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.

Related:

‘Black Day’ Protest against ecological plunder of forests, displacement of indigenous communities: Bhumi Adhikar Andolan

How a battle is being waged within India’s forests, for rights over land and resources

Forest Conservation Bill 2023: too many exemptions, discretion to Centre

Adivasi and other farmers under the AIKS bring Maharashtra govt to its feet

Minister inquires about implementation of FRA in states, MoTA dodges any accountability

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

Apart from giving far too many exemption powers to the union government ensuring negative control over forest lands, the power of the Gram Sabhas under the proposed amendments has been diluted which undermines local-level actions for biodiversity conservation, contradicts constitutional provisions, and hinders the recognition of forest rights and the decision-making processes of communities.

The proposed amendments in the Forest Conservation Amendment Bill 2023 have raised significant concerns and sparked the need for protest. There are several reasons contributing to the opposition to these amendments:

1. Exclusion of forest areas:The proposed amendments redefine and review forests in a way that could potentially exclude vast forest areas from the protection of the Forest Conservation Act (FCA). This disregard for forest conservation would result in extensive deforestation, environmental degradation, and the loss of livelihoods and biodiversity. Forest-dependent communities would face hunger, starvation, and displacement as a consequence.
2. Violation of marginalised communities’ rights:The proposed amendments overlook provisions in the Forest Rights Act (FRA) of 2006 and the Land Acquisition, Rehabilitation, and Resettlement Act (LARR) of 2013, thus violating the rights of marginalized communities. By limiting the application of the FCA and FRA, the amendments risk expediting forest diversions without the consent of local self-governance bodies known as Gram Sabhas. This perpetuates historical injustices and undermines the constitutional rights of marginalized communities.
3. Concentration of power:The amendments grant extensive powers to the central government, enabling them to issue directions and assign forest lands to any party. This concentration of power undermines existing checks and balances, such as the Forest Advisory Committee and the Centrally Empowered Committee. The amendments neglect the importance of consultative processes with state and local governments and forest-dwelling communities, further centralizing decision-making authority.
4. Exemptions and lack of oversight:The amendments introduce exemptions for strategic projects, security-related infrastructure, and public utility projects, as well as provisions for eco-tourism facilities, silvicultural operations, and zoos and safaris. These exemptions create opportunities for private entities to gain control over forests and forest resources without adequate forest clearance requirements. The lack of impact assessments and regulatory oversight poses risks to habitats, species, and forest ecosystems.
5. Disempowerment of Gram Sabhas:Lastly, the proposed amendments weaken the authority of Gram Sabhas and concentrate governance power in the hands of the central/union government. This undermines local-level actions for biodiversity conservation, contradicts constitutional provisions, and hinders the recognition of forest rights and the decision-making processes of communities.

Sabrangindia had done a detailed analysis and pointed out the several exemption powers given to the Union government under the proposed FCA Bill, 2023. This may be read here.

Given these serious concerns, the call for the nationwide protest has been given, the demand being a strong recommendation for the withdrawal of these amendments and the alignment of the Forest Conservation Act with the provisions of the Forest Rights Act. This would ensure the recognition and vesting of forest rights and the decision-making authority of Gram Sabhas. The involvement and consent of local communities, as well as the preservation of ecosystems and biodiversity, should be prioritized in any forest conservation and governance framework.

All members and supporters of the Bhumi Adhikar Andolan have been urged to join in the protest. The protest, says the BAA will serve as a powerful statement of our opposition to the unabated loot of forest lands and the regressive amendments proposed in the Forest Conservation Act. Protests will be organised at the block level and state level. It is through this  collective action that the movement intends to send a strong message to those in power that large sections of the people, the majority, stand united in our demand for justice, environmental protection, and the preservation of the rights of forest-dwelling communities.

During the protest demonstrations, following key messages will be highlighted:

1. Condemnation of forest land exploitation:We strongly condemn the ongoing exploitation of forest resources, which not only harms the environment but also displaces indigenous communities from their ancestral lands.
2. Rejection of the proposed amendments:We vehemently oppose the proposed amendments to the Forest Conservation Act, as they seek to dilute the provisions of the Forest Rights Act and undermine the rights of forest-dwelling communities.
3. Solidarity with forest-dwelling communities:We express our unwavering support for the rights of forest-dwelling communities and pledge to stand by them in their struggle for justice and self-determination.

