Bida Kal and The Recognition of Forest Rights Act
45 years ago, Baigas were living peacefully in Kanha National Park when Indian Forest Department officials began their rein of terror. Houses were lit on fire, brought elephants to smash houses during rainy season. Many were killed, the rest were sent running to the plains.
Movement began in 1974 called Bida Kal, (बिदा कल) meaning, Goodbye Yesterday, is a sensitizing and unifying force that has most recently been working to take the retribution effort to the legal arena. 17 villages involved 1406 people are involved in seeking compensation for the ancestral lands that were taken from them. Yet none of the villages that I have had contact with were involved with this case. Of all the villages I have visited, 11 claim that either they personally, or their parents were pushed out of Kanha Tiger Park Since a year and a half they have been fighting to get a case in the High Court. Have sent many applications to the forest minister, prime minister and chief minister collector but have received no responses. Plan to go to High Court of M.P. in Jabalpur Next Month. Their main issue right now is that they currently have no lawyers to represent them or interpret the law .
The points discussed in themeeting were:
1. What are the Court fees and who will contribute? 70,000 rupees because there are 17 villages involved.
2. When will we go to Jabalpur, where the High Court is found, and when will they get a lawyer?
3. Making a big Sabha on the 25th of April which will be a big contribution.
4. Info on court and info on the origins of the movement that started in 1974.
5. To make a decision to not smoke tobacco because it is a poison. Everyone will stop smoking.
6. To educate the public, to bring people together as a collective.
7. The 17 villages are having many castes. A pledge to not miscommunicate or misbehave, Rich and poor relations. Making sure that the most vulnerable and poor are included. Unity between castes.
8. Corruption preventing the implementation of Act. Police do not help stop corruption and also they facilitate the corruption.
9. Government gives money for school , roads, hospitals but corruption is eating away budget. Private sector is also a problem.
10. The forest and village people are one, not different or involved in a hierarchy. Tribes are treated like criminals in these areas. Forest official illegally cut trees and get away with it but the people are prevented. Tribes do not have land. Asking people to make actions.
The scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
This act was enacted to confer the rights of people who have been residing in the forest for generations, but whose inhabitance was not recorded. Provides framework for both the protection of the environmental conservation regime as well as ensuring the livelihood and food security of natives. The third paragraph of the act is groundbreaking in that explains that forest rights were unrecognized during the colonial and post-colonial period and admits that there has been a great history of injustice and even goes on to express that the “traditional forest dweller are integral to the very survival and sustainability of the forest ecosystem.” It is long overdue to address the issues facing those who were forced to relocate during State department intervention, and this act set out to do just that.
Making mention of Community Forest reserve, which means customary common forest land within the traditional or customary boundaries of a village or seasonal use by communities. It even define this area to include sanctuaries and national parks to which the community had traditional access. Minor forest products includes all non-timber forest produce of plant origin including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, tendu or kendu leaves, medicinal plants and herbs, tubers and the like.
The right that the movement will seek most connected to is Chapter ii(m), the right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal right to rehabilitation.
Chapter iii, Recognition, Restoration and vesting of Forest Rights and Related Matters, states that no forest dwellers should be relocated in the name of protecting land for wildlife unless some conditions are satisfied as in (section 6), resettlement has been prepared and communicated that provides secure livelihood for the effected individuals given the relevant laws of the central government, the informed consent of the local panchayat in these areas proposed for resettlement and no resettlement shall occur until facilities and land allocation at the resettlement location are complete as was agreed upon. Though this act makes it clear that all forest rights shall be free of coming into contradiction with the Forest (Conservation) Act, 1980 as is observable in Baihar, the tribes’ rights are rather being neglected in favor of the rights of the ecosystem. Section 5 distinctly states that in addition to their being a priority to protect the ecologically sensitive areas, it must be ensured that the habitat of the traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage.* This is a sign of hope for the Baiga in that the act not only seeks to protect their economic rights but also their cultural rights.
Chapter iv directly states that matters of community and forest rights shall be in the hands of village bodies, establishing a Panchayat Raj that is backed up by the Central government. Section 6.1 states, “The Gram Sanha shall be the authority to initiate the process for determining the nature and extent of individual and community forest rights”. In order to hasten the recognition of grievances or claims the act provided at every such petition need be attended to within sixty days from the date of passing of the resolution by the Gram Sabha.
