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Ensure recognition of all community, individual forest rights of STs, OTFDs; single, married women

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Civil rights organizations Community Forest Rights-Learning and Advocacy process (CFR-LA) All India Forum for Forest Movements (AIFFM) and Mahila Kisan Adhikar Manch (MAKAAM) have worked out a Citizens’ Charter on forest rights vision and promise of FRA. Its demands are proposed to be placed before the political parties for the upcoming elections. Seeking  broader consensus, following is the text of the charter

forest-rights-acts

The Forest Rights Act (FRA) was enacted in 2006 to undo the historical injustice against Adivasis and other traditional forest-dwelling (OTFD) communities by recognizing their pre-existing rights over forest land and community forest resources. The FRA provides for democratic governance of forests by vesting the rights and authority to manage and conserve forests in the Gram Sabha and forest dwellers. The law also recognizes and vests rights over community forest resources (CFR), individual/common rights over forests for cultivation and habitation, ownership and control over minor forest produce (MFP).

FRA expressly recognizes women as equal participants in decision-making in the Gram Sabha, and their equal ownership in individual and community forest resources. For pastoral and nomadic communities, particularly vulnerable tribal groups (PVTGs), and displaced communities, the FRA recognizes rights over seasonal use, habitats and in-situ rehabilitation respectively.

DEVELOPMENT POTENTIAL OF FRA

At the minimum, FRA has the potential to secure rights and livelihoods of at least 20 crore STs and OTFDs over 40 million ha (50% of India’s forest land) covering 177,000 villages. The majority of districts with a high number of villages eligible to claim CFR are located in tribal majority and poverty stricken regions, and face conflicts over land and resources. Evidence from the ground shows that rights holders have used FRA effectively for:
 

  • Transforming forest management to meet local livelihood and cultural needs;
  • Democratizing environmental protection by relying on traditional knowledge and customary conservation practices;
  • Securing gender justice and rights of women over land and forest;
  • Ensuring food security and poverty alleviation;
  • Addressing land and resource conflicts; • Moving towards meeting India’s international commitments for climate change mitigation, eg AICHI targets under the Convention on Biological Diversity.

CURRENT STATUS OF IMPLEMENTATION

As per MoTA, individual and community rights have been formally recognized over 10- 13% of minimum potential area up to 2018, although this data has many discrepancies. An earlier assessment by CFR-LA in 2016 showed that the extent of recognition of CFR rights is over a mere 3% of the potential area.

ISSUES AND CHALLENGES IN THE IMPLEMENTATION OF FRA

Institutional challenges
 

  • Obstacles by forest bureaucracy and lack of political will: There are numerous reported instances of the forest department raising illegal objections to claims, not cooperating with Gram Sabhas in verification proceedings, imposing joint forest management (JFM) scheme on areas claimed under FRA, refusing to sign titles approved by District Level Committees (DLCs) and carrying out evictions where claims have been filed but not yet processed. Further, despite being the nodal ministry for FRA, MoTA has been marginalized by the MoEFCC in the formulation and implementation of policies relating to forests and forest rights. The absence of political will at the centre and state levels also ensures that the circulars and guidelines issued by MoTA on FRA are scarcely implemented. Nodal agencies at the state level continue to lack basic institutional support, capacity and human resources for the discharge of their functions. There are only minor investments into building capacities and efficiency of nodal agencies.
  • Non-recognition of authority of Gram Sabhas and rights of women, OTFDs, PVTGs and other vulnerable groups: About 50-60% IFR claims have been arbitrarily and illegally rejected in different states. Lands used for activities ancilliary to agriculture have not been recognized. Numerous titles impose illegal conditions on the exercise of rights by Gram Sabhas, or are issued over a smaller area than is claimed, or do not clearly demarcate the land leading to conflict. Women continue to be marginalized from decision-making in Gram Sabhas and FRCs, despite their right to full and effective participation in these bodies, and their traditional leadership in conservation. Many titles have not been issued jointly in the names of both spouses or single women in female-headed households. Instead, women remain most vulnerable to harassment on account of false cases of forest offences for collection of MFP, and to sexual violence and atrocities in the exercise of their rights. OTFDs have been mostly excluded due to misinterpretation of the provision relating to their eligbiity and the onerous evidentiary conditions imposed for establishing habitation and dependence of OTFDs on forests for three generations. At the same time, PVTGs, pastoral and nomadic groups face serious danger of loss of life, culture and livelihoods without secure rights and titles over their habitats and seasonal land use.