The organisaions that are a part of the BAA include National Alliance of People’s Movements (NAPM), Chhattisgarh BachaoAndolan, Adivasi Adhikar Manch, Adivasi Aikya Vedike, Adivasi Ekta Parishad, Adivasi Mukti Sangathan, All India Kisan Sabha (Canning Lane), All India Kisan Sabha (Ajay Bhavan), All India Kisan Khet Mazdoor Sangathan, All India Kisan Mahasabha, All India Agriculture Workers Union, All India Union of Forest Working People (AIUFWP), Bharat Jan Andolan, Bhartiya Kisan Union Arajnitik Asli, Bundelkhand Mazdoor Kisan Shakti Sangathan, Dalit Adivasi Shakti Adhikar Manch, Delhi Solidarity Group,  Gujarat Khedut Samaj, Himdhara Collective, Jan Ekta Jan AdhikarAndolan, Jan Sangharsh Samanyvay Samiti, Janmukti Vahini, JindabadSangathan, KashtakariSangathan, Kisan Manch, Kisan Sangharsh Samiti, Lok Mukti Sangathan, Lok Sangharsh Morcha, Lok Shakti Abhiyan, Mines Minerals and People, Narmada Bachao Andolan, Sanyukt Kisan Sangharsh Samiti, Sarv Adivasi Sangathan, Sarvahara Jan Andolan, Shoshit Jan Andolan, Adhikar Manch, Kaimoor Mukti Morcha, BJSA, JanmatuSangthan, Jharkhand BachaoAndolan, Lok Sangharsh Morcha, Jan Sangharsh Samanvaya Samiti, INSAF, Kisan Manch, Adivasi Ekata Parishad and others.

Related:

How a battle is being waged within India’s forests, for rights over land and resources

Forest Conservation Bill 2023: too many exemptions, discretion to Centre

Minister inquires about implementation of FRA in states, MoTA dodges any accountability

UP: Tribals Protest In Mirzapur, Demand Implementation Of Forest Rights Act, Allege Harassment

GuttiKoyas (Maru) Adivasis from Chhattisgarh face eviction in Telangana

A year of exacerbated attacks on Dalits and Adivasis, arguably two of the most marginalised sections of the Indian population

Are over 1,10,000 Adivasis & Forest Dwellers at risk of eviction and loss of livelihood?

Chhattisgarh: A minor dead in missile strike on Koya Adivasis

The post ‘Black Day’ Protest against ecological plunder of forests, displacement of indigenous communities: Bhumi Adhikar Andolan appeared first on SabrangIndia.

Bhumi Adhikar Andolan, a forest rights collective, held a planning meeting at Indian Social Institute regarding the action planned on November 21, 2019 to have a Sansad Gherao at Sansad Marg, Delhi. The Gherao,along with state, district and village level actions, have been planned to protest violationsof people’s rights and dilution of Forest Rights Act.

The two-hour long meeting witnessed a detailed discussion over various key issues. Mobilization processes were reviewed with various representatives of mass organizations. The meeting highlighted the fact that it is important to take the discussion to the public about Forest Rights Act 2006, and the current situation happening in the Supreme Court of India.

In the meeting, All India Kisan Sabha’s Hannan Mollah stressed on the fact that the central government is showing a blind eye towards the Supreme Court’s proceedings regarding the hovering question about the constitutional legitimacy of the Forest Rights Act 2006. He noted, it is very important to inform each and every citizen of this country about the importance of FRA 2006 in protecting the rights of the adivasi populace and forest dwellers.

He noted that the central government has not sent their legal representation to the Supreme Court on the hearing dates to defend the legitimacy of FRA 2006. Under the pretext of forest conservation, he said,thegovernmentis indirectly pushing forward their corporate agenda to appropriate forest land from the indigenous populace.

He further noted that these marginalized indigenous people have been living in India’s forests maintaining the flora and fauna of Indian forests. Evicting them from their forestsis likely to leave a severe impact on the ecology of India’s forests. Therefore it is essential to expose the illegalities in the execution of central government to weaken the FRA 2006 to each and every citizen of India and globally.

Over 12,000 people all over India, at the minimum, will be joining the protest programme.

Related:
Mass protests & Sansad Gherao against continued Adivasi evictions on Nov 21

Is BJP afraid? Tribal activists detained on National Unity Day in Gujarat

“Jaan de denge lekin zamin nahi denge” (we will give our lives but not the land): Sonbhadra

Bhumi Adhikar Andolan National Convention: Twenty Point Programme

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Several men and women from Haripur Tongia, Hazaara Tongia, TeeraTongia, Kamala Nagar Tongia, Purushotham Nagar Tongia, Bhatia Nagar Tongia and many others attended the rally. They gathered at 1 p.m. and discussed the Feb 13, 2019 order of Supreme Court on “eviction” of Adivasis and other traditional forest dwellers whose claims have been rejected under Forest Rights Act, 2006. They also stressed on an important issue raised by Supreme Court in the order regarding the role of State Government in implementation of Forest Rights Act, 2006. With women leading the rally, they shouted slogans and walked in silent protest to the office of The District Magistrate.

