These indigenous Adivasi communities have been known for long for their more self-reliant life patterns integrated closely with forests and their protection. However they suffered heavily during colonial rule in terms of introduction of new exploitative practices, assault on their life and livelihood patterns and the resource base which sustained it. Subsequently there were several revolts against colonial rule and its collaborators. Apart from some of the better-known struggles such as those led by the valiant BirsaMunda, there were several less known but also no less important struggles such as those led by Govind Guru among the Bhils and related tribal communities in Central India. The extent of repression by colonial forces and their close collaborators here was also very extreme, perhaps even more than some of the widely known events of extreme repression such as the Jalianwala Bagh massacre.

In the post-independence period it was a well-recognised aspect of government policy that Adivasi communities constitute a particularly vulnerable group and special efforts for ensuring a fair deal to them should be made. This led to several development initiatives aimed particularly at benefiting these communities, while of course there are other schemes and programs open to all sections which benefit these communities as well.

There are reservations for scheduled tribes in jobs as well as in other aspects. Above all, there is recognition of their more autonomous path of development in keeping with their traditions and life-patterns, and a special law PESA (Panchayati Raj Extension to Scheduled Areas) has been enacted in recognition of this, also protecting the rights of tribal communities over resource bases in several ways.

However at the implementation level, the admirable aims of protecting Adivasi communities and their rights and interests could not be achieved to any desirable extent. In several areas these indigenous communities have been displaced on a very large scale or their life has been significantly disrupted by ecologically destructive projects. It is clear by now that several such distortions and mistakes need to be corrected.

This is all the more important in view of several fast emerging new factors that are re-emphasising the importance of strengthening these tribal communities and preserving and promoting sustainable livelihoods of such communities by integrating this task more closely with protection of environment. In this emergent thinking based on relatively new understanding, the progress of tribal communities is seen not in terms of individual beneficiaries, but in terms of a more holistic strengthening of tribal communities and their sustainable livelihoods in ways that are at the same time very helpful in reducing very serious environmental problems.

In recent years there has been increasing evidence-based recognition that a number of environmental problems led by but not confined to climate change are becoming serious enough to emerge as a survival crisis. In fact in the context of several vulnerable communities this survival crisis can already be seen. Along with climate change, related local problems of deforestation, changing land-use and resource use patterns including emergence of highly destructive ones, increasing water scarcity and threatened water sources are seen as parts of this survival crisis.

As a part of the sincere efforts for mobilising an adequate, credible, hope-giving and sustainable response to this emerging crisis, among more enlightened sections there is a refreshing trend to question the dominant development paradigm which has resulted in this deeply worrying crisis. This enlightened viewpoint argues that there is increasing need to give more importance to the alternative patterns of thinking and living (on that basis) which can give much greater hope for protection of environment. In this context the commitment and capability of several tribal communities to have a life-pattern integrated closely with forests and protection of forests has attracted much attention. On a deeper inquiry, several of these communities are found to be making much more careful and sustainable use of resources to meet their needs in ways which minimise waste and are more self-reliant in terms of satisfying needs on the basis of well-informed utilisation of local resources, including sustainable , protection-based, careful use of forests and other bio-diversity.

Hence it is increasingly realised that these communities, their life-pattern, world-view and thinking can contribute a lot to protection of environment. Despite there being increasing evidence of this, the bigger conservation projects even in the areas inhabited by such communities are often based on the displacement of these communities or on disrupting their life-pattern based on close integration with forests.This comes on top of other kinds of displacements and disruptions caused by various ‘development’, mining and other projects supported by powerful interests.

There is thus a clear need to bring suitable changes in the existing policy framework togive the highest importance to strengthening tribal communities and their sustainable livelihoods and integrating this task with a wider vision of protecting environment. This would be a great way forward for taking forward the welfare of tribal communities and at the same time achieving significant success in environment protection on a firm base with community involvement, the kind of success that would be welcomed and admired all over the world.

(The author is Honorary Convener, Campaign to Save Earth Now. His recent books include Protecting Earth for Children, Planet in Peril and A Day in 2071)  

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The FRA 2006, enacted under the UPA-I government, was a watershed moment in recognising the rights of forest-dwelling communities by breaking away from the colonial-era policies that placed forests solely under government control. For the first time since Independence, the Act aimed to correct historical injustices by empowering Gram Sabhas (village councils) to determine land rights and putting an end to the arbitrary control exercised by the Forest Department. However, despite its promise, the on-ground reality remains bleak. The AIUFWP’s letter highlights multiple reasons for the failure of implementation, including:

• Lack of political will among state governments to enforce the FRA.
• Deliberate neglect by administrative officials, who refuse to acknowledge claims under the Act.
• Continued harassment of forest-dependent communities by the Forest Department, which, instead of recognising their rights, evicts them and falsely prosecutes them under various laws.
• Deliberate rejection of individual and community claims by authorities without proper consideration.
• Failure to inform forest-dwelling communities about their legal rights, leaving them vulnerable to dispossession.

By submitting the letter to Gandhi on April 2, the AIUFWP had specifically pointed out that despite repeated submissions, no decision has been made on the community claims filed by the union. A list of these pending claims has been attached to the letter, underscoring the extent of bureaucratic delay.

Given these persistent challenges, the AIUFWP is demanding urgent intervention and has requested a meeting between Rahul Gandhi and representatives from multiple states to discuss the issue in detail. The letter, signed by Sokalo Gond, Chairperson of AIUFWP, makes it clear that without political action, the FRA risks becoming yet another unfulfilled promise for India’s most marginalised communities.

Sokalo Gond was accompanied by Munnar Gond. The meeting took place in Sansad Bhavan.

