By Ghasiram Panda
Odisha government had taken step towards decentralization of state forest through formulation of Orissa Village Forest Rule, 1985. In context of thousands of community groups protecting and managing nearby forests on their own, this rule holds significance and could have had remarkable impact over whole of forest governance in the state.
However, past twenty years of experience depicts a different scenario, contradicting the then made claims. A close analysis of the existing rules gives glimpses of what went wrong at the policy level which created hindrance and defeated the very objective of village forest and its rule.
It is learnt that the rules in Odisha are so framed that the provisions for village forest can be utilized only for the area under social forestry although this has not been clearly stated. The nature and content of the rule are so, evidently because the primary intension was not to provide a proper legal framework to voluntary efforts of the village communities in the area of forestry being done on a large scale. There are some major issues like larger participation of villagers in managing their affairs, downward accountability toward village, ownership of village over resources, recognition of customary and traditional practices, larger involvement of stakeholders in claim settlement process, resolution of disputes and conflicts and clearly defined role of forest and other government officials, which are not clearly stated or laid down in the rule but have their own significance in larger process of decentralization and management of forest.
Also, rule does not carry the real essence of the Orissa Forest Act; on which this rule was framed. Hence, there is a need to amend certain aspect of the rule by incorporating above mentioned larger issues to make it more rational, toward democratization of forest management, equitable and transparent & accountable towards them, for whom this rule is meant for. Further, we shall try to discuss which and why major amendments are proposed in the existing rule.
Role of Palli Sabha: The essence of Village forest in the act suggests that it is meant to benefit the interest of village Communities. But this essence doesn't reflect in the rule. The rule does not give any scope for villagers to decide or even participate in the affairs of management. Whole management of village forest lies in the hand of few individuals who are not downwardly accountable to village but to forester as he is the person who appoints them in the committee.
Further, Forester has all functioning power similar to JFM in the management of village forest. This gives space to vested interest to maneuver the whole process in their favor and get leverage of association with someone who matters.
Therefore, in the amendments, focus has been given to village assembly for larger participation and downward accountability for management of village forest. In context of Orissa, Palli Sabha is the actual village assembly as it covers only one village or in maximum two villages and also has statutory recognition by government. Therefore, the proposed amendments give important role to Palli Sabha in terms of resource ownership and management rights over village forest and its produce. Since Palli Sabha is not an elected body but a democratic entity by virtue of village residents being its suo-motto members, it is rational and justified to give it all rights over the forest under its jurisdiction.
Constitution of Forest Enquiry and Settlement Committee: In the existing rule no detail procedure were laid down for registering the claims and settling the existing rights. There is only one small provision in the rule where concerned Range Officer is supposed to register and verify the individual claims if any and give report to Tehsildar for settlement. But nothing were mentioned about procedure through which these claims are to be registered, verified and settled, which gives scope and leverage for the concerned person for manipulation.
In addition, nothing had been made with respect to communal rights of neighboring villages such as Nistar rights or circumstantial rights of such villages who are protecting or managing such forest for long and those families who are dependent on such forest for their survival and drawing their own bonafide livelihood. Claim and settlement process is a significant issue which needs to be taken up carefully so that minimum disputes and conflicts might arise out of notification of such forest as village forest and vesting of rights in one particular village.
Hence, in the proposed amendments, constitution of Forest Enquiry and Settlement Committee and power of registering, verifying and settling claims and rights to this committee instead of Range Officer and Tehsildar is mentioned. Such Committee shall be constituted with three government officials including revenue and forest; three ex-officio members nominated by Panchayat Samiti of forest area and one ecology expert from local university or other institutions. This committee shall be constituted at Sub-divisional level and one member each shall be nominated from local forest federation and civil society organizations. Verification and settlement of all claims shall be done in the open public meeting in the concerned village/s and Palli Sabha shall give its free informed written consent on every order passed by such committee. Provision for rights and privileges of other or neighboring villages and pastoral communities are also mentioned in the amendments.