The District Magistrate of Hardiwar had agreed to meet them at 2 p.m. However, due to his absence, Additional District Magistrate of Haridwar received the memorandum presented by them.

It had the following four demands,
1. Forest Rights Act, 2006 is a crucial law. It is the constitutional duty of the Central and State Government to implement this Act.
2. On 24th July, the State Government should be legally represented in the Supreme Court, as per Supreme Court’s order on 13th Feb,2019.
3. State Government should inform the ZillaParishad to not issue an order or notice of eviction of Forest Dwellers until the matter is resolved in the Supreme Court.
4. In the year 2009 and 2010, forest dwellers of Tongia Forest Village, Uttarakhand had submitted their claims following due process mentioned in the Forest Rights Act, 2006. These claims should be approved and their respective titles should be given to them.
5. Revenue status should be given to all tongiaforest  villages.

The Additional District Magistrate received this and gave them a receipt of the same.

Post this, they gathered outside the office and made a unilateral decision to participate in the rally in the State Capital of Uttarakhand on 22nd July.

In a National Consultation meeting on Land and Forest Rights, conducted on 1st and 2nd of July, in New Delhi, it was agreed upon by the participants to demonstrate peaceful rallies across India on 22nd July, in their respective regions, at Block level, Taluk level, District level and State level, two days before the Supreme Court’s hearing on eviction of Adivasis and other traditional forest dwellers whose claims have been rejected under the Forest Rights Act, 2006.

The Bhumi Adhikar Andolan has called for a nation wide protest to Resist the Evictions, Join Nation-wide Protest today Monday July 22 to “Implement Forest Rights Act Now” at Jantar Mantar from 11.30 a.monwards.

Here is the appeal for calling the protest:

“Millions of Adivasis and other traditional forest dwelling communities are facing the danger of eviction due to the Supreme Court ruling on 13th February, 2019. If the claims under the FRA are rejected, then the States have been directed to evict Adivasis and traditional forest dwellers from the forests. After countrywide protests the Supreme Court amended its ruling and stayed it till 10th July, 2019. While on the 28th February 2019 the Supreme Court stayed its earlier order putting orders for eviction on hold, the forest department is yet pushing people out of their lands destroying their farm fields. Several such instances have been reported in many states since 13th February 2019. The Supreme Court is due to hear the different petitions on 24th July, 2019. The BJP Government is also proposing draconian amendments to the Indian Forest Act, 1927 to facilitate corporate loot and exploitation of the tribal people. The two-Day National Consultation of Land and Forest Rights Movements held in Delhi on 1st and 2nd July, 2019 decided to hold programmes and protest actions condemning the government actions, amendments to Forest Act on 22nd July at the village, block, district and state level. Chief Ministers of different States of the country have been written to seeking their intervention in favour of the Forest Rights Act and the Adivasis in the Supreme Court.

In Solidarity,

HannanMollah, MedhaPatkar, JitendraChaudhary, Roma, Ashok Choudhary, UlkaMahajan, AtulAnajan, PrafullaSamantara, Brian Lobo, Dr.Sunilam, Sanjay Basu Malik, GautamBandopadhyay, Adv. AradhnaBhargava, DayamaniBarla, TeestaSetalvad, VirendraVidrohi, Suneet Chopra, Raghvendra, Vijoo Krishnan, Prem Singh, Satyavan, Anil Choudhary, Bhupinder Singh Rawat, Madhuresh Kumar, Ashok Shrimali, Krishna Prasad, VirendraVidrohi, Deep Singh Shekhawat, Sanjeev Kumar, Anil Varghese and other representatives