The complete letter may be read here.

Related:

Adivasi Land Rights Erosion: The effects of the 2023 Forest Conservation Amendment Act

Record number of forest diversion took place in 2023 amidst decline in spend of CAMPA funds, MoEF data reveals

All India Union of Forest Working People (AIUFWP) lists out their demands before the Lok Sabha election 2024

With less than two weeks for polling, how concerned are national parties on land and forest rights for Adivasis?

The post AIUFWP submits letter LoP Rahul Gandhi, calls for action as forest rights remain in limbo appeared first on SabrangIndia.

Condemning the arrest, the civil rights network, Campaign Against State Repression (CASR), called it “yet another attempt to silence the voice of Adivasis.”

Tekam was produced in a special National Investigation Agency (NIA) court in Bilaspur and charged under sections of the Unlawful Activities Prevention Act (UAPA) and the Arms Act, alleging that the police seized Naxalite literature, banners and explosives.

“It is a clear case of fabrication by planting the said materials illegally in his house while stage-managing a supposed raid and search operation. He was also arrested in false cases in October last year”, CASR said.

Acording to CASR, Tekam is “a well-known Adivasi leader who has been speaking against the violations of Adivasi rights and leading Adivasis in Chhattisgarh against the militarization and corporatization in the mineral rich area.”

Tekam is the convener of Bastar Jan Sangharsh Samanvay Samiti (Coordination Committee for Bastar Prople’s Struggle) and Vice-President of Sarva Adivasi Samaj, a collective of all Adivasi organisations in Chhattisgarh.

Said CASR, “Tekam has been fighting against fake encounter killings of Adivasis in the recent period, particularly after BJP came to power last year in Chhattisgarh. His attempts to mobilise Adivasi people against fake encounter killings is the main reason for this fabricated case.”

Demanding immediate withdrawal of the “false case fabricated against Tekam”, it sought his and release unconditionally, even as appealing “all democratic organisations to condemn Takam’s arrest.”

Courtesy: CounterView

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An example of this is seen from Maharashtra where Janjati Suraksha Manch, a group backed by the BJP’s ideological parents, the Rashtriya Swayamsevak Sangh (RSS) raised alarm after it demanded delisting religious converts from being recognised as scheduled tribes. Even Adivasi leaders from within BJP were alarmed at the demand, according to the report by Hindustan Times, and expressed fear that such demands and assertions would make the BJP lose vote in the upcoming elections. Similarly, tribes across India have been resisting Sanskritisation (read Hinduisation).

Out of the 48 Lok Sabha seats in Maharashtra, four are reserved for tribal communities. These seats include Nandurbar, Dindori, Gadchiroli-Chimur, and Palghar. Maharashtra’s Ramtek, Nagpur, Bhandara-Gondiya, Gadchiroli-Chimur, Chandrapur go to poll this coming week. With the main national players’, BJP and Congress, manifesto yet to be released, both parties have made appeals to Adivasis in Maharashtra. The Indian National Congress (INC) has, however released the Adivasi Sankalp, a programme within the manifesto especially for forest dwellers and Adivasis, on March 13. On March 15, Congress; Rahul Gandhi visited Nandurbar, and accused the BJP-led government of stripping tribals of their rights to the water, forest, and land, ‘jal, jangal, zameen’, as reported widely in the media. He promised that under his government, any district in India with a tribal population exceeding 50% would be included into the Sixth Schedule of the Constitution and also vowed to conduct a caste census and an economic survey of the population.

The Video of his speech may be watched here:

Conversely in November, 2023, the Indian Express had reported that the BJP was ‘reaching out’ to the Vimukta Jati and Nomadic tribes through the festival of Diwali. Unlike the language of land and rights over forest produce (means of production), the Sangh and its parliamentary wings has always chosen the culturally assimilative route. State BJP president Chandrashekhar Bawankule had then stated, “We have an emotional connection with the VJNT communities. We want to associate with them and ensure their participation in the festival of lights. We endeavour to bring joy to their ghettos.”

Similarly, Chhattisgarh’s Bastar also goes to poll in the upcoming weeks. Bastar has seen constant attempts at polarisation in the recent times as attacks against Christians have increased. The region has a significant population of Christians, several of whom belong to Scheduled Tribes, who have been facing attacks by local Hindutva leaders of the past year and more. Bastar has seen the BJP win in 2014, but lost to the Congress in 2019 elections. In the recent state elections, however the region swung back to the BJP.

On the national level, PM Modi recently launched the Janjatiya Gaurav Divas in Jharkhand in November 2023. The scheme had been initially announced in the 2023-24 Budget and is a part of the government’s Particularly Vulnerable Tribal Groups Development. The programme aims to provide basic facilities like housing, clean water, education, healthcare, roads, and livelihood opportunities. The PM’s visit to Jharkhand in December 2023, saw protestors demanding the institution of the Sarna Dharma Code as a separate religion; many of these protestors were arrested. However, introduction of schemes for Adivasis does not always mean their implementation as another scheme introduced by the government in the 2022-23 budget called the Venture Capital Fund for Scheduled Tribes (VCF-ST) was reportedly not put into action even after two years since its announcement, according to The Print. Much of this puts the BJP’s hold on Adivasi trust in a sticklish position.

Conversely the opposition paints a different narrative. On March 13, senior Congress leader Kharge revealed the party’s Adivasi programme manifesto, called the Adivasi Sankalp which has laid out six guarantees for the community, one of which included doing away with the much criticised amendments made by the BJP government to Forest Conservation Amendment Act (2023). The plan by the party has emphasised on the protection of Adivasi sources of livelihood and access to their land, water, and forest.

