Implementation of the Forest Act, 2006 in Tiger Reserves: An interplay between the Indian Forests Act, 1927 and the Wildlife Protection Act, 1972 in areas declared to be critical habitats for tigers.
Abstract:
Section 38 (v) of the wildlife protection act as amended in 2006 explains the critical tiger habitat as well as the buffer or peripheral area of a tiger reserve. The phrase critical tiger habitat as mentioned in the Wild life protection act 1972 and the forest act 2006 advocates the protection of tigers by declaring a specific area as critical tiger habitats. It has stated that the minimum area of 800-1200 sq.km area is required to sustain a viable population of tigers. Critical wild life habitat is such area of the national park and scantruries to be kept as inviolate for the purpose of wild life conversation. The identification and declaration of CWLH are two distinct processes. According to the wild life protection act 1972, and the forest act 2006, the guidelines ensure that CWLHS are declared only with voluntary consent of the affected people. It also gives ample scope to the ST/UT governments to explore the possibility of co-existence. During the implementation of Forest Act 2006, the wildlife and conservation lobbies advocated for the declaration of many forest areas in the country as protected areas for the wild life.
Accordingly the Forest rights act 2006 contained some procedure for the purpose, like detailed processes of scientific enquiry, socio-economic survey, participatory decision making by the local native communities etc. have to be taken up before concluding that the relocation of the people is the single most option for the survival of wild animals and notifying any forest area as Critical Tiger Habitat.
What is a “critical tiger habitat” or a “critical wildlife habitat”?
In India, the Forest Department has often claimed that there is a need for “inviolate spaces” – i.e. areas free of all human activity – for the protection of certain large species of wildlife. Internationally there has been a great deal of debate on whether such areas are necessary, but they continue to be a key part of conservation strategies in India. However, the practice of “resettlement” (removing people from protected areas in order to create these “inviolate spaces”) in India has been done in a highly unscientific, corrupt and coercive manner. People have been forced to move with no or very little compensation, often with no evidence at all that their presence was having any negative effect on wildlife. Many environmentalists, including the Tiger Task Force and most senior conservationists, have strongly criticised these practices. The tribal and forest rights movements also opposed such actions and resisted such forced relocation. As a result, both the Forest Rights Act 2006 and the 2006 amendment to the Wild Life (Protection) Act introduced new safeguards regarding relocation of people.
Under these new laws, relocation can only take place in “critical tiger habitats” or “critical wildlife habitats” – areas where it is scientifically established on a case by case basis, that continued human presence could lead to irreversible damage to wildlife or it’s habitat – and even then only subject to the consent of those to be relocated. The laws also require a transparent, scientific and democratic process for identifying such areas in consultation with the people likely to be relocated. This procedure, now an integral part of law, has been thrown to the winds by the Ministry of Environment and Forests and the State Forest Departments.