Resolving disputes and conflicts arising before and after notification of Village Forest: In the present rule, no provision except appeal to sub-collector is mentioned about resolution of disputes and conflict arising out of settlement process and over management of such village forest. However, the disputes and conflicts are bound to arise given the complexity of forest conservation and management and spread of claims over one particular forest patch among many villages. If mechanism for dispute and conflict resolution is not included, creation of village forest shall become a curse for conservation rather than boon.
Henceforth, in the amendment, constitution of Dispute Resolution Committee with nine members at district level is proposed. Out of the nine members four are from Forest federations and civil society organization. One retired Judge served in the district and nominated by Zilla Parishad is also included. Proposed amendment gives authority to this committee to ask for reply from any concerned person or organization including revenue department and forest department in case of any dispute. After receiving reply from concerned parties, the committee shall settle the dispute in the open public meeting at the concerned village. Its order shall be final but subject to further appeal.
In case of conflict arising after notification over management of village forest, such committee shall intervene if asked but not before all other possibilities such as discussion in the Palli Sabha or in case of inter-village conflict, in joint Palli Sabha and any other traditional or customary institutions existing in the area. Such committee shall only intervene in the last and through open public meeting and its decision shall be final but subject to further appeal.
Framing its own rules and regulation: The present rule does not provide any scope to incorporate diversity of institutional functioning and try to impose a crafted institution over the village with no functioning power. However, experience suggest that villages through their own customary and traditional rules have ably managed and conserved forest and created remarkable impact over resource regeneration and empowerment of village communities.
Therefore, amendments proposed talked about inclusion of space for villages to devise their own rules and regulation in line of their customary practices and in accordance with forest governing laws so that conservation of forest and meeting local needs shall go vis-à-vis. The amendment gives power to Palli Sabha to devise their own rules and regulation in written form covering aspect of protection, management of resource, penal system, grazing and benefit sharing. All such rules are framed and approved in the open public meeting with two-third of quorum. Palli Sabha shall also have power to challenge if it feels any objection is raised by the govt. department over its rules are not technically sound or which may jeopardize the rights and welfare of villagers or not in accordance with the law.
Structure of Village Forest Management Committee: In the present rule, there is provision of Village Forest Committee under which all management rights over village forest are vested. However, in a close analysis, it suggests that these management rights are superficial with complete accountability towards Forest department, particularly with forester and Range Officer. The constitution and functioning of this committee also gives same impression where Forester has all power to appoint members to this committee. Also he/she has power to call meeting and maintain notice & proceeding book.
Therefore, the rule provides lot of space for maneuvering by forester while villagers are restricted in putting their view. The proposed amendments suggest overhauling of the present structure with changed name. The committee in the amendment called as Village Forest Management Committee. It has all management right and have right to implement the decision of Palli Sabha. The structure of committee in the amendment is such that all its members and office bearers shall be elected by Palli Sabha. The Chairperson shall have authority to call and preside over the meeting. The Secretary so elected has to maintain all proceeding and notice such issued for record. He/she also correspond with govt. department and other agencies for specific purpose. Village fund for purpose of this rule shall be operated by four account holders including Chairperson and Secretary. Forester or any outsiders without permission of the committee shall not sit in the meeting and in no case they are part of decision making.
Sharing of Produce: In the present rule, any villager can get forest produce from the village forest on payment of schedule rate of concerned forest division. This provision in no case is in line of natural justice and equality. Though the villagers put their efforts in form of protection and maintenance of boundary to regenerate the resource, still they have to pay same amount of rate which any outsider or contractor has to pay. Then where is the incentive for forest protection. They must be entitled to take necessary produce for domestic consumption and bonafide livelihood without paying any amount. This same notion has been proposed in the amendment. Other than this one part of amount generated from sale of forest produce gathered on communal basis shall be distributed among households on one share per kitchen basis. Apart from this, special provisions for sharing produce among economically weaker sections, Women headed family, widow, Old age persons, Physically challenged persons and landless person; rule such devised by Palli Sabha. For outsider, produce shall be sold on the schedule rate applicable in the concerned division.