Related:

The case for forest rights in the republic of India: why should the BJP be worried?

Chhattisgarh: Why we must save the Hasdeo Aranya Forest

Over 90 former civil servants have strongly opposed “Green Credit Rules” making corporate access to forests easy

Odisha Government removes “deemed forest” provision

Supreme Court refuses to stay amendments to forest law

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Those who addressed the gathering included Delhi University’s Dr Jitendra Meena, Dr Saroj Giri of the Political Science Department and Dr Nandita Narain of St. Stephen’s College, DU.

Dr Meena spoke on the intensified displacement of Adivasis from their land by way of big corporates seeking to begin mining projects in resource-rich regions. He raised his astonishment as to how forests in Hasdeo which were once declared a “No-Go” zone for human activities are now being cut down for the interests of Adani’s mining project right after the BJP government came to power in Chhatisgarh.

He expressed his concern regarding how displacement of people in the name of environmental conservation and building a tiger reserve such as in Kaimur, is being justified through amendments in forest conservation and wildlife protection laws.

He said, “108 villages in Kaimur have been given a notice for displacement. Same story is being seen in Rajasthan, in the Kumbhalgarh area, where more than 50 villages have received the same notices for displacement. In Karoli, Dhaulpur, more than 50 villages too have received notices from the government to leave. Where will these Adivasi peasants go, what will happen to their lives? Nobody knows. But the story of displacing them from their lands has already begun, whether it be in Kaimur, Hasdeo, Bastar or Rajasthan.”

Dr Giri pointed out how the Indian state is unleashing an undeclared and undocumented war on the Adivasi people of the country since Salwa Judum and Operation Green Hunt which has now intensified into Operation Samadhan-Prahar. The people’s struggle against militarization and corporate loot is a struggle for their existence which is tied to their land, he said.

Condemning the death of a 6 month old infant in Bijapur during anti-Naxal operations, he drew a contrast with previous such massacres in Gompad, Sarkeguda and Eddesmetta, stating, despite judicial enquiry reports finding the paramilitary personnel responsible for the fake encounter in Edesmetta and Sarkeguda, no action has been taken.

Dr Narain said how corporate loot of resources is expanding its tentacles. She reminisced the campaign led by Dr GN Saibaba against Operation Green Hunt which culminated in his incarceration, thereby exposing the state’s attempt to silence any voice that questions this undeclared war.

The protest was also addressed by constituent members of FACAM.

Courtesy: CounterView

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Meanwhile, in response to the protests, former deputy chief minister and Ambikapur MLA T.S. Singh Deo, a political strongman from the Sarguja region where Hasdeo is located, met protesters and said that he had spoken with the chief minister about the ongoing protests in Hasdeo Arand.

Addressing the media in the national capital of New Delhi, CBA convener Alok Shukla also highlighted the fact that “fake gram sabhas” were being organised in the state for seven coal blocks allocated to corporate houses, “Hasdeo forests are being cut for corporate profit and not to meet demand for coal.”

Others from Hasdeo Aranya Bachao Sangharsh Samiti, Sudiep Shrivastava, advocate, Chhattisgarh High Court, highlighted how irrespective of the party in power, Congress of Bharatiya Janata Party (BJP), Adivasi community has always suffered at the hands of corporates. This has been reported in The Times of India, The Wire and Mooknayak..

Adivasis and forest dwellers from across India, Rajasthan, Gujarat to Chhattisgarh and Odisha, have been excluded from all benefits of progress while have paid the greatest cost for the development schemes, speakers alleged. Umeshawar Singh Armo, a leader of the movement and a member of the Hasdeo Aranya Bachao Sangharsh Samiti highlighted the “brutal treatment of Adivasi’s protesting the destruction of Hasdeo forests.

Seven persons active in the movement have been charged under fake cases in the FIRs filed against them. If these forests are not saved, people will lose all confidence in the government,” he said. Advocate Sudiep said, “Hasdeo forests are being cut for the benefit of one corporate that is Adani Group.”  He stressed how, ever since 2014, Hasdeo forests had been declared a no-go zone but time and again this has been overlooked.  To pursue a skewed “development” agenda, the Adivasi community is not only being displaced but their protests are being criminalised, the organisation said.

Activists and tribals have been protesting against massive tree felling in Hasdeo forest which is home to many tribal communities, wild animals and birds and are now facing a direct impact on their lives due to the deforestation and mining activities. The site of PEKB coal mine has been allotted to Rajasthan State Power Generation Corporation Limited by the ministry of coal. The ministry of environment and forests has granted the power company permission for excavation of coal in the last phase. Of the 134.7 hectare forest land allotted for the coal mine, over 91.1 hectare land has to be handed over to the Rajasthan Company for mining. Both the forest department and Surguja district administration jointly decided to begin tree felling for extension of the coal mine.

BIG BREAKING

Huge protest against BJP Government
Tribal people protect
The water, forests and Land

But Godi Media not coverings because Big businessman involved in the case

Repost Tweet#SaveHasdeo pic.twitter.com/qrrd9q2tg4

— Ashish Singh (@AshishSinghKiJi) January 3, 2024

A section of activists also spoke of the futility of having an Adivasi chief minister if he continues to overlook the community’s priorities to facilitate corporate interests in Chhattisgarh. The question whether Vishnu Deo Sai, the state’s first tribal chief minister, will intervene in the matter has immediately become a dominant concern, and perhaps, the first big challenge for the newly appointed chief minister.