The Wild Life (Protection) Act, 1972:
Under this act, the expression “tiger reserve” includes:—
(i) core or critical tiger habitat areas of National Parks and Sanctuaries, where it has been established, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers, and notified as such by the State Government in consultation with an Expert Committee constituted for the purpose;
(ii) buffer or peripheral area consisting of the area peripheral to critical tiger habitat or core area, identified and established in accordance with the provisions contained in Explanation (i), of section 38V(4), where a lesser degree of habitat protection is required to ensure the integrity of the critical tiger habitat with adequate dispersal for tiger species, and which aim at promoting co-existence between wildlife and human activity with due recognition of the livelihood, developmental, social and cultural rights of the local people, wherein the limits of such areas are determined on the basis of scientific and objective criteria in consultation with the concerned Gram Sabha and an Expert Committee constituted for the purposes. Save as for voluntary relocation on mutually agreed terms and conditions, provided that such terms and conditions satisfy the requirements laid down in this sub-section, no Scheduled Tribes or other forest dwellers shall be resettled or have their rights adversely affected for the purpose of creating inviolate areas for tiger conservation unless –
(i) the process of recognition and determination of rights and acquisition of land or forest rights of the Scheduled Tribes and such other forest dwelling persons is complete;
(ii) the concerned agencies of the State Government, in exercise of their powers under this Act establishes with the consent of the Scheduled Tribes and such other forest dwellers in the area. That the activities of the Scheduled Tribes and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and shall threaten the existence of tigers and their habitat;
(iii) the State Government, after obtaining the consent of the Scheduled Tribes and other forest dwellers inhabiting the area, and in consultation familiar with the area, has come to a conclusion that other reasonable options of co-existence, are not available;
(iv) resettlement or alternative package has been prepared providing for livelihood for the affected individuals and communities and fulfills the requirements given in the National Relief and Rehabilitation Policy;
(v) the informed consent of the Gram Sabhas concerned, and of the persons affected, to the resettlement programme has been obtained;
(vi) the facilities and land allocation at the resettlement location are provided under the said programme, otherwise their existing rights shall not be interfered with.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006:
Section 2(b): “critical wildlife habitat” means such areas of National Parks and Sanctuaries where it has been specifically and clearly established, case by case, on the basis of scientific and objective criteria, that such areas are required to be kept as inviolate for the purposes of wildlife conservation as may be determined and notified by the Central Government in the Ministry of Environment and Forests after open process of consultation by an Expert Committee, which includes experts from the locality appointed by that Government wherein a representative of the Ministry of Tribal Affairs shall also be included, in determining such areas according to the procedural requirements arising from sub-sections (1) and (2) of section 4 (2). The forest rights recognized under this Act in critical wildlife habitats of National Parks and Sanctuaries may subsequently be modified or resettled, provided that no forest rights holders shall be resettled or have their rights in any manner affected for the purposes of creating inviolate areas for wildlife conservation except in case all the following conditions are satisfied, namely:-
(a) the process of recognition and vesting of rights as specified in section 6 is complete in all areas under consideration;
(b) it has been established by the concerned agencies of the State Government, in exercise of their powers under the Wild Life (Protection) Act, 1972, that the activities of impact of the presence of holders of rights upon wild animals is sufficient to cause irreversible damage and threaten the existence of said species and their habitat;
(c) the State Government has concluded that other reasonable options, such as, co-existence are not available;
(d) a resettlement or alternatives package has been prepared and communicated that provides a secure livelihood for the affected individuals and communities and fulfills the requirements of such affected individuals and communities given in the relevant laws and the policy of the Central Government;
(e) the free informed consent of the Gram Sabhas in the area concerned to the proposed resettlement and to the package provided has been obtained in writing;
(f) no resettlement shall take place until facilities and land allocation at the resettlement location are complete as per the promised package:
Provided that the critical wildlife habitats from which rights holders are thus relocated for purposes of wildlife conservation shall not be subsequently diverted by the State Government or the Central Government or any other entity for other uses:
The Wild Life (Protection) Act, 1972, as well as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, require that rights of people (Scheduled Tribes and other traditional forest dwellers) recognized in forest areas within core/critical tiger/wildlife habitats of tiger reserves/protected areas may be modified and resettled for providing inviolate spaces to tiger/wild animals. Their requires payment of compensation (rights settlement in addition to the relocation package offered under the CSS at present). Chapter IV of the Wild Life (Protection) Act, 1972 (Section 24) provides for acquisition of rights in or over the land declared by the State Government under Section
18 (for constituting a Sanctuary) or Section 35 (for constituting a National Park). Sub-section 2 of Section 24 of the Wild Life (Protection) Act, authorizes the Collector to acquire such land or rights. Therefore, payment of compensation for the immovable property of people forms part of modifying / settling their rights which is a statutory requirement. The ongoing study and the analysis of the available research data on tiger ecology indicate that the minimum population of tigresses in breeding age, which are needed to maintain a viable population of 800-100 tigers (in and around core) require an inviolate space of 800 -1000 sq km. Tiger being an umbrella species, this will also ensure viable populations of other wild animals (co-predators, prey) and forest, thereby ensuring the ecological viability of the entire area / habitat. Thus, it becomes an ecological imperative to keep the core areas of tiger reserves inviolate for the survival of source populations of tiger and other wild animals. Based on the recommendations of the Professional Agency, a new package for village relocation/rehabilitation has been proposed, with the
following options / norms, which adequately covers the National Rehabilitation and Resettlement Policy, 2007, while taking into consideration the difficulties / imperatives involved in relocating people
living in forest areas of Wildlife Sanctuary as “critical tiger habitat” areas.