Flow of Fund accountable to Village: Financial accountability in relation with village forest management in the present rule is upward with no mention of village. This allows the vested interest to crop up and dominate the process. On the other side, those who are really dependent on the forest get excluded from the process. This very aspect defeats the purpose and objective of village forest. Henceforth, there is a need to include certain provisions in the rule which shall ensure downward accountability towards village.
This will not only make system function properly with better participation but also ensure functional transparency in the management of village forest. Therefore in the proposed amendment, aspect of monitoring and review of all financial transaction of the committee by Palli Sabha is included. Further, any type of grant from government or panchayat or any private agencies to village fund for management of village forest shall be approved by Palli sabha in the open meeting. Palli sabha is also authorized for internal audit through its special committee. In addition village fund can be utilized for any purpose as deem fit by Palli Sabha and decided in the open meeting.
Apart from these major issues, there are number of issues which are included in the proposed amendments to ensure better participation, transparency and accountability, equitable distribution of resource among community members, enhancement of environmental services and social justice of forest protection and management. Henceforth, it is presumed that through these amendments, long standing issue of recognizing community efforts in regeneration of resource and democratization of forest governance shall be achieved.
[The author is co-ordinator, Working Group on Orissa Village Forests Rules Amendment Process. Please send your comments and suggestions at janatavikasmanch@gmail.com and visit www.janatavikasmanch.blogspot.com for more information.]
Saturday, February 7, 2009
Friday, February 6, 2009
Politician Vs Poor family of KBK region
A member has send this cartoon to Janata Vikas Manch. The cartoon is relevant in the current political scenario.
Wednesday, February 4, 2009
Secular polity should be strengthened for the holistic development of Odisha
By Sudarsan Das
The 2008 was the black year for Odisha. Kandhamal violence has not only shaken the back bone of Odisha's society, but it has also tarnished the state's image before the national and global community.
The communal conflagration of Kandhamal has lasted for several months last year. It spread to new places in new forms and made people helpless and threatened. The situation has turned more complex. Both the sides used fire arms, ammunitions and explosives. It appeared as if Kadhamal is on a keg of explosives.
There are long range implications of the Kandhamal calamity. Not only it has undermined our national and international standing, it may also hamper the foreign aid and foreign help to Odisha. Likewise, it may undermine and jeopardize the long standing traditions of cultural amity, understanding & co-existence, between ethnic groups, castes and communities of the state. Truly, the happenings of Kandhamal are no longer a small mis-adventure but turned into a great disaster.
Kandhamal violence has moved the chief minister of Odisha too. While Naveen Patnaik was touring the torched villages, turned into graveyards, an affected old destitute woman reportedly approached him. She held his hand and cried disconsolately. The heart rending cry of that old woman and the tragic circumstances melted his heart and tears rolled down his cheeks.
The media head lines next day went hoarse "The Chief Minister, cried". On return to Bhubaneswar with a heavy heart he told the media: "The incidents of Kandhamal are the most unfortunate event during his administration" .
Not only the chief minister, but majority of the people of Odisha think in the similar manner. The incidents of Kandhamal have affected them deeply. The compassion in their hearts, as his, have rolled down as tears. The people of the State have been deeply saddened by the recent communal incidents in Kandhamal. The combined gash of their hearts and tears of their eyes has shaken one and all.
The history of Indian communal violence shows that the main reason of riots is: Government inaction. Of course, Gujarat is a rare exception where, official encouragement was behind the riots. But in most places, riots become uncontrollable when and where government fails to instill the fear of law in the minds of the rioters. When government fails to instill confidence in the mind of the affected public and fails take steps to create fear of Law in the mind of the rioters, it is self-evident that riots will spread. Strict Government action alone, impedes riots and rioters.