Conflicting laws and policies
 

  • Large-scale forestland diversion and illegal exemptions in clearance processes: Between June 2014- May 2018, MoEFCC has issued Stage-I and StageII clearance for more than 6,000 new projects over 124,788 hectares, out of which mining and linear projects constitute 25% each (CSE 2018). The MoEFCC has issued a number of Guidelines and Circulars exempting compliance with FRA and free, prior, informed consent of Gram Sabhas in clearance for linear projects and prospecting of minerals. Further, there is routine lack of compliance with statutory processes under the Forest Conservation Act, LARR, Coal Bearing Areas Act etc. in granting approvals for new projects or regularizing old ones. These bypass necessary safeguards for environmental protection, as well as rights, livelihood and consent of affected peoples, leading to human rights violations and impoverishment.
  • Evictions from Protected Areas and mass atrocities: Efforts to coercively evict forest-dwellers have escalated in recent years, through the illegal declaration/ extension of protected areas (wildlife corridors, tiger reserves etc.). Statutory processes under the FRA and Wildlife Protection Act (WLPA) requiring exploration of strategies for co-existence and community conservation, recognition of rights, consent of Gram Sabha to relocation and rehabilitation packages, among others, are rarely complied with. There are reported instances where Gram Sabha consent has been forged, and the forest department has imposed unreasonable and illegal restrictions on exercise of rights, including collection of MFP, cultivation and free movement of rights holders, especially OTFDs and PVTGs. These are accompanied by routine atrocities and violence, as women face physical, verbal and sexual harassment from the forest department in their exercise of rights, and dispossession through fencing and destruction of common lands.
  • Compensatory Afforestation Fund Act, 2016 and Rules, 2018: The CAF Act and Rules operate on the flawed assumption that forests destroyed for non-forest purposes can be replaced through plantations in others areas. CAF leads to largescale land and forest rights violations, atrocities upon adivasis and forest-dwelling communities as plantations are routinely set up on forest and common lands. It also causes environmental destruction (70% of CA is of commercial monoculture plantations) while failing to control the accelerated rate of forest diversion, and harms local livelihoods with disproportionate hardship on women. CAF violates the FRA, PESA and Fifth Schedule by failing to provide for the free, prior and informed consent of gram Sabhas despite major objections by forest rights groups.
  • Creation of Land Banks: Land banks, proposed both for industrial and CA purposes, illegally usurp common lands, revenue forests and degraded forests over which forest-dwellers have legal rights. On 8 November 2017, MoEFCC issued Guidelines for the creation of land banks for compensatory afforestation for easier and speedier forest clearances, while violating FRA, PESA and Fifth Schedule.
  • Draft National Forest Policy 2018: The draft NFP 2018 reverses decades of significant gains in democratizing forest governance under the existing NFP 1988, FRA and PESA. The 2018 draft regresses to colonial-era forest management by reintroducing a focus on increased privatization, industrialization and diversion of forest resources, and encouragement to monoculture plantations. Further, the draft proposes to subsume the statutory authority of gram Sabhas to manage and govern forests under the FRA by creating a parallel ‘Community Forest Management’ Mission within the failed framework of Joint Forest Management (JFM).
  • Non-implementation of minimum support price for MFP: Although Central government has professed support to guarantee MSP for MFP owned and collected by forest-dwelling communities, significantly low volume of funds have been released, and no action barring a few notifications has been taken.
  • National REDD+ strategies: The national REDD+ strategies promote massive monocultural plantations through the forest department and private sector involvement, expansion of protected areas, and inclusion of new areas for carbon sequestration such as grasslands, mangroves, coastal sea grasslands etc., with only vague references to safeguard mechanisms for ensuring protection of rights of local communities. They also promote JFM as the preferred institutional mechanism, raising concerns over the impact on communities dependent on them, and with the authority to manage these resources, such as pastoral communities.
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DEMANDS
 