Criteria and Process for deciding Critical Tiger/wildlife habitats in tiger reserves / protected areas:
With the aim of maintaining viable populations of tiger and other faunal and floral species to conserve biodiversity and life support ecological systems in natural wilderness areas, the following criteria would be followed:
a. Delineation of critical tiger/wildlife habitat (inviolate space/habitat) required for the sustenance of a viable populations of tiger and other wild animals in tiger reserves and protected areas vis-à-vis the Wildlife (Protection) Act, 1972, as amended in 2006, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
b. A minimum inviolate space of 800-1000 sq. km. should be maintained as the inviolate area to support a viable population of tiger in tiger landscapes, based on tiger life history parameters, territory sizes and populations viability analysis.
c. For National Parks and Sanctuaries, other than Tiger Reserves, critical wildlife habitat area should be demarcated on the basis of species area curves specific for each bio-geographical area, as classified by the Wildlife Institute of India (Rodgers and Panwar, 1988). The size of the inviolate area within each
critical habitat zone will be based on its potential to harbor viable populations of umbrella species (endemic species, top carnivores, mega-herbivores, indicator, wild relatives of species of economic value, endangered and threatened, and migratory species), which would serve to conserve the entire biodiversity of the area.
d. Besides National Parks and Sanctuaries, identified corridors of significant wildlife values should also be examined according to the above criteria for delineation as critical wildlife habitat.
Terms of Reference for State level Expert Committee
(i) The Expert Committee shall determine the extent of inviolate area required for wildlife conservation, based on above criteria, evidence and analysis presented by the State Government in its application; deliberations during the consultation and other studies or information from its own investigation;
(ii) The Expert Committee, in arriving at such a decision, may, among others,
(a) have the power to summon witnesses, call for documents, and undertake any other actions or investigations it feels necessary;
(b) consult the Gram Sabhas that would fall within or are dependent on resources within the proposed critical wildlife habitat, the Director of the concerned National Park or Sanctuary, Divisional Forest Officer as well members of the civil society organizations working on social and environmental issues in the area.
(iii) The Expert Committees may further (a) request additional information or return the said application to the State government along with its reasons for doing so, within a specified period.
(b) independently verify that complete and correct information was provided to the concerned Gram Sabha which are included in the proposed critical wildlife habitat.
(c) act on requests from concerned Gram Sabhas and provide support to collect relevant information on the proposed critical wildlife habitat.
(d) The State Government or any affected Gram Sabha or individual may send objections, comments or additional evidence to the Expert Committee on its decision within 30 days from the date of first hearing of the State Committee.
(e) The Expert Committee shall consider these submissions and give a final recommendation to the Ministry of Environment and Forests within 15 days.
4. Information to be submitted with application for critical wildlife habitat
The State Government shall include the following information while submitting the application for critical wildlife habitat, namely: –
(i) Physical, topographical and ecological details along with relevant maps of the areas to be determined as critical wildlife habitat;
(ii) Location of human habitations within the proposed critical wildlife habitat along with their demographic, economic and social details;
(iii) A list of families and settlements likely to be affected by the declaration of the critical wildlife habitat;
(iv) Scientific studies including documentation of biodiversity that at least provide the ecological data on the habitat and population of the significant plant and animal species;
(v) Data on human animal conflict and assessment of impact of human presence on animal numbers and animal habitat;
(vi) Studies on the extent of dependence and interaction of the affected Communities with the forest resources within the proposed critical wildlife habitats;
(vii) Resolution of the Gram Sabha certifying that in areas included within the proposed critical wildlife habitats, the process of recognition and vesting of rights has been completed;
(viii) Resolution of the Gram Sabha certifying that the affected GramSabhas have been informed in
writing that it is proposed to include their habitations and habitats in critical wildlife habitats and that a
copy of the complete proposal prepared by the State Government for the same has been provided to it;
(ix) The State Government ensure that the requirement under Sections 4(2)(b) and 4(2)(c) of the Act has been fulfilled and the basis therefore.
