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Forest Rights in West Bengal. Backward Classes Welfare Department. Government of West Bengal. Strategies Tribal Forest Rights Act 2006 West Bengal. Tribal Rights Act, 2006. Recognize and vest forest rights to those who have been residing on forest land for generations.
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Forest Rights in West Bengal Backward Classes Welfare Department Government of West Bengal
Tribal Rights Act, 2006 • Recognize and vest forest rights to those who have been residing on forest land for generations. • To ensure livelihood and food security to the Forest dwelling scheduled tribes and other traditional Forest dwellers. • To set right historical injustices to the Forest dwelling Scheduled Tribes and other traditional forest dwellers which are integral to the very survival and sustainliblity of the Forest eco-system. • Sustainable use, conservation of Biodiversity and maintain Ecological Balance. • Livelihood and food security of Forest Dwelling Schedule Tribe (FDST) and Other Traditional Forest Dwelling (OTFD).
What are the Forest rights • Right to hold and live in the forest land for habitation or self-cultivation for livelihood. • Right of ownership, access to collect and dispose of Minor Forest Produce which have been traditionally collected. • Rights of conservation of patta to title. • Right to convert Forest village into revenue village. • Right of access to Biodiversity and community right to IP. • Right to in situ rehabilitation where illegally evicted prior to 13 Dec 2005. • Right heritable but not transferable. • Settlement of land not exceeding 4 hectares.
Eligibility The Act is for • The forest Dwelling Scheduled tribes( FDST). • And Other Traditional Forest Dwellers (OTFD). • Forest Dwelling ST are those members of the community who primarily reside in and depend on forest land for bonafide livelihood needs and are in occupation of forest land before 13 December, 2005. • Other Traditional Forest Dwellers are who primarily reside in and depend on forest land for bonafide livelihood needs and are in occupation of forest land for 75 years before 13th December, 2005.
Implementation plan adopted Invitation of claims • To arrange for forms of claims and other forms and registers for keeping records. • To invite claims giving 3 months time. • Awareness meetings at Gram Sansad level. • Wide publicity on the provisions of the Act. • 4 Govt. Officials from Land Reforms, Forests, Panchayat & Rural Development and Backward Classes Welfare Department invited into the FRC to assist the FRC. • To hold camps to facilitate reciving of claims and helping to fill up claim forms. • To help apply for ST certificates by ST applicants.
Implementation plan adopted Enquiry • Claims to be recorded in registers. • Govt. Officials attached to FRCs to facilitate filling up. • To hold enquiry by FRC. • To measure land in occupation of the claimant. • To prepare land map. • GPS under Forest Department may be used. • 4 Officials of L&LR, Forest, P&RD & BCW attached to FRC for measurement of land, veracity and preparation of record of land under occupation of the claimant. • Forest Department to provide records of forest land.
Implementation plan adopted Disposal by FRC • To prepare list of eligible claimants. • Four Officials of L&LR, Forest, P&RD & BCW to assist FRC. • To pass the list in the FRC. • To place the list before the Gram Sansad for approval. • To forward the list of eligible claimants recommended by FRC to the SDLC. • Reasons of rejected claims to be recorded. • Report on receiving of claims, enquiry. Preparation of maps, recommendation, rejection etc. to be sent to SDLC. • Disputes to be referred to SDLC.
Implementation plan adopted Disposal by SDLC & DLC • SDLC to deliberate claims recommended by Gram Sansad. • SDLC to send the claims recommended by it to DLC. • To reject ineligible cases showing reasons. • SDO and Chairman of SDLC to arrange for ST certificate to eligible ST claimants. • Since eligibility has been determined and has been approved by FRC, Gram Sansad and SDLC, no further enquiry for determination of ST status may be needed. • DLC to appove eligible cases and approve of forest rights. • Preparation of forest rights (Patta) and distribution.
West Bengal Scenario FDST • There are around 170 Forest Villages recognized by Forest Department, comprising around 45,000 people mostly ST, inside forests of North Bengal. These villages were set up by State Forest Department 80-90 years back. • Besides there are other Forest Villages in Darjeeling hill areas. • These villages have been brought under the benefits of development through Panchayati Raj Institute (PRI) from 1990s onwards. • There are large number of tribals / other traditional dwellers either living on or encroached forest land, for cultivation, since the acquisition of all forest land, under Estate Acquisition Act, 1953, by the State Forest Department in South Bengal districts bordering Jharkhand and Orissa.