  • Ensure recognition of all community and individual forest rights of STs and OTFDs, including the rights of single and married women, PVTGs, nomadic and pastoralist tribes, displaced communities.
  • MoTA to launch national Mission for FRA implementation (Van Adhikar Abhiyan)
  • Review functioning of institutional mechanisms under FRA to ensure they are properly constituted, have adequate representation of women, and are effective
  • Review all rejected and pending claims, and those approved conditionally or over smaller area than is claimed
  • Make available gender-disaggregated data on the status of claims, titles and composition of authorities Recognize and protect authority of Gram Sabhas to govern forests, with the full and unrestricted participation of women
  • Ensure compliance of all Forest Department Working Plans with the CFR Management Plans of Gram Sabhas, and scrap JFM Committees/Van Suraksha Samitis undermining the authority of Gram Sabhas
  • Ensure free, prior and informed consent of Gram Sabhas on all matters relating to the management, protection and conservation of community forests
  • Direct state governments to withdraw all forest offence cases and other retributive measures criminalizing exercise of rights by STs and OTFDs
  • Allocate all funds for forest development and management to Gram Sabhas, and ensure convergence of all relevant government schemes (MGNREGA, PDS etc.) with FRA
  • Cancel leases on forestlands granted to Forest Development Corporations and implement MSP for MFP owned and controlled by Gram Sabhas Repeal all laws and policies conflicting with FRA and undermining the authority of Gram Sabhas.
  • Constitute a High Level Empowered Committee headed by MoTA, with members from MoEFCC, MoRD, MoPR, NCST, NHRC and non-official members, to review all conflicting enactments, policies and guidelines issued by MoEF, MoRD and other ministries to ensure compliance with FRA. Repeal CAF Act, withdraw MoEFCC guideline for creation of land banks, draft NFP 2018 and National REDD+ strategies.
  • Ensure notification of all tiger reserves, tiger corridors, wildlife sanctuaries and Ecologically Sensitive Zones comply with FRA and WLPA 2006
  • Suspend all relocations and evictions until forest rights are properly and lawfully recognized; free, prior, informed consent of Gram Sabhas obtained; and past and ongoing relocation processes reviewed for FRA compliance. Ensure proper compensation for recognized forest rights and existing assets under LARR whenever relocation from PAs does take place
  • Integrate FRA in all targets and commitments for achieving international conservation and climate change mitigation goals, including those under the AICHI targets and Other Effective Area Based Conservation Measures (OECMs) under the Convention on Biological Diversity Ensure compliance of forest land diversion processes under all enactments with FRA and the statutory authority of Gram Sabhas by obtaining their free, prior and informed consent
  • MoTA should actively engage with MoEFCC, Forest Advisory Committee (FAC) in all present and future forest clearance processes to ensure compliance with FRA and Forest Conservation (Amendment) Rules, 2016
  • Review all forest diversion since 2006 for compliance with FRA and Rule 2 (b) of Forest Conservation (Amendment) Rules, 2016; identify violations and recommend action, including withdrawal of clearance where diversion has been recommended without free, prior and informed consent of Gram Sabhas
  • Authorize the FAC to directly receive consent/ non-consent from Gram Sabhas Reform the forest bureaucracy to serve the rights of forest-dwelling communities by respecting MoTA’s mandate related to forest rights
  • Direct forest bureaucracy to provide proactive support for rights recognition and FRA implementation in co-ordination with MoTA and state nodal agencies
  • Build capacities of forest department to respect and incorporate rights of use, management and conservation of STs and OTFDs over forests
  • Direct state governments to ensure accountability of forest department for FRA and human rights violations, atrocities and violence against women, STs and OTFDs in the exercise of their rights