“Yes, Chhattisgarh has got its first tribal chief minister and the Adivasi community felt that maybe he will act in their interests. But the manner in which Adivasis are being oppressed and corporate interests are being upheld in Hasdeo, it has become clear that the tribal chief minister is [wearing] a mere mask, and what corporates will decide, only that will happen,” Alok Shukla, convenor of the Chhattisgarh Bachao Andolan, told The Wire.

On December 22, the felling of trees in the biodiversity rich forest started despite protests from locals and activists. Hasdeo Arand is one of the last unfragmented forest landscapes in central India. This area, spread across over 1,500 kilometres through central India, the area is home to India’s tribal communities, with an estimated five billion tonnes of coal buried under the dense forests. Mining has become a huge business in the area, leading to protests by the locals.

According to an investigation by Scroll.in in April last year, the Adani Group has been excavating coal from the PEKB mine since 2013 on behalf of Rajasthan’s state electricity generation company, Rajasthan Rajya Vidyut Utpadan Nigam Limited, to whom it was originally allocated.

Activists have alleged that those who were travelling to the area to protest against the felling of trees were detained by the police on the morning of December 22.

Activists, including Ramlal Kariam, Jayandan Porte, and Thakur Ram, were picked up from their homes and detained. Shukla himself was stopped by some persons who were not in police uniform, while on his way to Hasdeo on December 22 morning. They were taken to Bilaspur and released late at night said CBA.

“I had left from Raipur and was on my way to Hasdeo to meet other activists, and I was picked up on the way and taken to Bilaspur. Ajay T.G., who is a documentary filmmaker, was also with me. After Ajay contacted some lawyers around 4 pm in the evening, word of our detention got out,” he said.

However, the new Bharatiya Janata Party (BJP) government has denied that the police detained anyone, reported Press Trust of India.

On Wednesday, Sai, while speaking to reporters, blamed the previous Congress government.

“They should see that the permission for deforestation is from a time when it was their (Congress) government in power… Whatever has happened, even if it is deforestation, is happening with their permission,” he was quoted by the news agency as saying.

Earlier, after meeting with the protesters, Singh Deo told reporters that as a tribal himself, Sai was expected to protect their interests.

“The chief minister of Chhattisgarh himself comes from the tribal community of Surguja division – it is expected from him that he will listen to the protesters. At least protect the interests of the community from which he has come forward and got the opportunity to lead the state,” he said.

‘Congress and the BJP taking each other’s work forward’

Ironically –making a pertinent point on the issue on the eve of the upcoming Lok Sabha elections — activists also said that both the BJP and the Congress have deprived Adivasi’s of their rights and Sai’s elevation as the first tribal chief minister has been rendered symbolic by the deforestation drive in Hasdeo Arand.

Shukla said that the second phase of mining for PEKB affects the Ghatbarra village, which will be “displaced entirely”.

“Even today, the Ghatbarra gram sabha has not given its consent for mining in the area. [It is] right next to that Parsa coal block; [it] will affect three villages, which have been agitating [against mining] for five years.”

Shukla’s organisation has also previous studied the issue and said that, according to the Forest Rights Act of 2006, completion of the forest rights claims process and obtaining written consent from the concerned Gram Sabhas (village councils) are mandatory before granting forest clearance for any project. They have also alleged that fake consent was obtained from the gram sabhas in the Hasdeo Arand area.

Over two years ago, in October 2021, hundreds of villagers from the Hasdeo Arand area had walked 300 kms to Raipur to protest against mining in the area. They had met then chief minister Bhupesh Baghel and Governor Anasuya Uikey.

“On October 23, 2021, the governor wrote to the chief secretary to probe these fake consents, however, no enquiry has been done. So, in the last five years, nothing has been done to give justice to the Adivasis in the area,” said Shukla.

“On July 26, 2022, the Chhattisgarh assembly passed a unanimous resolution that mining activities will not be carried out in Hasdeo. But unfortunately, deforestation activities have now started,” he added.

Detailing the affidavit submitted by the Chhattisgarh government to the Supreme Court in July, Shukla also pointed out that the government had admitted that, aside from the PEKB project, there is no necessity to allocate or use any new mining reserve areas for mining in Hasdeo.

“Whether it is a resolution passed unanimously by both the Congress and the BJP in the assembly, or the Supreme Court affidavit, or overlooking the Gram Sabhas’ opposition, all efforts have become null and void in the face of corporate interests,” he said.

“In several villages that are not part of Hasdeo but are part of Raipur, Bilaspur, Kanker, Durg zilas, villagers are ready to take out protest marches apart from the organisations working to protect Hasdeo. These protests will likely intensify as the Congress and the BJP continue to shift the blame to each other,” he said.

At the January 3, press meet in Delhi, the focus was on mining activities in Hasdeo Aranya forest that have recently raised many concerns. Villagers allege that their consent was not obtained, and the deployment of police force to suppress protestors cannot be overlooked. In light of these issues, a press conference was organized at the Press Club of India on December 2nd by ‘Chhattisgarh Bachao Andolan’ (CBA), a joint forum comprising various people’s movements in Chhattisgarh.

The event focussed on the extensive tree felling in Hasdeo-Aranya forests, accompanied by substantial police protection, and the suppression of Adivasi protestors during December in the Sarguja district of Chhattisgarh. Additionally, a significant police presence has been reported in the Sijimali region of Odisha since December, allegedly with the intention of forcibly obtaining consent from villagers for Vedanta’s bauxite mining project. Mountains in Odisha’s Kalahandi and Rayagada districts have been allocated to various corporations, including Vedanta and Adani, for bauxite mining.