West Bengal Scenario FDST • All the Forest villages, situated on Reserved Forest land are being regularised under the Act. • Similarly, all individual cases of old encroachment are being regularised, on priority basis, in South Bengal and North Bengal. • There are also a large no of Forest Villages, in North Bengal, located within the Protected Areas which are proposed for declaration as Critical Wildlife Habitat. • Moving out these Forest villages, out of the Critical Wildlife Habitat, will require huge fund support from GOI.
Implementation in West Bengal • 2819 FRCs in 12 Districts -36 SDLCs and 12 DLCs formed. • Claims from 12 districts out of 19. • Most of the claims in six districts – Paschim Medinipur, Purulia, Bankura, Jalpaiguri, Burdwan and Birbhum. • Programme of implementation started in 2008. • Claims invited simultaneously in all 12 districts. • Wide publicity on the provisions of the Act made. • 4 Govt. Officials invited into the FRC to assist the FRC. • A Block Level Monitoring Committee was formed in concerned Blocks to co-ordinate the implementation work. • Work could not start in Darjeeling due to disturbances.
Receipt of Claims • Chart showing receipt of claims
Claims Accepted and Forest Rights Granted • Chart showing accepted of claims
Claims Rejected • Chart showing rejection of claims
Claims Pending for Enquiry • Chart showing Pending of claims
Forest Rights in favour of Other Traditional Forest Dwellers - Individual claims
Forest Rights in favour of Other Traditional Forest Dwellers - Community Claims
Analysis of rejection Sample study initiated on ST claims Grounds of rejection found • Duplicate applications. • Claimants not belonging to ST. • Claimants not in occupation of forest land. • Land in occupation of claimants is not forest land. • Claimant not dependent on forest land for livelihood.
Steps taken to review the situation • To review all cases of rejection of ST claims. • Officials of LR, Forest, Panchayat and BCW departments to form team to review cases. • To submit findings to Gram Sansad through FRC for recommendation for acceptance or rejection. • To grant opportunity of being heard to all claimants whose claims are liable to be rejected. • A three-month time schedule has been fixed. • Instruction to entertain fresh claims has been issued. • Arrangements made for disposal of pending applications.
Interim Review Results • Causes of rejection of ST claims being looked into. • Fresh review showing trends of further grant of forest rights to ST Forest Dwellers. • Officials of LR, Forest, Panchayat and BCW departments formed team and reviewing cases. • Already findings in the district of Bankura have resulted in acceptance of some claims while some rejections are confirmed. • Review being done in three districts, Bankura, Purulia and Paschim Medinipur where large number of claims were rejected.
Problem Areas • Non-ST claimants unable to prove occupation for 75 years. • Difficult to grant community rights where majority of residents are non-ST & using forest land for less than 75 years) and rights only to ST may lead to social discord. • In some places rights to access minor forest produce have already been granted to all (ST & Non-ST) – difficult to segregate and grant forest rights to STs only. • Process could not start in Darjeeling due to disturbances. • 14787 applications remain pending for disposal due to disturbances. • Conversion of forest land into revenue land not yet started in West Bengal.
Suggestion for action after issue of Forest Right • After Patta is given, no change of land use pattern should be permitted. • A task force should supervise that the patta land is not re-transferred to non-eligible persons. • Right to collect Non Timber Forest Produce (NTFP) have already been given by the state Government to all forest / fringe villagers under Joint Forest Management Committee (JFM) resolutions. Such rights of others cannot be curtailed by monopolising rights of a few. • For clearance of Projects < 1 hectare, under Tribal Rights Act, the power should vest in State Government.
Suggestions • Proposed amendments in the Rules agreed to by the Govt. of West Bengal. • Needs officials at lowest level are needed to be included in the FRC to facilitate better functioning and maintenance of records by FRC. • A block level Statutory Committee on Forest Rights may also be set up to monitor works relating to grant of Forest Rights.