Courtesy: Counterview.org

Mamata demands Modi government’s ouster for failing to prevent terror attack

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Kolkata, Feb 18 (IANS) West Bengal Chief Minister Mamata Banerjee on Monday slammed the Modi government for politicising the Pulwama terror attack and demanded its ouster for failing to take precautionary measures despite an intelligence alert of a possible attack.
Banerjee also accused the RSS and the BJP of trying to incite communal violence in her state.


 

“So many jawans have been killed. We seek punishment for the perpetrators, but responsibility for the negligence must also be fixed. There should be an investigation into the incident,” said Banerjee while speaking to reporters at the state Secretariat.

Alleging that last month an American intelligence advisory had warned of communal violence in India in the name of elections, the Chief Minister asked, “Why was action not taken despite this intelligence report?”

“Why was a convoy of 78 vehicles transporting over 2,000 troopers allowed to go together, when the government had information about a possible attack? Why were precautionary measures not taken? Why have so many people died?” asked Banerjee.

 

Banerjee said following Thursday’s terror attack, the Opposition has stood behind the government without asking any question.

“We have kept quiet, but we have seen Modiji and Amit Shah delivering speeches daily. And the waythey are speaking, it seems as if they are the only patriotic leaders in the country. This is not right,” she said.

“Modiji must tell us what action he has taken between the attacks in Pathankot and Pulwama. What action has he taken in the past five years?” she asked, adding, “If he cannot take control of the political situation in the country, he should resign”.

Courtesy: Two Circles
 

Did Akbar really examine paintings every week? All the World’s a Mughal Stage

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Somok Roy in conversation with Mika Natif


Mika Natif at the School of Arts and Aesthetics, JNU

Traditional scholarship has viewed South Asian art under the shadow of a European “influence”. In sharp contrast, art historian Mika Latif’s imaginative work on Mughal courts, Akbari paintings and eroticism in the arts of the Islamic world, offers new ways to read artistic dialogues across cultures. Her recent monograph, Mughal Occidentalism (2018), published by Brill, is a detailed study of Mughal paintings, which challenges the conventional classification of material culture on regional, communal, dynastic, or temporal identities.
In an interview with Somok Roy, Mika Natif reflects on the world of Mughals, teaching humanities, and ‘recasting’ women in the histories of early modernity.


Mughal Occidentalism (2018), published by Brill, focuses on Mughal-Renaissance cultural exchanges

Somok Roy: In Mughal Occidentalism (Brill, 2018), you locate the relationship between Mughal art and European art, in trans culturalism, which is different from the traditional idea of a dominant European “influence”. Why do you think that this shift is necessary, and how did you read visual material differently to avert this notion?
Mika Natif: I believe that the shift in perspective was necessary in order to emphasize the agency of Mughal artists and patrons regarding the artistic relationship between European and Mughal painting. It seems that nobody was truly asking the question of why in the 1580s-1590s the Mughal elites – patrons and artists – would be even interested in incorporating Renaissance and Christian materials into their own creations, and what would these images mean for them.

Until very recently, the art historical discourse was shaped by a Eurocentric, not to say chauvinistic, agenda. Scholars have regarded the phenomenon as an “influence” of European and Catholic art on Mughal painting. The term “influence” alludes to imbalanced power relationships in which the “influencer” appears active and powerful and the party being “influenced” is passive and therefore weaker. My intervention challenges such a paradigm that casts these Mughal paintings as essentially derivative of Renaissance art and I move away from binary views of artistic exchanges. In the book, I demonstrate how these innovative visual changes were grounded in the new Mughal policy of sulh-i kull (‘universal conciliation’ or ‘peace with all’) and the formation of a multivalent empire with global aspirations.