Organisations:
(Bhumi Adhikar Andolan, Adivasi Adhikar Manch, Adivasi Aikya Vedike, Adivasi Ekta Parishad, Adivasi Mukti Sangathan, All India KisanSabha (Canning Lane), All India KisanSabha (Ajay Bhavan), Akhil Bhartiya Krishak Khet Mazdoor Sangathan, All India Kisan Mahasabha, All India Agriculture Workers Union, All India Union of Forest Working People, Baiga Tribal Development, Bargi Baandh Visthapit Evam Prabhit Sangh, Bharat Jan Andolan, Bhartiya Kisan Union Arajnitik Asli, Bundelkhand Mazdoor Kisan Shakti Sangathan, Citizens for Justice and Peace, Chhattisgarh Bachao Andolan, Dalit Adivasi Shakti Adhikar Manch, Delhi Solidarity Group, Gond Mahasabha, Gujarat Khedut Samaj, Himdhara Collective, Intercultural Resources, Jan Ekta Jan AdhikarAndolan, Jan Sangharsh Samanyvay Samiti, Janmukti Vahini, Jindabad Sangathan, Kashtakari Sangathan, Kisan Manch, Kisan Sangharsh Samiti, Lok Mukti Sangathan, Lok Sangharsh Morcha, Lok Shakti Abhiyan, Maharashtra Rajya Kisan Sabha, Mines Minerals and People, Narmada BachaoAndolan, National Alliance of People’s Movements (NAPM), Paryavaran Suraksha Samiti, Patha Dalit Adhikar Manch, Sahariya Jan Adhikar Manch, Sanyukt Kisan Sangharsh Samiti, Sarv Adivasi Sangathan, Sarvahara Jan Andolan, Shoshit Jan Andolan, Tribal Foundation of Chhattisgarh, PRC, AdhikarManch, NBJBA, YuvaSwabhiman, Kaimoor Mukti Morcha, BJSA, SRUTI, ICR, Tribal Foundation, Dilli Fouram, Vikallp, Nadi Ghati Morcha, Center for Pastoralisam, Saheli, Janmatu Sangthan, Prithvi Trust, JindgiBachao, Citizens for justice and peac (CJP), Jharkhand BachaoAndolan, Sabrang, and others….

Contact for more information:  bhumiadhikarandolan@yahoo.com

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Bhumi Adhikar Andolan, a platform working for the land rights of communities, has called for a “National Consultation: Land and Forest Rights Movements and the Way Forward” on July 1, Monday. 

Various organisations such as Adivasi Adhikar Rashtriya Manch], Bhumi Adhikar Andolan, All India Union of Forest Working People, National Alliance of People’s Movements, Delhi Solidarity Group will be a part of the consultation.

February 2019 was a grim month for India’s forest dwelling communities. The Supreme Court of India, hearing a petition filed by wildlife conservationists and former forest department officials, directed state governments to evict “encroachers” or the “illegal forest dwellers”. The court room seemed conspicuous by the absence of the defenders, the Ministry of Tribal Affairs (MoTA), in the case.

The order sent shockwaves across the country’s forests, home to eight percent of the population. It met with stiff resistance. It was called “unconstitutional” by several quarters, especially those which had been struggling for forest rights for decades. The order was criticised for “violating” schedules V, VI and IX of the Constitution and also for turning established jurisprudence on its head.

A week later, the order was temporarily stayed after the Central government was compelled to move the same bench for review due to pressure created by several quarters and rights groups. Significantly, the case was heard for several years on a Public Interest Litigation (PIL) filed by wildlife conservancy groups which emanated from a case on the validity of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA, 2006). The FRA, 13 years ago, for the first time, recognised the individual and community rights of the forest dwellers over the forest land. It recognised the “historical injustice” done to these communities and helped remove the stigma of “encroachers”, a term pregnant with colonial prejudice and popularised in the last few centuries by the English mainstream media favouring elite notions of conservation.

Despite the enactment of the FRA in 2006, most states have failed to implement it in its true spirit. Since the enactment, 4.22 million claims have been filed. While the total forest land under occupation prior to 2005 was 112,000 sq km., only 54,591.07 sq. km. has been recognised. The petitioners targeted the population whose claims have been rejected. States like Maharashtra which have stood out in terms of recognizing Community Forest Rights (CFRs), have also, only achieved about 15 percent of their full potential in terms of implementation of FRA. The Act has seen various dilutions, contradictory policies and litigations challenging the constitutional validity of FRA through the ten years of the Act being in force. The forest bureaucracy on the one hand and the non-state actors on the other, along with the complicity of the state has not only posed a challenge to the implementation of the act, but this dynamic has also perpetrated immense amount of violence on the indigenous people. 

Not only have the state governments not taken a stock of FRA, on numerous occasions, they have launched brutal assaults on communities in collusion with forest departments and local mafias.

The invitation for the consultation notes, “Dalits and other poor communities like vulnerable migrants, who are occupationally subsistence cultivators, pastoral communities, fisherpeople and forest produce gatherers, dependent on land and forest resources for their livelihoods. Women are also ensured equal rights in the ambit of FRA. Along this reality, many forest dwelling communities in India believe that bio-diverse forests have survived better where communities live in close communion with the forests with their customary practices than where a state has displaced the communities, affecting the biodiversity they sustain as their livelihood source”

It is not clear if the rejection of claims can justify forced evictions. Since, as per the Act no communities can be legally evicted without their free and informed consent even from the “critical wildlife habitats” and surely not from other areas.