5. Consultation for determining critical wildlife habitat
(i) The Expert Committee shall initiate open process of consultations on the said application in the following manner:
(a) One or more hearings close to or within the critical wildlife habitat, ensuring that reasonable opportunity is provided for all affected to attend the said hearings;
(b) Public notices in local languages shall be issued, broadcast on the radio, posted on the web and all appropriate publicity methods used at least thirty days prior to public hearings;
(c) Gram Sabhas can invite additional experts to be present and participate in the public hearing.
The quorum for the hearing shall be two thirds of the adults in the area for which the hearing is being held shall be required. If there is no quorum then the hearing may be reconvened at a later data with sufficient notice where the quorum shall be half of the adult members in the area. Later date with sufficient notice where the quorum shall be half of the adult members in the area.
6. Subsequent Action by the Ministry of Environment & Forests
(i) The Ministry of Environment and Forests may notify the critical wildlife habitat taking into account the recommendations of the Expert Committee and make this information public.
(ii) Such notification will be in English and in the official language of the state, and posted on the web.
(iii) The Central Government, only after such notification of critical wildlife habitat, may initiate a process of creating inviolate areas for wildlife conservation in such critical wildlife habitat where forest rights may be modified or holders of forest right may be resettled as per the Section 4(2) of the Act.
The Declaration of Critical Tiger Habitat and relocation of Chenchus from the Nallamala region – A Case in point:
During and after the enactment of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of forest rights) Act 2006 by the Indian parliament, the wildlife and conservation lobbies advocated for the declaration of many forest areas in the country as protected areas for the wildlife to live without human presence. Accordingly the Forest rights act 2006 contained some procedure for the purpose. As per that, detailed processes of scientific enquiry, socio-economic survey, participatory decision making by the local native communities etc. have to be taken up before concluding that the relocation of the people is the single most option for the survival of wild animals and notifying any forest area as Critical Wildlife Habitat / Critical Tiger Habitat. But many forest areas in the country were notified as CWHs / CTHs without following any of the mandatory processes described in the Forest Rights Act 2006. Before the Act came in to force on 01-01-2008 with rules, many areas were declared as
CWHs / CTHs. In the same way, 2527 sq. km (as per Compartment areas) in the Nagarjuna Sagar – Srisailam Tiger Reserve of the Nallamala region of Andhra Pradesh is declared as Nagarjuna Sagar – Srisailam Tiger Reserve Inviolate Area (NSTR-I) (Critical Tiger Habitat) on 20-12-2007 before the Forest Rights Act 2006 came in to force on 01-01-2008. Before that, Ministry of Environment and Forests (MoEF), Government of India, formulated guidelines for the declaration of CWHs / CTHs on its own, bypassing the implementation of the Forest Rights Act 2006. When the issue was raised in the Parliament during November 2007, MoEF expedited the process and the government notified rules for the Forest Rights Act 2006 on 01-01-2008. During November 2007, a team of concerned individuals went to Nallamala forest areas of Mahabubnagar district and brought out a brief status report on the issue of relocation of Chenchus.