In this regard in September 1957, the then prime minister of India, late Mr Jawaharlal Nehru, had written a letter to the then chief ministers. Invoking them to resist people involved in communal violence and hate, he wrote, "The issue should be fronted with strong action, as early as possible. The violators of law should be arrested and enterned, asap. People should believe that Government has no soft corner for the rioters".
Unhappy at the administrative actions taken, Nehru further wrote, "We have slowed down in this regard. Thus, the problem has continued to escalate. The main promoters of poison of communal hatred, the mischief mongers and goons, are thus continuing their work, unhindered. Yet, when the issue comes to a boil, a few innocent are arrested, the master minds escape the persecution.”
We observe the deviations from these guide lines, in Nehru's own time in office. But relevance of that letter and invocation is still paramount, particularly in light of the recent communal violence in Kandhamal.
If one analyses the sequence of events from last December till today, one comes to the clear conclusion that the state government has not taken the measures necessary to prevent the spread of communal hatred and consequent violence. Rather, the government has remained a silent spectator, Naveen Patnaik being the Home minister of the state. The fire of communalism in Kandhamal had also spread to other states of India, like Karnataka & Kerala.
The majority of Odiyas are religious but are not communal. Even today they are free from communal hatred and malice. Communal amity still prevails in the state. But, the individuals and organizations, undermining this amity need to be brought to book with a strong hand. pronto.
The communal hate, crimes and disturbance, starting July 22, 2008 till today has dumbfounded all of us. The murder of Swami Laxmanananda and following counter attack, burning of thousands of houses of innocents, mass rioting and large scale disturbances have blackened the image of Odisha.
It is difficult to find words harsh enough, to appropriately condemn these dastardly acts. On the other hand, those who became the leaders of the post Swami Laxmananda murder acts, who burned alive innocents like Rajani, who burned thousands of homes, caused a state-wide
unrest and vandalism, sure are no friends of Hinduism.
Many intellectuals forewarned in 1950s about spread of communalism in Punjab, which was ignored. It surfaced in 1981 and in 1984 and became so vicious that it crossed all bounds of humanism. People saw how vicious can the communal violence be, in the post partition, India.
In the 90s, communal thoughts prevailed in creating a series of communal riots in which cities like Moradabad, Meerut, Bangalore, Bombay, Bhagalpur, Jaypore and Lucknow, endured. These riots, challenged the human conscience and values of Indians.
At the advent of the 21st century again the country got shocked at a conflagration of communal violence. In February-March, 2002, the Gujarat conflagration burned out of control. It was so vicious, venomous and wide spread that it threatened common man with fear and disgust. The ripping open with a sword of a human fetus out of the body of a pregnant women, in that riot, does not have any parallel in our history.
Gujrat riots are deemed a national shame. This riot was the most vicious since, 1947 and was unprecedented in the history of Gujarat and it's administration being actively involved in these riots. Gujarat Police took the role of rioters.
The Sangh Parivar has tried to make Odisha as their second laboratory of communalism to retain power in the state. Communal is a bane to the human society. It is anti-religious and anti-development. It is now the duty of all the citizens of the state specially the intelligentsia to thwart the communal mindset and to restore communal peace and harmony. The secular polity of Odisha should be strengthened for the overall development of the state.
The author is a political activist and columnist. Please send your comments at janatavikasmanch@gmail.com or sudarsan_d@yahoo.com and visit www.janatavikasmanch.blogspot.com for more information.
The 2008 was the black year for Odisha. Kandhamal violence has not only shaken the back bone of Odisha's society, but it has also tarnished the state's image before the national and global community.
The communal conflagration of Kandhamal has lasted for several months last year. It spread to new places in new forms and made people helpless and threatened. The situation has turned more complex. Both the sides used fire arms, ammunitions and explosives. It appeared as if Kadhamal is on a keg of explosives.