It is from this understanding that an initial meeting of movements held on December 11, 2018 in Delhi resolved the following :
 
1.    Forest Right Act, 2006 must be implemented effectively and unconditionally in all forest regions including Critical Forest Area;
2.    A united struggle will be launched with collective initiative of diverse forest rights organisations / groups and supporters in different walks of life including journalists, lawyers, researchers, social action groups and others;
3.    A dialogue will be initiated with political parties to bring Forest Right Act in the mainstream political discourse so that this historic act can become an important political issue during and after the electoral process.
4.    An All India level alliance be formed with organisations / groups, actively engaged in forestrights movement to represent the collective voice and to take forward the task ahead. FORESTS RIGHTS ALLIANCE was the proposed name.

The consultation will be preceded by a meeting of Bhumi Adhikar Andolan on July 1 at 10.30 am which will be critically discussing on the Land Acquisition Act 2013, the various state legislations which has been drafted in this regard. It would be pertinent to address the various issues especially in the context of the industrial corridor which is in its implementation stage at this point. Hence a one day deliberation on this aspects will be held on the first day. Bhumi Adhikar Andolan will be also providing critical support to the Forest Right Alliance.

Details of the consultation are as follows:

National Consultation
Land and Forest Rights Movements and the Way Forward 

10:00 – 5:00 PM | July 1 – 2, 2019 |

ASSAM ASSOCIATION, Srimanta Sankaradeva Bhawan
Satsang Vihar Marg, A-14/B, Qutab Institutional Area,
New Delhi – 110067
 

The post Protect the Forest & Land Rights of Adivasis, Forest Dwellers: BAA appeared first on SabrangIndia.

 
New Delhi: While PM Modi has gone on to visit Japan and will be discussing various strategic projects with the Prime Minister of Japan including the controversial Bullet Train project, the farmers, Adivasis and other affected communities of the proposed project reiterated their demands to scrap the project and submitted a memorandum to Japan International Cooperation Agency (JICA) with the details of gross violations of their guidelines.
 
The Bullet Train project is an ambitious project for the current government and PM Modi is believed to be taking a personal interest and falsely promoting it as a developmental project for the people of the country. The socio-economic effect of the project has been much debated in public forums by various academicians and activists. The impact will be irreversible for the Indian economy as well as the environment. The farmers are losing land not only in Bullet Train Project but various other highway projects when there is an Indian Railway line already running parallel to the Bullet Train blueprint.
 
“In the name of infrastructure development, the government is attracting foreign investment. But the question remains, at whose cost are these projects being initiated?”, asked Ulka Mahajan of Sarvahara Jan Andolan. She also articulated the peoples’ frustrations while stating that it’s the common people, the farmers of the country who carry the burden and face the brunt of such “development” projects. She stated that the need of the hour is to remove fear, hunger, poverty and the divisive politics from the country instead of such pointless, so-called, development projects.
 
The Modi government has diluted the law to acquire land, denying the consent and social impact assessment provisions laid out in the central land acquisition act of 2013. Even after being tagged as a national project, the state laws are being used to subvert the democratic rights of people of Gujarat and Maharashtra state, by using the powers of a majority in Gujarat assembly.
 
The public consultations could not have been more farcical. In the name of public consultations, officials intentionally put out notifications just 24 hours before the consultations to prevent the people’s voices and critics of the project from expressing their discontent. The people were deliberately classified as authorized and unauthorized for the consultations and were prevented from participating with the use of police forces.
 
Over 12 major political parties have extended their full support and solidarity with the people of both the States against the project. Earlier, during the Jan Manch in Delhi held this month, political parties termed the project anti-people, anti-farmer, and anti-worker in nature. The project is only facilitating a few rich conglomerates. The need of the hour is to invest in the Indian Railways which actually caters to the larger public, unlike the Bullet Train. When the fundamental infrastructure is not yet in place, a project like this for a small distance is unjustified and is a distortion of the people-centred development.
 
The government of Japan and JICA must listen to the people of India and stop funding the project to protect the environment and democratic rights of the people. The impact of the said project will be irreversible and the people of India strongly believe that a country like Japan, which has already faced the wrath of nuclear warfare will not want to be remembered for such a destruction.

The memorandum was sent to Shinichi Kitaoka, President, JICA, Junichi Yamada, board member in charge of South Asia and an Indian representative of JICA India, the memorandum has been endorsed by DP Tripathi (Nationalist Congress Party), Danish Ali (Janta Dal- Secular), Somnath Bharti (Aam Aadmi Party), Manishankar Aiyar (Indian National Congress), Nawalkishore (Rashtriya Janta Dal), Javed Ali (Samajwadi Party), Raagesh (Communist Party of India-Marxist), D Raja (Communist Party of India), Raju Shetty (Shetkari Swabhiman Sangathana), VM Singh (Rashtriya Kisan Mazdoor Sangathan), Prem Singh (Communist Party of India-ML), and Dr Suraj Yadav (Loktantrik Janata Dal).
 
