition in the parliament from us is required. There is a severe need to generate collective public awareness that can stand against this expanding fascism and capitalism.
Following are the broad points that came out from the meeting –
- The House rejects the proposed amendments to the Indian Forest Act, 1927 and demands that the Forest Rights Act be enforced effectively. The movements have demanded for years that Forest Act, 1927 should be changed and therefore, the organizations present in the House will prepare a new draft for this law.
- Government understands that Gram Sabha is the strongest weapon in the hands of community, and thus trying to take away their power by formulating amendments and ordinances therefore it is our critical need to strengthen Gram Sabha at the moment.
- Today, the largest threat to the Adivasis dwelling in the forests of the country is from state violence because those who are fighting for their rights under FRA from Kerala to Chhattisgarh, Bihar, Jharkhand and many other states are being arrested in the name of being Maoists. The House saluted the struggle of the comrades locked in jails and condemned the government oppressions.
- There is a situation of confusion created due to separate parallel processes of land and forests rights settlements by the government since 1996. More clarity is required from the government and the Courts regarding this.
Way forward –
- Programs and protest action condemning Government actions, forest actions amendments and obligations will be organized on 22nd July at respective village, block, district and state level.
- An open letter to be written to the Prime Minister of the country to present the case in favor of the Forest Right Act and the Adivasis in Supreme Court.
- Collectively intervene in the ongoing case in the supreme court.
- Movements to intensify peoples’ solidarity to the ongoing struggles on the ground and will motivate them to fight for each struggle.
- Formation of new committee to monitor the new measures, plans employed, know that changes in the laws and other issues regarding the loot of resources followed with dissemination of this information to all
- Will jointly organize a massive demonstration for land and forest rights movements on Sansad Marg, Delhi
Participation of different groups during the Consultation meeting
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