There are long range implications of the Kandhamal calamity. Not only it has undermined our national and international standing, it may also hamper the foreign aid and foreign help to Odisha. Likewise, it may undermine and jeopardize the long standing traditions of cultural amity, understanding & co-existence, between ethnic groups, castes and communities of the state. Truly, the happenings of Kandhamal are no longer a small mis-adventure but turned into a great disaster.
Kandhamal violence has moved the chief minister of Odisha too. While Naveen Patnaik was touring the torched villages, turned into graveyards, an affected old destitute woman reportedly approached him. She held his hand and cried disconsolately. The heart rending cry of that old woman and the tragic circumstances melted his heart and tears rolled down his cheeks.
The media head lines next day went hoarse "The Chief Minister, cried". On return to Bhubaneswar with a heavy heart he told the media: "The incidents of Kandhamal are the most unfortunate event during his administration" .
Not only the chief minister, but majority of the people of Odisha think in the similar manner. The incidents of Kandhamal have affected them deeply. The compassion in their hearts, as his, have rolled down as tears. The people of the State have been deeply saddened by the recent communal incidents in Kandhamal. The combined gash of their hearts and tears of their eyes has shaken one and all.
The history of Indian communal violence shows that the main reason of riots is: Government inaction. Of course, Gujarat is a rare exception where, official encouragement was behind the riots. But in most places, riots become uncontrollable when and where government fails to instill the fear of law in the minds of the rioters. When government fails to instill confidence in the mind of the affected public and fails take steps to create fear of Law in the mind of the rioters, it is self-evident that riots will spread. Strict Government action alone, impedes riots and rioters.
In this regard in September 1957, the then prime minister of India, late Mr Jawaharlal Nehru, had written a letter to the then chief ministers. Invoking them to resist people involved in communal violence and hate, he wrote, "The issue should be fronted with strong action, as early as possible. The violators of law should be arrested and enterned, asap. People should believe that Government has no soft corner for the rioters".
Unhappy at the administrative actions taken, Nehru further wrote, "We have slowed down in this regard. Thus, the problem has continued to escalate. The main promoters of poison of communal hatred, the mischief mongers and goons, are thus continuing their work, unhindered. Yet, when the issue comes to a boil, a few innocent are arrested, the master minds escape the persecution.”
We observe the deviations from these guide lines, in Nehru's own time in office. But relevance of that letter and invocation is still paramount, particularly in light of the recent communal violence in Kandhamal.
If one analyses the sequence of events from last December till today, one comes to the clear conclusion that the state government has not taken the measures necessary to prevent the spread of communal hatred and consequent violence. Rather, the government has remained a silent spectator, Naveen Patnaik being the Home minister of the state. The fire of communalism in Kandhamal had also spread to other states of India, like Karnataka & Kerala.
The majority of Odiyas are religious but are not communal. Even today they are free from communal hatred and malice. Communal amity still prevails in the state. But, the individuals and organizations, undermining this amity need to be brought to book with a strong hand. pronto.
The communal hate, crimes and disturbance, starting July 22, 2008 till today has dumbfounded all of us. The murder of Swami Laxmanananda and following counter attack, burning of thousands of houses of innocents, mass rioting and large scale disturbances have blackened the image of Odisha.
It is difficult to find words harsh enough, to appropriately condemn these dastardly acts. On the other hand, those who became the leaders of the post Swami Laxmananda murder acts, who burned alive innocents like Rajani, who burned thousands of homes, caused a state-wide
unrest and vandalism, sure are no friends of Hinduism.
Many intellectuals forewarned in 1950s about spread of communalism in Punjab, which was ignored. It surfaced in 1981 and in 1984 and became so vicious that it crossed all bounds of humanism. People saw how vicious can the communal violence be, in the post partition, India.
In the 90s, communal thoughts prevailed in creating a series of communal riots in which cities like Moradabad, Meerut, Bangalore, Bombay, Bhagalpur, Jaypore and Lucknow, endured. These riots, challenged the human conscience and values of Indians.