Copy of the memorandum is attached below

Full text of the memorandum below: 

Date: 15-10-2018
 
To,
 
1. Shri Shinichi Kitaoka
The President
Japan International Cooperation Agency (JICA)
1-6th floor, Nibancho Center Building,
5-25 Niban-cho, Chiyoda-ku, Tokyo 102-8012, Japan
 
2. Junichi Yamada
 Board Member, JICA &
Incharge of South Asia Department
1-6th floor, Nibancho Center Building,
5-25 Niban-cho, Chiyoda-ku, Tokyo 102-8012, Japan
 
3. The JICA representative (India)
 16th Floor, Hindustan Times House,
18-20, Kasturba Gandhi Marg,
New Delhi – 110001. INDIA
 
Subject: Bullet Train affected farmers from Maharashtra and Gujarat adopt resolution in presence of representatives from various political parties, Farmers organisations, and other Human rights organizations.
 
Sirs,
 
The affected farmers, Adivasis (indigenous people) and other affected persons came together today in Delhi at a Jan Manch (peoples’ forum) jointly organised with Bhoomi Adhikar Andolan (a group of organisations working on land and livelihood rights of people) at Mavlankar Hall, Constitution Club, Rafi Marg, New Delhi.
 
Political parties viz. – Indian National Congress, Nationalist Congress Party, Samajwadi Party, Janta Dal (Secular), Rashtriya Janata Dal, Communist Party of India, Communist Party of India(M), Communist Party of India (ML), Aam Aadmi Party, Janata Dal (Loktantrik), SUCI, Swabhiman Shetkari Sanghatana, Rashtriya Kisan Mazdoor Sangathan, were represented by their senior members.
 
During the Jan Manch affected people presented their concerns and experiences regarding implementation of the Mumbai – Ahmedabad High-Speed Railway project (popularly known as Bullet Train).
 
The major issues highlighted during the Jan Manch were that the JICA guidelines for Environmental and Social Considerations are being consistently flouted by the project implementers. As per the said Guidelines, JICA is to assure fairness to the socially vulnerable, reduce the gap between the rich and the poor, reduce the gap among various regions, ensure democratic decision making and information transparency and most importantly, respect for human rights. However, all these are being violated as listed below:
 
1. The acquisition of land for the Project is taking place forcibly and thus by disregarding the Human rights of the affected population. The excessive use of police force at all levels – during consultations, during land measurement surveys, discussions etc. vitiates the atmosphere and puts tremendous pressure on the affected population.
 
2. In Maharashtra, despite the stated position that land will be obtained only through a process of mutual negotiation and that joint measurement of land will take place only after the affected person assents in writing, in reality, a process of forcible take-over is taking place. In Village Kotbi (Palghar district), Notices for Joint Survey of land were issued to people on 5/10/2018 despite the fact that most of them had not given their consent in writing for the same.
 
3. The JICA guidelines with respect to Indigenous Peoples are being violated. The JICA guidelines specifically mention that the rights of the Indigenous People in relation to land and resources in accordance with the spirit of the UN Declaration on Rights of Indigenous Peoples shall be respected. Art 10 of the Declaration states that Indigenous People shall not be forcibly removed from their land. Whatever be the reason, no relocation shall take place without the free, prior and informed consent of the Indigenous People concerned. Also, viable Alternatives are to be explored. However, all these safeguards are being violated in the Scheduled Area (predominantly inhabited by indigenous people) through which the Bullet Train passes.  India may not be a signatory to the UN Declaration, but for JICA, failing to fulfil the provisions of the UN Declaration is non-negotiable.
 
4. Environmental and Social Consultations as mandated by the JICA guidelines are carried out in a manner as to ensure that people are unable to participate in an informed manner:
 
a. The consultations are announced at a very short notice to the concerned stakeholders. The advance notice period has varied from 24 hours (1 day) to a few weeks.
 
b. There is no coherent approach to the announcement of stakeholder consultations. At times they are announced for district level and sometimes they are conducted at Taluka levels.
 
c. There is no clarification to the stakeholders invited to the consultation whether they should represent on Social concerns or on Environmental issues. In fact, purposely confusions are created. Different public advertisements are published by NHRSCL at the same venue and same timing, but for a different purpose.
 
d. In the case of Environmental Consultations, the Supplementary EIA copies are kept for public viewing at different places which are hundreds of kms away at offices of NHRSCL. The nearest place is the District Collector office, which in some cases is about 30 kms away. Even these were not made available during consultations in most districts of Gujarat.
 