There are also some instances where the government had been engaged in illegal attempt to use tiger conversation as an excuse for violation of people’s rights. Protest for the same had been witnessed all over the country. In December, last year the ministry of environmental and forest engaged in a massive illegal effort to hastily identify and declare critical tiger habitat in all the tiger reserves across India. Where the law requires a scientific, ease by ease analysis of each tiger reserves and public consultation with the people of the area, the environment ministry sought to bypass all the legal requirements and instead arbitrarily declared some 36 habitats within few weeks. To reinstate the arbitrary, unaccountable forest bureaucracy as the key players in deciding how tiger conversation should take place and to ensure easy access to the enormous amount of money allocated in the name of tigers and of relocation of people. Huge areas, including the entirety of the existing tiger reserves (with their buffer zones) and even some new areas were all declared as critical tiger habitat with no scientific justification. They have not been able to get away with it. Protest and opposition against the illegal CTH declarations have been mounting in several tiger reserves. They reached their peaks with a massive demonstration in various places of Tamil Nadu.This is not a contest between the people and wildlife. In fact both can co exist when systematically palled and discretionally executed. The law does not say that the tigers cannot be protected or that inviolate area should not be craested.It only requires public input. Demand for a reasonable and discretionary procedure had been demanded by environmentalist and conversations sit themselves for decades. But unfortunately the government like every time ghastly passed the law there by opting for loopholes. The hastily implementation regarding the CTH or CWH will result in dire consequences as the already endangered species would face the ever ending threat of extention.Moreover the cats of goriest officers and aggravated the problem as the local communities very worst suffers and the vague implementation had crated increasing conflict between the communities, all without contributing to conversation. This sad saga had created doubts among think tanks that whether the government would come out of this mess, which had been created by the help of politicians and idle foster officers. Besides the use of threat and bribe would result in the situation gap hay wire. Moreover, nay threat to arbitrarily declare any area as critical tiger reserve or any threat to their ability to extract state funds and extort bribes through harassmenet, is deemed a threat to tiger conversation. Protests against the illegal attempt to use tiger conservation as an excuse for violation of people’s legal rights and it would result in dire consequences. The Wild life protection act 1972 and the environment protection act can both act in juxtaposition for the safety and protection of the most beautiful and at the same time the most endangered species of India in the coming years. In most instances, State forest officials say they are under pressure from the Central government and Project Tiger to push ahead with this illegal relocation as fast as possible. In short, the steps forward in the law are being totally ignored and the Ministry wishes to behave like it has no accountability to Parliament or to the law of the land.
The Wildlife Protection Act 1972 as amended in 2006 (WLPA) and (b) The Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Rights) Act 2006 as under:
The Expert Committee under 38V(4) I of the WLPA 2006 is to determine the boundaries of the critical tiger habitat, areas that are required to be kept as inviolate for the purposes of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers and consult the local inhabitants including public hearings. No such consultation has been made. Section 38V(5) (I) of WLPA 2006 stipulates that the process of recognition and determination of rights and acquisition of land or forest rights of the Scheduled Tribes and other forest dwellers should have been completed in the said areas prior to declaration of the area as CTH. This has not even been initiated and therefore violating both WLPA 2006 and FRA 2006. Section 38V (5) (ii) and (iii) of WLPA 2006 stipulates that the consent of the Scheduled Tribes and other forest dwellers in the area along with consultation with an ecological and social scientist is required to decide that the activities of the STs and other forest dwellers or the impact of their presence upon wild animals is sufficient to cause irreversible damage and threaten the existence of tigers and their habitat and that other reasonable options of co-existence are not available. This too has not taken place. Resolution of the Gram Sabah’s concerned that recognition and vesting of rights in the affected area is complete is mandated in 4(vi) and 2(a) of the “Guidelines to notify critical wildlife habitats” of Moe. No such consent has been obtained. No resettlement or alternative package including the facilities and land allocation at the resettlement location, for providing for livelihood for the affected individuals and communities fulfilling the requirements given in the National Relief and Rehabilitation Policy and the head wise budget allocation, the time line for the completion of the resettlement or alternative package nor the informed consent of the Gram Sabah’s concerned, and of the persons affected, to the resettlement programmed has been obtained as required under 38V(5) (iv), (v) and (vi) of WLPA 2006 in the CTH. Further, the said notification is in total violation of The Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Rights) Act 2006 in its entirety.