At the advent of the 21st century again the country got shocked at a conflagration of communal violence. In February-March, 2002, the Gujarat conflagration burned out of control. It was so vicious, venomous and wide spread that it threatened common man with fear and disgust. The ripping open with a sword of a human fetus out of the body of a pregnant women, in that riot, does not have any parallel in our history.
Gujrat riots are deemed a national shame. This riot was the most vicious since, 1947 and was unprecedented in the history of Gujarat and it's administration being actively involved in these riots. Gujarat Police took the role of rioters.
The Sangh Parivar has tried to make Odisha as their second laboratory of communalism to retain power in the state. Communal is a bane to the human society. It is anti-religious and anti-development. It is now the duty of all the citizens of the state specially the intelligentsia to thwart the communal mindset and to restore communal peace and harmony. The secular polity of Odisha should be strengthened for the overall development of the state.
The author is a political activist and columnist. Please send your comments at janatavikasmanch@gmail.com or sudarsan_d@yahoo.com and visit www.janatavikasmanch.blogspot.com for more information.
Sunday, February 1, 2009
Kendu-Leave collection makes state rich and tribals poorer
Panchayati Raj governance and Forest Rights Act can help the tribals to revive their economic status, writes Pravin Patel, director, Tribal Welfare Society and Public Eye Swiss Award 2008 nominee
More than 10 lakh (1 Million) tribals and other forest dwellers are engaged in the Kendu Leaves (KL) collection in the state of Odisha. Kendu leaves trade in Odisha was done by few private contractors who made huge money in this lucrative trade. Those private contractors were so powerful that they successfully managed to interfere in state politics but also got the ministers of their choice. The interferences were tolerated in exchange of huge donations to political parties to buy favours. The instability of the Odisha governments during 1960s is largely attributed to the powerful Kendu Leaves lobby.
Immediately on coming of the late Indira Gandhi to the centre stage of National Politics; through the then chief minister late Nandini Satpathy nationalized the trade in the year 1973 to get rid of the private contractors. Big claims were made that KL contractors are exploiting poor tribals, as such to save them from being exploited, the trade will be conducted by the state Forest department which was assigned the duty to collect KL from the tribals and process the same and hand over to the Odisha State Forest Development Corporation for marketing.
With change in the players, Private traders' monopoly has been replaced by the Forest Department monopoly. Since 1973, a long period of thirty five years has passed. It can be safely assumed that the plight of the tribals must have changed within this period in the KL trade that generates annually about Rs 500 crore (INR 50 million) from average production of five lakh quintals. We were shocked to see that the plight of the tribals has on the contrary worsened. Poor tribals have become pauper. The very fact that almost half of the population of Odisha lives Below Poverty Line (BPL), which must be 80% or more amongst the KL pluckers. Besides acute poverty, lack of quality education, corruption in Public Distribution System (PDS) and lack of health care has resulted in malnutrition that has pushed them to their premature death.
Despite change in policy that promised them to bail out of exploitation, despite spending huge money on several developmental heads, if this is the reality, Questions are raised why? Whom to blame? What can be done? To find answers we need to look at reasons one by one.
The first reason is the dictatorial attitude of the forest officials who have replaced private traders. KL activities have been a milking cow particularly for field staff like for rangers and forest guards. Fictitious purchases; under counting of leaves and various tricks played in quality gradation of the processed leaves are some of the sources of eating away the money.
The other reason is the overall neglect of the tribals by the state in practicing anti-tribal policies for the comforts of Biri manufacturers, Industrial and Mining Corporations. It is shocking to know that while Iron Ore, Bauxite and other natural mineral wealth are allowed to be virtually looted at laughably low rate of royalty, for example Iron ore, it is only Rs. 4/- at the lowest and Rs. 27/- per MT (International market rate is about Rs. 10,000/-)
Bamboo is another example. Under management of OFDC, Bamboos were supplied at a highly subsidized rate to paper mills. When the paper mills can be supplied bamboo at only 49 Paise each piece, why tribals needs are ignored? Why tribals are harassed on false cases despite those tribals need Bamboos to weave baskets and make other products for livelihood. Even the artisans' needs are ignored.