e. Most of the reports are available in the English language, while they should be made available in the local vernacular language for the public to be able to read through and understand, and subsequently participate through an informed representation.
 
f. Farmers/ affected indigenous population (who are mostly illiterate or semi-literate) are disallowed to raise questions/queries.
 
g. Environmental activists/experts are deliberately shunned out of the consultation venue with use of police force. This is a violation of basic human rights of the people. And stakeholders are left with no choice to consult or assist during the consultation.
 
h. Even farmers and local civil society organisations and other social/environment groups are kept out of the process.
 
i. Elected representatives who can potentially raise uncomfortable queries regarding the project are man-handled and taken away before the start of consultations. The Surat consultation is one such example.
 
j. The queries raised during the consultations are very casually addressed and there is no written response to the submissions or oral queries raised at the consultations.
 
k. The minutes of the consultations are yet to be made public. Neither has the video documentation been made public. These are necessary for a transparent process. Letters seeking copies of the minutes are yet to be responded to.
 
l. In Maharashtra, the consultations on 2/5/2018 and 2/6/2018 in Palghar district were organised but cancelled by the district administration itself due to lack of proper organising and non-availability of necessary information/documents respectively NO consultation has been held subsequently. However, the district administration has sent a report to the concerned authorities that the Public Hearing has been completed. This is a blatant lie and misrepresentation of facts.
 
m. As if it was not enough the recent announcement for the Stakeholder consultations for districts of Navsari and Valsad (both in the state of Gujarat), went one step further. They published an invitation in local newspapers for the Consultations specifically mentions that ‘unauthorized people would not be allowed at the consultation’. We fail to understand what criteria are prescribed under JICA guidelines to segregate attending stakeholders into authorized and unauthorized categories.
 
n. From the manner in which the stakeholder consultations are conducted it appears that these are just paper arrangements, with no serious concern to the society and environment seems that in the case of these consultations for the proposed Mumbai-Ahmedabad High-Speed Rail project, Participation, Transparency, Respect for basic Human Rights of people etc. are just words to be bandied around, but not seriously considered.
 
o. Trampling of basic Human Rights through police force seems to be a part and parcel of the conducting of stakeholder consultations.
 
p. It should be noted that at several places, due to the apprehensions of affected people arising out of the high-handed and opaque functioning for the consultation, the atmosphere was vitiated and the consultations had to be postponed/rescheduled.
 
5. JICA’s guidelines also lay down that the intervention must reduce the gap between rich and poor and among various regions. We fail to understand how this is being addressed through this Project. The Bullet train will be accessed by only a minuscule percentage of the entire population. The needs of the poor and the middle class will not be met by the bullet train. In fact, the opportunity cost of the expense incurred on the Bullet Train will impact the availability of funds for social sector spending in the field of health, education etc. The transportation needs of the poor and the middle class will be met if the large outlay on the Bullet Train will be used for the modernization of the present rail system including increasing safety standards and improving facilities. Regional imbalances are not being reduced by the Bullet Train either.
 
6. The JICA guidelines state that JICA will actively support projects that promote environmental conservation and to projects that contribute to global environment eg. attempts to reduce greenhouse gas emissions. However, the claim that the Bullet train will be “clean and green” has also not been substantiated in the light of “embedded emissions” of CO2 and other pollutants, energy-intensive machinery and construction, per-passenger-Km energy consumption etc.
 
The Jan Manch today resolved to continue its opposition to the proposed Bullet Train project. All the attending political parties who came to show their support and solidarity with farmers, indigenous people and other project affected people have endorsed their support to the affected population.
 
We request a personal hearing from the JICA team at the earliest.
 
Thanking you,
 
Yours faithfully,
 
Endorsed by:
D P Tripathi, Nationalist Congress Party
Danish Ali, Janta Dal (Secular)
Somnath Bharti, Aam Aadmi Party
Manishankar Aiyar, Indian National Congress
Nawalkishore, Rashtriya Janta Dal
Javed Ali, Samajwadi Party
Raagesh, Communist Party of India (Marxist)
D. Raja, Communist Party of India
Raju Shetty, Shetkari Swabhiman Sangathana
V. M. Singh, Rashtriya Kisan Mazdoor Sangathan
Prem Singh, Communist Party of India (Marxist Leninist)
Dr. Suraj Yadav, Loktantrik Janata Dal

This report has been written on the basis of a press release and memorandum submitted by the Bhumi Adhikar Andolan.
 