Umeshawar Singh Armo, also a well-known figure in the movement and a member of the Hasdeo Aranya Bachao Sangharsh Samiti, brought attention to the harsh treatment of Adivasis who are protesting against the Hasdeo forests takeover. In a concerning development, seven individuals actively involved in the movement now face charges in FIRs with the suspicion that these cases are fabricated.

Sudiep Shrivastava, an advocate from the Chhattisgarh High Court, discussed the targeted deforestation of the Hasdeo forests for the exclusive benefit of Adani. He stated that despite the declaration of Hasdeo forests as a no-go zone since 2014, this directive has been consistently violated.

Prafulla Samantara, senior Adivasi rights activist from Odisha and winner of the Goldman prize, highlighted the 2013 Supreme Court judgment on Adivasi consent for mining projects. He stressed the current violation of the Samata judgment and changes in laws favouring corporations. Samantara, also a renowned environmentalist – who had been abducted in August 2023 from Behrampur in Orissa while about to address a press conference on illegal bauxite mining in South Odisha– emphasized the ongoing fight for people’s rights against corporate interests, citing instances from Hasdeo to Odisha. He specifically mentioned recent protests in Sijimali, noting Gram Sabhas‘ manipulation for Vedanta’s bauxite mining, leading to charges under the Unlawful Activities (Prevention) Act (UAPA) against protestors.

Nandini Sundar, a Professor at the University of Delhi, stressed that the challenges faced by the Adivasi community in regions like Chhattisgarh and Odisha are not isolated concerns but fundamental issues tied to climate change, affecting everyone.

She outlined the various protests in Bastar, including the Silger movement that took place two and a half years ago. This movement has consistently raised its voice against the violations of PESA (Panchayats Extension to Scheduled Areas) and other constitutional guarantees for the Adivasi community. Sundar highlighted the escalating militarization in Bastar, emphasizing that it primarily serves to protect mining operations rather than ensuring the well-being of the Adivasi community.

Adivasi anger fuelled BJP’s victory

In the recently concluded November 2023 state elections, the BJP unseated the Congress government by winning 54 of the 90 assembly seats, while the Congress only managed to win only 35 seats. With approximately 30% of the population being tribals, the state witnessed the appointment of its first tribal chief minister, Sai.

The Congress, which won 25 of the 29 reserved seats for Scheduled Tribes (ST) in the 2018 assembly polls, secured only 11 this time. The BJP improved its tally from three in 2018 to 17 seats dominated by tribals this time.

The Wire  reports that veteran tribal leader and former Union minister Arvind Netam, who quit the ‘grand old party’, the Copngress to start his own political party, the Hamar Raj Party, said that the reason behind Congress’s loss in these elections was its neglect of the tribal community and dilution of the Panchayat Extension to Scheduled Areas (PESA) Act.

The PESA law, passed in 1996, seeks to provide a sense of autonomy to the local Adivasis by making the consent of the Gram Sabhas in Adivasi areas mandatory for projects in the region. When the Congress government notified and implemented the PESA rules in 2022 (almost 25 years after the law was passed), the “consent” of Gram Sabhas was changed to “consultation”.

Shukla said that along with the dilution of the PESA law, which angered Adivasi’s who had voted for the Congress “with a lot of hope” in 2018, it also failed to act decisively against Hindutva forces. Bastar’s Narayanpur emerged as the epicentre of the BJP’s claims of “forced conversions” by Christian missionaries in the tribal regions of the state.

A staggering  20 instances of anti-Christian violence were also reported from the Narayanpur district in December 2022 alone with even a church in Narayanpur being vandalised in January 2023. “In Narayanpur, the Congress was following soft Hindutva and did not act to protect those who had converted to Christianity. Riots were reported, apart from attacks on church, and not allowing burials of those who had converted to Christianity. While the Hindutva supporters in the region were to vote for the BJP anyway, the Adivasi Christians were also disappointed because no action was taken to protect them,” said Shukla.

According to Bastar-based lawyer and activist Bela Bhatia, in terms of policies, the BJP and the Congress haven’t acted differently for the tribal community.

“The Adivasi community expected an adequate shift when the Congress came to power. It is not that attacks on Christians were new, but they increased during the Congress years, and the government did not handle it boldly,” she said.

Related:

Chhattisgarh gov’t halts three Hasdeo Arand mining projects

Scrap mining projects in Hasdeo forests: Friends of Hasdeo Aranya

Operation Samadhan-Prahar & the Changing Nature of Indian State

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On December 13, during the ongoing winter parliamentary session, Chandra Prakash Choudhary raised several questions regarding the rehabilitation of displaced families due to the land acquired for coal mining activities. Through his question, Choudhary inquired about the total land acquired, the number of families displaced, and the compensation and employment provided to those families. Choudhary is a member of the Lok Sabha from Giridih constituency. These questions were presented to Pralhad Joshi, who currently serves as the union minister of Parliamentary Affairs, Coals and Mines of India.

In its response, the union minister apprised the Lok Sabha by providing that the total land acquired by Coal India Limited in Kathara, Dhori and Bokaro & Kargali amounts to 13,709.44 hectares. The break up is as follows:

1. Kathara – 3765.7 Hectare
2. Dhori – 2966.71 Hectare
3. B&K – 6977.03 Hectare

The response also provides the number of families displaced by the coal mines in the aforementioned areas totalled to 1,043 families, the breakup for which is as follows:

1. Kathara – 83 Project Affected Families
2. Dhori – 110 Project Affected Families
3. B&K – 850 Project Affected Families

On the issue of employment and compensation, the minister responded by providing that the people who have lost their land are being provided direct employment at the rate of one employment for every two acres of land.