Struggle against Forest Bureaucracy in Tiger Reserves; Massive Demonstration in Tamil Nadu
Protests against the illegal attempt to use tiger conservation as an excuse for violation of
People’s legal rights. In December last year, the Ministry of Environment and Forests engaged in a massive, illegal effort to hastily identify and declare “critical tiger habitats” (CTH’s) in all the tiger reserves across India. Where the law requires a scientific, case by case analysis of each tiger reserve and public consultations with the people of the area, the Ministry sought to bypass all legal requirements and instead arbitrarily declared 36 such “habitats” within a few weeks. To reinstate the arbitrary, unaccountable forest bureaucracy as the key players in deciding how tiger conservation should take place, and to ensure easy access to the enormous amounts of money allocated in the name of tigers and of “relocation” of people. Huge areas, including the entirety of the existing tiger reserves (with their buffer zones) and even some new areas, were all declared “critical tiger habitats” with no scientific justification. They have not been able to get away with it. Protests and opposition to the illegal
CTH declarations have been mounting in several tiger reserves. They reached their peak yesterday with a massive demonstration in Gudalur, in the Nilgiris in Tamil Nadu, where over 70,000 people demanded respect for their forest rights and marched against the illegal declaration of the entire Mudumalai protected area as a “critical tiger habitat.” Organized by the “People’s Livelihoods Protection Movement”, an umbrella organization of people’s organizations and political parties, this was perhaps the single largest demonstration the area has ever seen. This is no contest between “people” and “wildlife.” The law does not say that tigers cannot be protected or that inviolate areas should not be created. The law does not say that tiger reserves cannot be established. It only requires that, when doing so, the forest authorities engage in an open, objective and independent process with public input, and that no one be
forcibly relocated without their consent. This procedure has been demanded by environmentalists and conservationists themselves for decades, tired as they are of a system that has only violated people’s rights, alienated local communities and led to increasing conflict, all without contributing to conservation.
But even this is too much for the forest bureaucracy. Any threat to their power to arbitrarily declare any area “critical”, any threat to their ability to extract state funds and extort bribes through harassment, is deemed a threat to tiger conservation. The Gudalur protest is but the most visible manifestation of the resistance to this authoritarianism. In Ranthambore, under intense pressure, four villages have refused relocation efforts. In Tadoba, Melghat and Kanha, resistance is growing. In Buxa, the relocation effort was withdrawn after local protest. Over the coming months this will only intensify. Protests are expected in several tiger reserves in January 30.12.2008.
On 30.12.2008 in Gudalur, at a mass rally and public meeting with between 60-70 000 participants held in condemnation of the illegal tiger reserve scheme in Mudumalai and the illegal actions of the Forest Department, the following resolutions were passed and are hereby being sent to the Central and State governments. About 4 lakh adivasis, small farmers, estate workers and people of many other communities live in the Gudalur area. They have built residences on the cultivated lands in their possession, and are living on their income from agriculture on these lands. These lands, which once belonged to the descendants of the Nilambur Kovilagam in Kerala, were taken over by the Tamil Nadu government in 1969 through the zamindari abolition law (Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 – Act 24/69). The large estates cultivating this land on lease challenged this Act in court. The case continued in the Supreme Court for 28 years before it was dismissed on August 18th, 1999 (CA No. 8367 – 75 of 1977). The Court directed the Tamil Nadu government to settle the land problem on these lands within a specified time. But till date the Tamil Nadu government did not take any decision on this matter. The people who live on the cultivated lands taken over by the government lost the rights they had had. In particular, they are denied all basic facilities like electricity connections, registration of their lands, the right to construct houses, drinking
water, educational facilities, hospitals, roads, etc., and as a result today have become impoverished and