Games played in Kendu Leaves
State share of earnings in shape of royalty and taxes is more than 40%, where as 10 lakh pluckers gets only about 25%. Forest department with a staff of 12,000 spends about 15% towards establishment cost, research and in the name of other over heads. What research they have done at the cost of spending crores of rupees is any body's guess.
The above facts makes it amply clear that the state policies are drafted to help those who can buy favours where as the poor tribals are denied their legitimate rights. State must accept the fact that its wrongly cultivated policies have failed to save tribals from being exploited or improve their economic and social conditions. The result of thirty five years of failed policy has pushed them to absolute poverty.
Newspapers have reported of selling children and wives at Bolangir district, where KL of best quality is collected that fetches highest rates in the country. Exporters compete with each other to buy those leaves at the highest rate in the country, those who collect the leaves are extremely poor.
The story is not limited to Bolangir only. We find in newspapers reports about protesting tribals from many areas of the state that even after months payments to the KL pluckers are not made. KL pluckers mortgage their cards to the money lenders, who collect the money on behalf of the pluckers. Delay causes further losses of high rate of interest charged by the money lenders.
It is painful to note that the Kendu Leaves Coordination Committee chaired by Chief Secretary, finds it difficult to even increase a paisa or two per bundle of 20 Kendu leaves by stating that any increase in purchase price will make the KL business less lucrative. Even when the decisions are taken with great difficulty, it is publicized as if great favours done on KL pluckers. This exposes the mentality of the state who exploit tribals as a tool to earn Rs 500 crore but even a token increase in KL purchase prices, their eyebrows are raised. From the air conditioned comforts they expect tribals to defy scorching summer sun with mercury touching 48 degree to collect KL.
From the above facts, we can conclude that monopoly of the state, dictatorial attitude of the forest officials at the field level, inept police to crack on illegally operating money lenders and lack of accountability at all level by the concerned officials is the root cause of misery to the tribals. The very purpose to save the tribals from being exploited at the hands of private contractors for which the trade was nationalized stands defeated.
The present policy practiced from last 35 years has failed. When there is a need to completely change the policy, tribals are lured by playing cheap vote bank politics by promising to give them shoes / chappals for free. Nationalization of Kendu Leaves is a glaring example to demonstrate how blindly a failed policy can be pursued so long for political games and satisfying Biri industries. Where the tribals should go?
After a long struggle to get justice by the tribals and civil society organization, it took 60 years to the Indian parliament to admit the 'historic injustice' done to the Scheduled Tribes and forest dwellers to get rid of the corrupt forest and revenue department officials. "The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006" finally recognized their rights, but the rules were framed much later i.e. w.e.f. January 1. 2008. The delay in implementation of the act is largely due to the strong opposition by a certain group of people who desperately tried their best to see that the tribals are not given their rights.
Forest rights act besides recognizing ownership of occupied land in the forests and provides rightful access to collect 'minor forest produce', including Kendu leaves, Bamboo, Honey besides other minor forest produces. FRA provides unrestricted collection of minor forest produces by tribals and other forest dwelling communities. It also allows one time processing and sales to whomsoever they wish. However, in absence of clear rules, some confusion remains on how to transport the material from the forest to the customer's destination.
Forest officials and traders who exploit tribals are under fear to get out of business if the tribals use their rights. Few retired Forest Department officials of Odisha have filed a Public Interest Litigation before the Hon'ble High Court of Odisha demanding to stay the implementation of the act by labeling tribals as "Encroachers" and feared that they will destroy the remaining forests. On the contrary, in many areas tribals themselves have come forward to protect forests. The fact remains that without forests tribals can not survive and without tribals forests can not be safe.