Read Also:
https://sabrangindia.in/article/bullet-train-or-bullet-environment
https://sabrangindia.in/article/activists-call-probe-illegal-detention-related-bullet-train-project
https://sabrangindia.in/article/japanese-investors-guidelines-violated-bullet-train-project
 

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Representation Image
 
New Delhi: National Alliance of People’s Movements (NAPM) and Bhumi Adhikar Andolan (BAA) organised a conference on Monday at Gandhi Peace Foundation to uncover and challenge the regressive and anti-people amendments being made to land, forest, environment and other laws infringing on people’s sovereignty and rights.
 
Hundreds of representatives from the farmers-workers organisation, grassroots movements and frontal organisations of political parties assembled to deliberate on the grave threat posed upon farmers, fisher people, tribal, Dalit and other communities of India by non-implementation and anti-people amendments to laws meant to protect them.

An analytical note on State Amendments to the Central Land Act, 2013, was also circulated in Hindi and English to document all the ways in which the government passed the buck to state governments to grab land and resources for corporate use. Amendments to laws, disrespect of the central law, changing the land purchasing policies were some of the tactics observed by the conference and they added that most changes came in effect in 2014. Gujarat Government ruled out the role of Parliament in approving the urgency clause mentioned in section 40 of the central act. This reflects the continued tendencies to undermine democracy and established procedures, as has been done in the past while passing State Acts like Special Investment Region Act. Many such tactics were employed by different states throughout the country.
 
The arrests of hundreds of Adivasis, rights and environmental activists, criminalisation of the land rights and Pathalgarhi movements point to the desperation of the capital to illegally facilitate plunder and loot of people and natural resources.
 
“The demand for land and land acquisition has become essential to many of the grand infrastructure projects like Industrial Corridors, Sagarmala, Bharatmala, Smart cities, Bullet trains etc, planned by many of the state governments. This has meant changes in the land laws, environmental laws, mining laws, forest right act, labour laws and so on. All this has also close links to the reforms being carried out in order to improve the ease of doing business rankings and the expected foreign investments from international financial institutions and other sources. These retrograde and anti-people reforms are facilitating assault and harassment on farmers, workers, activists, journalists and overall on the nation’s sovereignty itself. The lack of political will and the insecurity of the State is more than evident in the non-implementation of the Forest Rights Act 2006, through bureaucratic delays and denial of claims on frivolous grounds in states like Gujarat, Maharashtra, Jharkhand and the hill states of Himachal and Uttarakhand,” the invite said.

Consensus
The consensus of the conference was that “The provisions in Chapter II and III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) are soul and essence of the Act. It reflects the objectives of the Act and the Amendments to the Act enacted by the State of Tamil Nadu, Gujarat, Andhra Pradesh, Telangana and Jharkhand essentially negate that, thus ultra vires and violation of Right to Life, Art 21. These anti-people amendments and rules drafted by the States for the Act came in after the Land Ordinance of 2014 and 2015 failed due to stiff opposition from across the country.
 
“People’s leaders Hannan Mollah (All India Kisan Sabha), Medha Patkar (Narmada Bachao Andolan & National Alliance of People’s Movements), Sudha Bhardwaj (Chhattisgarh Bachao Andolan), Prafulla Samantara (NAPM), Ashok Chaudhary (All India Union of Forest Working People), T Peter (National Fishworkers Forum), Arvind Anjum (Visthapit Mukti Vahini), Kailash Meena (NAPM), Anil Chaudhary (Bhumi Adhikar Andolan) flagged this period in India’s history as a critical period where people must get together to challenge the draconian policies of the ruling government. The changes brought to the land laws, Forest Right Act, Coastal Regulation Zone, Environment and Mining Laws are all aimed at facilitating corporate loot and transfer of the precious natural resources from common people of this country. We are moving towards another Company Raj and unfortunately it is being facilitated by our elected representatives, a direct attack on the people’s sovereignty,” a release by the group said.
 
The Conference saw a presentation from Environmentalist Kanchi Kohli, Meera Sanghamitra (NAPM), Tushar Das, Debashish Shyamal (NFF), Amit Kumar (NAPM), Alok Shukla (Chhattisgarh Bachao Andolan), Arvind Murti, Ajai Kumar Sharma from different states. The farmers from Amravati Capital Region Andhra Pradesh led by Seshagiri Rao lamented the fact that modern-day Tuglaq’s are dreaming of grand projects at the cost of damage to people and environment. These dreams need to be challenged and farmers of Andhra are challenging this but need support from across the country.
 
Noted lawyers like Prashant Bhushan, Sanjay Parikh from Delhi, Anand Yagnik from Gujarat, Pratyush Mishra from Madhya Pradesh addressed the meeting and discussed the critical legal points and loopholes in the laws and expressed support and resolve to fight these violations.
 

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They categorically mention that AIKS will organize an all India program on August 9, with the slogan, “BJP Hatao, Desh Bachao”.

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