destitute people. Government agencies claim that these development works are illegal. For more than forty years, the Forest Department has been inflicting illegal harassment on the people of the area. Destruction of cultivated crops without warning, demolition of houses, looting of property and goods, extortion of money through threats, arresting and jailing people on false charges and similar atrocities have been continuously perpetrated by the Forest Department. For many years the people of this area organized many protests against these actions by the Forest Department. Martyrs have given up their lives in protest, unable to stand the atrocities of the Department. For the past forty years, the people have demanded pattas for their lands; this has yet to be accepted. In this situation, the Forest Department has sought to take away their remaining livelihood resources by illegally notifying a ‘Critical Tiger Habitat’ through GO Ms 145. Similarly, the Department is making more and more efforts to seize even patta lands in the name of an “Elephant Corridor.” A situation has now come about where people’s livelihood rights are threatened in the name of supposedly protecting the tiger, in violation of the “Wild Life (Protection) Amendment 2006” and the “Forest Rights Recognition Act 2006.” Researchers proved that, despite spending many crores on Project Tiger, the scheme had failed to achieve its intended goals in terms of tiger conservation. The Central government therefore amended the 1972 Wild Life (Protection) Act through the Wild Life (Protection) Amendment 2006. As per sections 38V(4) and 38V(5)(ii) of this law, henceforth the declaration of “critical tiger habitats” requires the consent of the village people of that area expressed through a gram sabha resolution. Further, they should be decided on a scientific basis through a case by case examination and a process of public consultation. The notification of the critical tiger habitat can take place only after this is complete. Without complying with these procedures and the requirements of law, the Forest Department is illegally violating people’s human rights and trying to take away their livelihoods. In this situation, the Forest Department’s claims to have complied with the law by taking the consent of some gram sabhas – without informing them of the situation – is laughable. The area within a five kilometer radius around the boundaries of the illegal Critical Tiger Habitat is to be declared a buffer zone. The lands of 67 villages in nine panchayats and town panchayats, including the cultivated lands and patta lands of thousands of farmers, are thereby being included in the Tiger Reserve. Moreover, many villages lie within the Critical Tiger Habitat itself; these villages will have to be relocated. Further, more than 30 secondary and higher secondary schools, four hydroelectric projects, many tea factories and tea estates, and many temples have thus been illegally included in the boundaries of the Tiger Reserve. Similarly, the Forest Department has announced that, in order ostensibly to recover an elephant corridor, both patta lands and all other lands will be taken over by the Department and the buildings on those lands demolished. The news that the survey work for this has begun in Masinagudi and many other areas in the district has hit the people living in this area like a thunderbolt. There was no scientific verification of whether or not the targeted areas actually are an elephant corridor. After living under Forest Department atrocities for forty years, the people of the area are now living in fear that their
livelihoods will be further imperiled by the illegal tiger reserve, the elephant corridor and similar projects.
Struggle Against Forest Bureaucracy in Tiger Reserves; Massive Demonstration in Tamil Nadu
The notification of the Critical Tiger Habitat through G.O. Ms 145 was illegally done without the consent of the gram sabhas, without any public consultation and in the absence of any scientific investigation. It was therefore in violation of section 38V(5)(ii) and section 38(V)(4) of the Wild Life (Protection) Amendment, 2006. This has produced a situation where the rights of adivasis and forest dwellers will be violated. Hence we demand that the Tamil Nadu government withdraw GO Ms 145 and desist from declaring this area a Tiger Reserve. The Forest Rights Recognition Act of 2006, which recognises the livelihood rights of thepeople and protects their traditional rights, should be immediately implemented. Under this Act, the people of the area have the right to use and protect all common and community resources. In keeping with this, the Elephant Corridor, which is being declared with no scientific basis or legal procedure, should be withdrawn. Moreover, action should be taken under section 7 of the Forest Rights Recognition Act against the Forest Department officials who have violated this law.
The illegal destruction of forest in connivance with the Forest Department must be immediately stopped and action taken against the responsible forest officials.
By : Ritesh Prasad