From the above table we can see that, the highest amount of compensation has been given to the people of Bokaro & Kargali whereas the lowest amount of compensation has been given to Dhori. Additionally, the highest number of people who have acquired employment belong to Bokaro & Kargali totalling to 709 whereas the lowest number of people who have acquired employment belong to Kathara totalling to 147.

The minister claimed that there were no cases pending where the necessary documentation is incomplete.

From the table provided above, it can be observed that a total of 12 cases are yet to be given employment in the Bokaro & Kargali area. This is followed by 4 cases of pending employment in the Dhori area. It is claimed that the Kathara area has no pending cases of providing employment. A total of 16 cases of providing employment are pending.

The rehabilitation process for displaced families on GM (Gair-Mazrua) land in Jharkhand has encountered multifaceted challenges. The absence of valid documentation for tenant land claims has led to demands for both house and land compensation, exacerbated by inadequate records and delayed land authentication by the government department. Building a consensus among villagers for the finalization of a rehabilitation site is hindered by disputes over employment claims surpassing established norms, creating internal familial conflicts. Complicating matters further is the resistance from the host community to accommodate displaced individuals at the designated R&R sites, compounded by the reluctance of villagers to relocate near this community. Moreover, the scarcity of suitable land for resettlement sites exacerbates the intricate web of challenges faced in facilitating the relocation and rehabilitation of these affected families.

To expedite the resolution of pending and under process cases, CCL (Central Coalfields Limited) has implemented several key measures. They are actively collaborating with applicants, state government authorities, and village representatives to secure any missing documentation related to employment proposals, ensuring a comprehensive record. Additionally, CCL officials are providing essential support to land losers, facilitating their access to the R&R (rehabilitation and resettlement) benefits. At the operational level, multiple monitoring groups have been established within projects and areas to oversee the planning, implementation, and evaluation of the rehabilitation action plan. These groups engage closely with state authorities throughout the plan’s execution. CCL maintains ongoing communication with affected villagers, engaging in negotiations aimed at achieving mutually agreeable solutions, thereby demonstrating a commitment to resolving these pending cases.

The complete answer can be read here:

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Kisan Bhagat’s family have receipts from Aarey Administration since the early 1960’s.

In 1969 Mumbai Chitra Nagari was given land from Bombay Dairy Scheme, Aarey Colony to establish Filmcity. Kisan Bhagat’s family continued to pay rent till the 1990’s to the Aarey Administration. In 2000 Aarey Administration stopped collection of rent from the Adivasi Hamlets across Aarey.

Filmcity administration wanted to takeover Kisan Bhagat’s Farmland to build film sets. Kisan Bhagat’s family has been resisting the takeover for a year. Kisan Bhagat’s wife is a cancer patient. Last year they couldn’t do any paddy farming. This year many Adivasi families came together to help Bhagat’s family to cultivate their land.

Today around 35 Adivasi men and women gathered near Kisan Bhagat’s land to safeguard that farm land.

In the morning the police first detained around 15 to 20 Adivasi Women and put them in a police van. Later on 4 Adivasi women and 2 men were taken to the Vanrai Police station. They are still at the Police Station.

Kisan Bhagat has filed claims on his farm land under the Forest Rights Act 2006. The decision on the claim is still pending. It should be noted that Filmcity shares boundaries with the Sanjay Gandhi National Park and Aarey Forest and Adivasi families have been staying in the forested areas of Mumbai over many centuries.

Bhagat’s family have made many attempts to file a police complaint under the Atrocities Act but the Aarey Police Station hasn’t taken any action but today Filmcity was given police protection to destroy Bhagat family’s farm land.

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The post Today Filmcity officials under police protection started to landfill Kishan Bhagat’s farm land appeared first on SabrangIndia.

The call given by the Bhumi Adhikar Andolan (BAA) has essentially sought to mobilise individuals, organisations, and communities to stand up against the exploitation of forests and demand the preservation of the Forest Rights Act. By joining hands and standing in solidarity, the participants hope to send a powerful message that the process of weakening the forests and the Forest Rights Act will not be tolerated.

The appeal from the Bhumi Adhikar Andolan has garnered significant attention and support from various quarters. It highlights the crucial role of community activism in protecting our natural resources and preserving the rights of forest-dependent communities. Today’s demonstration has been slated to be a unified display of solidarity, aimed at safeguarding our forests and ensuring a better future for all.

Says Zuheib, from the secretariat of the BAA, ‘the protest has been conducted all over India.’ In fact, the day of call has coincided with Hul Diwas, which has in turn strengthened the protests further. The protests have been particularly strong in states such as Jharkhand, Chattisgarh, and Odisha, where land and forest rights have been particularly vulnerable and jeopardised. Celebrations of Hul Diwas have permeated the protests, and thus people in masses from states like Jaunpur, in Uttar Pradesh, Assam, and Tamil Nadu, have also risen in solidarity.

Stating that the all-India protests were a huge success, Zuheib said that the existing democracy that the FRA 2006 sought to establish and uphold is being diluted by this new amendment.

At the culmination of the protest, in several places, the organisers gave a document with notes, observations and criticisms of the new amendment to the Forest Officials and the District Magistrates in Halyala, Karnataka.

The twitter handle of the CPI-M’s All India Kisan Sabha (AIKS) also part of the platform, has Tamil Nadu Tribal Association protests in Attur demanding grant of forest rights.

The protests are demanding that the government retract a proposed legislation aimed at amending the Forest Conservation Act. The platform argues that this bill, if implemented, would have dire consequences on the rights of local tribal communities and their livelihoods. The protesters emphasised the need for immediate action from the authorities in order to address this pressing issue.