SR: Your emphasis on parsing, selection, adaption and repurposing restores agency to the Mughal patron and artist. This positions Mughal visual culture as an intellectual tradition in its own right, and the ateliers as a site of knowledge production. Are there textual sources that refer to these practices, and do we see a similar reworking of the “oriental arts” in the courts of early modern Europe?
MN: Mughal textual sources can be allusive sometimes, and I often find myself reading between the lines. On the other hand, we should examine them critically and not accept immediately everything they say at face value. Ideally, as an art historian, I try to create a balance between textual and visual sources and pay attention to the ways they support or contradict one another. For example, Abu’l Fazl, the court chronicle, describes the ways in which paintings were inspected and evaluated every week by the Emperor and the head of the royal library. From his description we may learn of the close attention to details under which works of art were scrutinized. Did Akbar really examine paintings every week? Most likely not. After all, there were times that he was on the move, dealing with military campaigns or suppressing rebellions in the empire. However, Abu’l Fazl’s description of this close examination correlates to what I see within the works of art themselves: great attention to details that can only be achieved through intricate processes of parsing and selecting.
As for similar processes on the European side, the works of Rembrandt are a good example. Gary Schwartz gave a fascinating paper on his “Mughal series” a few months ago.

SR: In your book, you define “Mughal Occidentalism”, with reference to “international cosmopolitanism and a politics of cultural superiority on the part of the Mughals.” While scholars like Ebba Koch have written on Mughal cosmopolitanism in material culture, the politics of cultural superiority of aesthetics in a global/transcultural context seems like a new area of enquiry. Could you elaborate on the specificities of the cultural competition?


Jahangir with a globe- a favourite self-image of Mughal sovereignty and transculturality of the emperor. This painting is housed in the Chester Beatty library, Dublin. 

MN: Mughal claims of cultural superiority can be seen in textual sources, as has been demonstrated by the works of historians Muzaffar Alam, Sanjay Subrahmanyam, and Corrine Lefèvre. These attitudes are also visible in several incidents linked to paintings. For example, when Sir Thomas Roe, the English ambassador under King James I, visited Jahangir’s court, he brought a painting as a gift. When he was asked and then failed to identify some of the figures in the picture, the Ambassador was reprimanded by the Mughal Emperor.  On another occasion, Jahangir put Roe’s cultural abilities into test. He showed the Englishman five images, one original and four copies, of a European painting that Roe himself brought as a gift to Jahangir, and asked him to identify the original. Roe, of course, failed to do so, to the delight of the Mughal Emperor.

Other modes of artistic competition can be seen in the works of Abu’l Hasan, Ruqaya Banu, Nini and others.

SR: Both “Orientalism” and “Occidentalism”, like anyother ‘ism’, have been in the eye of the storm in the academy for years. How have your colleagues and fellow art historians responded to “Mughal Occidentalism”?
MN: So far [I] have been getting wonderful responses from colleagues in various fields. I think that the book bridges a gap in scholarship on pre-modern South Asia and initiates a new dialogue between Renaissance specialists and historians of Islamic art.

SR: Coming to your fascinating work on micro-landscapes in Mughal paintings, especially from the Akbari atelier, would you tell us how you began working on background narratives and receding landscapes?
MN: When you spend so much time looking at illustrated manuscripts and paintings from the Akbar period, one cannot resists delving into the amazingly intricate and idyllic landscape features that appear in so many pictures from the 1580s-1590s.  And then it makes you think about what is represented in these panoramas? Who are these figures? And geographically and temporally speaking, where all of this is located?


Sādi in a rose garden with his friend, painted by Govardhan, from a Gulistān manuscript. Natif reads homoeroticism in the metaphors and visual translations of Persian poetry. The folio is currently in the Freer Gallery of Art, Smithsonian. 