Issue that many Baiga face include illiteracy, intimidation and neglect by the panchayats. Of the 8 villages that I found to have Panchayats, 4 of them made claim of complete neglect by the elected leaders ,who are themselves tribal people. This issue hinders them in their quest to seek retribution. Since the law was passed by the central government of India, it is useless if not applied and recognized at the state and panchyat level. Bayda Kal has come as a supplement to the local bodies, in that it has been a means to organize victims under sheath of individuals all fighting for their right to rehabilitation and self-determination
Movement began in 1974 called Bida Kal, (बिदा कल) meaning, Goodbye Yesterday, is a sensitizing and unifying force that has most recently been working to take the retribution effort to the legal arena. 17 villages involved 1406 people are involved in seeking compensation for the ancestral lands that were taken from them. Yet none of the villages that I have had contact with were involved with this case. Of all the villages I have visited, 11 claim that either they personally, or their parents were pushed out of Kanha Tiger Park Since a year and a half they have been fighting to get a case in the High Court. Have sent many applications to the forest minister, prime minister and chief minister collector but have received no responses. Plan to go to High Court of M.P. in Jabalpur Next Month. Their main issue right now is that they currently have no lawyers to represent them or interpret the law .
The points discussed in themeeting were:
1. What are the Court fees and who will contribute? 70,000 rupees because there are 17 villages involved.
2. When will we go to Jabalpur, where the High Court is found, and when will they get a lawyer?
3. Making a big Sabha on the 25th of April which will be a big contribution.
4. Info on court and info on the origins of the movement that started in 1974.
5. To make a decision to not smoke tobacco because it is a poison. Everyone will stop smoking.
6. To educate the public, to bring people together as a collective.
7. The 17 villages are having many castes. A pledge to not miscommunicate or misbehave, Rich and poor relations. Making sure that the most vulnerable and poor are included. Unity between castes.
8. Corruption preventing the implementation of Act. Police do not help stop corruption and also they facilitate the corruption.
9. Government gives money for school , roads, hospitals but corruption is eating away budget. Private sector is also a problem.
10. The forest and village people are one, not different or involved in a hierarchy. Tribes are treated like criminals in these areas. Forest official illegally cut trees and get away with it but the people are prevented. Tribes do not have land. Asking people to make actions.
The scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
This act was enacted to confer the rights of people who have been residing in the forest for generations, but whose inhabitance was not recorded. Provides framework for both the protection of the environmental conservation regime as well as ensuring the livelihood and food security of natives. The third paragraph of the act is groundbreaking in that explains that forest rights were unrecognized during the colonial and post-colonial period and admits that there has been a great history of injustice and even goes on to express that the “traditional forest dweller are integral to the very survival and sustainability of the forest ecosystem.” It is long overdue to address the issues facing those who were forced to relocate during State department intervention, and this act set out to do just that.
Making mention of Community Forest reserve, which means customary common forest land within the traditional or customary boundaries of a village or seasonal use by communities. It even define this area to include sanctuaries and national parks to which the community had traditional access. Minor forest products includes all non-timber forest produce of plant origin including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, tendu or kendu leaves, medicinal plants and herbs, tubers and the like.
The right that the movement will seek most connected to is Chapter ii(m), the right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal right to rehabilitation.
Chapter iii, Recognition, Restoration and vesting of Forest Rights and Related Matters, states that no forest dwellers should be relocated in the name of protecting land for wildlife unless some conditions are satisfied as in (section 6), resettlement has been prepared and communicated that provides secure livelihood for the effected individuals given the relevant laws of the central government, the informed consent of the local panchayat in these areas proposed for resettlement and no resettlement shall occur until facilities and land allocation at the resettlement location are complete as was agreed upon. Though this act makes it clear that all forest rights shall be free of coming into contradiction with the Forest (Conservation) Act, 1980 as is observable in Baihar, the tribes’ rights are rather being neglected in favor of the rights of the ecosystem. Section 5 distinctly states that in addition to their being a priority to protect the ecologically sensitive areas, it must be ensured that the habitat of the traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage.* This is a sign of hope for the Baiga in that the act not only seeks to protect their economic rights but also their cultural rights.
Chapter iv directly states that matters of community and forest rights shall be in the hands of village bodies, establishing a Panchayat Raj that is backed up by the Central government. Section 6.1 states, “The Gram Sanha shall be the authority to initiate the process for determining the nature and extent of individual and community forest rights”. In order to hasten the recognition of grievances or claims the act provided at every such petition need be attended to within sixty days from the date of passing of the resolution by the Gram Sabha.
Issue that many Baiga face include illiteracy, intimidation and neglect by the panchayats. Of the 8 villages that I found to have Panchayats, 4 of them made claim of complete neglect by the elected leaders ,who are themselves tribal people. This issue hinders them in their quest to seek retribution. Since the law was passed by the central government of India, it is useless if not applied and recognized at the state and panchyat level. Bayda Kal has come as a supplement to the local bodies, in that it has been a means to organize victims under sheath of individuals all fighting for their right to rehabilitation and self-determination