In a meeting organised by the Bhumi Adhikar Andolan at the Delhi office of the All India Forest Workers Union, the BAA talked about the indiscriminate exploitation of forest land across the country and how it is causing severe damage to the environment and ecology, while at the same time forcibly displacing tribal communities traditionally dependent on the forest. The BAA forwarded that if timely action is not taken, the Forest Rights Act (FRA) 2006, achieved through immense hard work and struggle, will be weakened significantly.

The Bhumi Adhikar Andolan, a coalition of grassroots organizations dedicated to championing the rights of indigenous peoples, farmers, and ecological conservation for the past decade, has issued a call for a nationwide demonstration. The purpose of this protest is to raise collective voices against the exploitation of forest lands and to denounce the regressive proposed amendments that threaten these vital ecosystems.

Representatives of the Bhumi Adhikar Andolan (BAA) issued an appeal to all community organizations, urging them to come together on June 30, 2023, and raise their voices collectively in a peaceful manner to send a resounding message that they will not tolerate the exploitation of forests and the process of weakening the FRA 2006 Standing together in solidarity and support, we can build a better future for the communities dependent on forests and create a sustainable environment. The BAA representatives spoke of the urgent need to protecting natural resources and ensuring the rights of forest-dependent communities.  The appeal resonates with the urgent need to safeguard the ecological balance and preserve the traditional livelihoods associated with the forests.

The platform has analysed the proposed amendments and state that these amendments not only jeopardize the hard-won Forest Rights Act of 2006 but also grant excessive exemption powers to the central government, resulting in detrimental control over forest lands. Furthermore, the amendments dilute the authority of Gram Sabhas, undermining local-level initiatives for biodiversity conservation, contravening constitutional provisions, and impeding the recognition of forest rights and community decision-making processes. The concerns raised by these proposed amendments have ignited a pressing demand for protest. 

What is the Forest Conservation (Amendment) Bill all about?

The Forest (Conservation) Amendment Bill of 2023 was introduced in the Lok Sabha on Wednesday, prompting objections and concerns from various quarters. Congress MP Jairam Ramesh raised the primary objection, expressing dissatisfaction with the bill being referred to a select committee of the Parliament in Lok Sabha instead of the parliamentary standing committee on science, technology, environment, and forest, which he chairs. Ramesh alleged that the intentional referral to the select committee, headed by an MP chosen by the Prime Minister, bypassed a more comprehensive examination of the legislation with the involvement of all stakeholders.

One of the key provisions of the bill introduces criteria that would result in a significant portion of forest land being exempted from the Forest (Conservation) Act. This exemption exposes the land for government use and non-forest purposes. Moreover, the inclusion of the clause stating “any other like purposes, which the Central Government may, by order, specify” grants broad powers to the Central government to modify these exemptions as needed, bypassing the legislative process, and delegating such critical decisions.

Critics have voiced concerns over the consequences of these amendments, asserting that they promote the commercialization of Reserve Forests and cause irreversible disturbances to wildlife.

In summary, the introduction of the Forest (Conservation) Amendment Bill has drawn objections over the selection of the reviewing committee and the exemptions provided, which can potentially lead to the exploitation of forest lands for non-forest purposes. These concerns highlight the need for a thorough examination of the bill and its potential implications.

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The post #DontStealOurLand, widespread protests break out, district to state, to national: Bhumi Adhikar Andolan appeared first on SabrangIndia.

Petitioners, situated where protests against the Barsu refinery have been growing stated that the prohibitory orders coercive and an abuse of Section 144 which is at best a temporary provision; on February 12, a local journalist with Mahanagar Times had been brutally killed in the district for allegedly reporting on the refinery and mounting protests against it.

Orders dated April 22 and 25 issued by the Tehsildar, Rajapur on orders of the Maharashtra government under Section 144(2) of the CRPC prohibiting entry of local residents –farmers and agriculturists– from entering into Taluka Rajapur for a period between April 21 and May 31, 2023 have been withdrawn by the Maharashtra government after eight petitioners petitioned the Bombay High Court. The hearings took place yesterday and today.

Orders were challenged before the Bombay High Court. Eight petitioners who say they have been collectively involved in supporting the village against the proposed location of the Ratnagiri Refinery Petrochemicals Ltd    which is located Bambulwadi, Rajapur Tehsil. The proposed refinery to which there has been a spirited opposition is supposed to consume the land presently with the villages of Kashingewadi, Sagve, Vilye, Dattawadi, Palekarwadi, Katradevi, Karivane, Chouke,     Nanar, Upale, Padve, Sakhar, Taral and Gothivare in Rajapur taluka of Ratnagiri district.

The petitioners, Amol Bole, Nitin Jathar, Pandurang Joshi, Eknath Joshi, Narendra Alias Appan Joshi, Vaibhav Kolvankar and Kamlakar Maruti Gurav residents of Rajapur, Ratnagiri district with some also staying in Mumbai. They have claimed that both their freedom of movement, right to livelihood and freedom to protest are affected by these orders, petitioners claim. Through the orders they were not simply prohibited entry but “banned from posting any post, picture, video on social media which may cause confusion and which may incite a law and order situation in the area.” There was an implicit warning (threat) in the orders to the effect that any failure to abide by the aforesaid conditions will lead to prosecution under Section 188 of the IPC.

Shockwaves ran across Maharashtra at the brutal murder of Shashikant Waghmare a journalist covering the protests at the refinery sire. Media had reported that for two years now, Warishe had been regularly covering issues faced by residents in connection with the setting up of the Ratnagiri refinery and petrochemicals factory.  “He (Waghmare) has been constantly writing about the refinery and the concerns that the villagers had about the project. He wrote extensively on the land acquisition fears of the villagers as well as the concerns of environmentalists,” Sadashiv Kerkar, the editor-in-chief of Mahanagari Times, a  Mumbai- based paper, told The Indian Express.