SR: In your study of landscape narratives, you draw beautiful connections between man and nature on one hand, and the notions of civility, justice and akhlaqi literature on the other. How does the idyllic, agrarian village, and the urbane Mughal metropolis come together in Akbari paintings?
MN: In the landscape painting, Mughal artists were masterful in portraying harmonious and balanced settings of the built world and the cultivated natural realm, related to Mughal urbanism and garden tradition. From a reading of Mughal literary sources about cities, topographical descriptions, and poetry in praise of urban centers, a geographical identity is revealed, which is manifested in the creation of micro-architecture landscapes in paintings. The particular time in which these vignettes appear, the 1590s, has a direct link to the crystallization of Akbar’s policy of the sulh-i kull and his striving to achieve balance and harmony among all subjects in the empire. These idyllic and intricate urban landscapes in the background of paintings reflect the Mughals’ sense of pride and ownership toward Hindustan and the reaffirmation of their just rule.

SR: You have also made significant contributions to the literature on sexuality and eroticism in art. At a time when global movements to acknowledge and decriminalise queerness and multifaceted sexualities is taking place, how does writing on premodern sexualities aid or enrich contemporary movements? Do you believe that academics have a greater responsibility leaning towards activism, especially if their research resonates with contemporary concerns?
MN: I hope that learning about pre-modern eroticism and sexuality and their role in art, poetry, literature and beyond, would help to contextualize and normalize such ideas. I also would like to believe that studying the Humanities may bring openness and tolerance towards others. This is where I see the role of academia in becoming a responsible and active agent with regard to contemporary concerns.

SR: As a specialist of ‘Islamic art’, who focuses on the transcultural worlds of ‘Muslim societies’, what does teaching art history mean to you in an age of seemingly ceaseless strife and disharmony? Do you see art history, and more importantly the act of teaching, as powerful engagements to battle the divisive hatred poured by the state and media?
MN: I am a great believer in education and learning. I think, as human beings, we are constantly in a state of learning. This is not something that stops once you graduate from school or university. Learning is a central part of living in the world, being open to great ideas, innovations, technology, and even smaller niches like cuisine and cinema. Teaching students to adopt this perspective and become critical thinkers is crucial, and I strive to do that through art history.

SR: In India, the ruling government is propagating a virulent form of nationalism, that is exclusive and predatory to say the least. A project of rewriting of the nation’s history based on notions of purity and indigeneity, and a complete erasure of hybridity or diversity is being orchestrated. Why, do you think, ‘transculturality’ poses an alarming threat to totalitarian politics, and how can academics and scholars make a public intervention at this point, outside the university departments and academic circles?
MN: Thinking about the Mughals and their policy of sulh-i kull, I believe that accepting ideas of transculturality means being self-secure, self-assured and comfortable, without feeling threatened by the existence of others or “otherness”.  Hence, transculturality comes from a position of great strength. It is also the place in which curiosity and inquisitiveness, which are notable signs of intelligence, come into play.

SR: Your current book project focuses on the portraits of Mughal women, c.1590-1660. We have recently seen a proliferation of works on Mughal women and gender politics, for instance the writings of Lisa Balabanlilar and Ruby Lal. How did you decide to work on women’s portraiture, and what should we look out for in your upcoming book?
MN: It’s actually very simple. In the last chapter of Mughal Occidentalism I focused on portraits of the Mughals. My initial thought was to include a section on female portraits and their relationship to European art. However, as work progressed, I realized that this was a bigger and more complicated issue that requires its own publication. There is a lot of “house cleaning” to do, and the topic is very exciting and timely.  I am having a lot of fun with the material!


Mika Natif teaches art history at the George Washington University, in Washington, D.C.

Somok Roy studies History at Ramjas College, University of Delhi. His research interests include early modern court cultures, the histories of desire and sexuality, and performance in Mughal India.

Courtesy: Indian cultural Forum