The immediate trigger for the murder was an article titled ‘Photo of criminal on banner alongside PM, CM and DCM claim farmers protesting against refinery’, where Warishe alleged that Pandharinath Amberkar was a criminal.According to The Indian Express, Amberkar, a real-estate broker, has a history of run-ins with with persons opposed to the setting up of a refinery and petrochemicals factory. In 2020, activist Manoj Mayekar was grievously injured after allegedly being hit by Amberkar’s SUV. Mayekar was in a Kolhapur hospital for two weeks. More recently, Amberkar also assaulted an activist in the court. Police inspector Janardan Parabkar of Rajapur police station told The Indian Express: “Including this murder case, there are three more FIRs registered against him”.

In the present petition before the Bombay High Court petitioners have stated that around January2022, the then chief minister of  Maharashtra wrote a letter to the Central Government proposing a new project side place at Barsu-Solgav-Devache Gothane- Shivane Khurd-Dhopeshwar –called as Barsu Solgav Panchkroshi. It is due to this letter that once  again, villagers had to renew their protests in the area says the petition. Protests intensified in the months of February and March 2023 leading to the imposition of prohibitory orders. Petitioners have been ordered to stay out of their villages and home towns.

Stating that the prohbitory orders are are illegal, mala fide and violate Articles 14, 19 and 21 of the Constitution of India, 1950 and therefore ought to be quashed and set aside. Further, the orders are vaguely worded and therefore can be easily used to harass the Petitioners. It is a letter dated April 21 issued by the Police Inspector, rajapur police station that had led to the orders being issued and details thereof are not available with the aggrieved citizens hence violating settled principles of natural justice since the petitioners were only exercising their fundamental right to protest the proposed Barsu Refinery and Petrochemicals, refinery project based in Taluka Rajapur.

Amol Bole, first petitioner is a resident of Shivne Khurd, taluka Rajapur, Ratnagiri district having been brought up there and engaged in farming. His family is settled in Shivne Khurd and his children are enrolled in village schools there. The second petitioner, Nitin Jathar, is a citizen of India residing in Mumbai and owns agricultural land in Taral village of the same taluka and district from from which he earns his livelihood and is engaged in mango cultivation. He alternates his life between Mumbai and Taral to look after activities necessary for the mango cultivation. Prahlad Joshi the third petitioner resides at Goval Khalchiwadi in Rajapur taluka where he resides with his mother, busy in the occupation of farming. Similarly the other five petitioners are also farmers and residents of the area. More than anything else it will impact on the livelihood of petitioners and hundreds of other families. The proposed location of the Refinery would severely impact farming activities on which the lives of the Petitioners are dependent, thereby violating their right to “practice any profession, or to carry on any occupation, trade of business” guaranteed under Article 19(1)(g) of the Constitution of India, 1950.

Petitioners, like dozens of other residents have been part of peaceful protests ahead of a survey for the proposed petrochemical refinery project in the area namely the Ratnagiri Refinery and Petrochemical in exercise of their right to freedom of speech and expression under Article 19(1)(a), to assemble peacefully and without arms under Article 19(1)(b) and to move freely throughout the territory of India under Article 19(1)(d).

By issuing orders under section 144 (2) of the code of Criminal Procedure, 1973, are trying suppress their freedom of speech and expression to assembly peacefully without arms and also to move freely throughout the territory as guaranteed by Articles 19(a) (b) and (d) under the Constitution of India. The Petitioners state that they are entitled to exercise their rights peacefully and non-violently which they have been doing and exercising of such rights will in no way hamper the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency, or morality, or in relation to contempt of court, defamation or incitement to an offence falling under the restrictions provided under Article 19(2) of the Constitution of India, 1950.

Hence the petitioners have prayed for a quashing and setting aside of these orders.

Legally, by not even hearing the petitioners, the issuance and execution of these orders is in violation of fundamental rights and legal provisions. Such executive diktats are bad in law and have been passed without hearing the Petitioners, and the said orders will deprive the Petitioners of their the livelihood and residence of the Petitioners for more than a month.

As per settled law, a bare reading of Section 144 would indicate that powers under Section 144 Cr.P.C is of a temporary nature, to be exercised in urgent situation of imminent danger, where immediate and speedy remedy is required which is missing in the present case as the prohibition from entry in this case extends for a period of more than one month;

Petitioners have also argued that it is settled law there are various safeguards which have been read into the powers of governments under Section 144. One such safeguard is that the power can be exercised ex parte only when the emergency is sudden and the consequences are sufficiently grave. Mere possibility of danger is not sufficient to invoke the powers under Section 144 CrPC.

The Supreme Court in Madhu Limaye and Anr vs Sub-Divsional Magistrate held that restrictions on the freedoms can only be imposed on ground of maintaining public order and not on grounds of any law and order problem. The blanket ban on the Petitioners from entering into Rajapur Taluka which condition is excessively prohibitory and infringes their rights under Articles 14, 19, 21, Citing another precedent in their favour, petitioners have stated that the Bombay High Court, in Parshuram Patil and Another v. State of Maharashtra, held that under Section 144(2) of the Cr.Pc. a person cannot be externed from his native place and when such an order is issued it affects fundamental rights under Articles 19 and 21 of the Constitution. In another case, Himmat Lal Shafi v/s Commissioner of Police Ahmedabad, the Supreme Court held that merely because of some untoward incident might have taken place in the past cannot be a ground for not granting permission to hold a public meeting.

The copy of the petition may be read here.

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