As per a report, Odisha has lost more than 25% of its forest cover during the period 1972 to 1999, which is much before the Forest Rights Act has come in to force. This further exposes the hollow charges of the officials who have not only failed in their duties to protect the forests. Is it a secret that timber and forest mafias have eaten away most of the forests including the Simlipal reserve forest! The so called plantations done by the forest department has largely remained on paper only. Money is spent but trees are not seen in itself; complains of corruption in the department. Where has the money gone that has been spent in the name of plantations?
Government policies and institutions have failed to raise the economic condition of the tribals all these years. Panchayati Raj governance and Forest Rights Act are two legal provisions that empower tribals to shape their future and improve socio economic conditions. A beginning has been made but lot more needs to be done. There is an urgent need to spread awareness amongst tribals about their rights on forest produces including Kendu Leaves; Bamboo; Sal Seed and other forest produces so that they can demand justice and start using those rights for their speedy economic recovery.
Please send your comments and suggestions at janatavikasmanch@gmail.com. And, visit www.janatavikasmanch.blogspot.com for more information.
More than 10 lakh (1 Million) tribals and other forest dwellers are engaged in the Kendu Leaves (KL) collection in the state of Odisha. Kendu leaves trade in Odisha was done by few private contractors who made huge money in this lucrative trade. Those private contractors were so powerful that they successfully managed to interfere in state politics but also got the ministers of their choice. The interferences were tolerated in exchange of huge donations to political parties to buy favours. The instability of the Odisha governments during 1960s is largely attributed to the powerful Kendu Leaves lobby.
Immediately on coming of the late Indira Gandhi to the centre stage of National Politics; through the then chief minister late Nandini Satpathy nationalized the trade in the year 1973 to get rid of the private contractors. Big claims were made that KL contractors are exploiting poor tribals, as such to save them from being exploited, the trade will be conducted by the state Forest department which was assigned the duty to collect KL from the tribals and process the same and hand over to the Odisha State Forest Development Corporation for marketing.
With change in the players, Private traders' monopoly has been replaced by the Forest Department monopoly. Since 1973, a long period of thirty five years has passed. It can be safely assumed that the plight of the tribals must have changed within this period in the KL trade that generates annually about Rs 500 crore (INR 50 million) from average production of five lakh quintals. We were shocked to see that the plight of the tribals has on the contrary worsened. Poor tribals have become pauper. The very fact that almost half of the population of Odisha lives Below Poverty Line (BPL), which must be 80% or more amongst the KL pluckers. Besides acute poverty, lack of quality education, corruption in Public Distribution System (PDS) and lack of health care has resulted in malnutrition that has pushed them to their premature death.
Despite change in policy that promised them to bail out of exploitation, despite spending huge money on several developmental heads, if this is the reality, Questions are raised why? Whom to blame? What can be done? To find answers we need to look at reasons one by one.
The first reason is the dictatorial attitude of the forest officials who have replaced private traders. KL activities have been a milking cow particularly for field staff like for rangers and forest guards. Fictitious purchases; under counting of leaves and various tricks played in quality gradation of the processed leaves are some of the sources of eating away the money.
The other reason is the overall neglect of the tribals by the state in practicing anti-tribal policies for the comforts of Biri manufacturers, Industrial and Mining Corporations. It is shocking to know that while Iron Ore, Bauxite and other natural mineral wealth are allowed to be virtually looted at laughably low rate of royalty, for example Iron ore, it is only Rs. 4/- at the lowest and Rs. 27/- per MT (International market rate is about Rs. 10,000/-)
Bamboo is another example. Under management of OFDC, Bamboos were supplied at a highly subsidized rate to paper mills. When the paper mills can be supplied bamboo at only 49 Paise each piece, why tribals needs are ignored? Why tribals are harassed on false cases despite those tribals need Bamboos to weave baskets and make other products for livelihood. Even the artisans' needs are ignored.
Games played in Kendu Leaves
State share of earnings in shape of royalty and taxes is more than 40%, where as 10 lakh pluckers gets only about 25%. Forest department with a staff of 12,000 spends about 15% towards establishment cost, research and in the name of other over heads. What research they have done at the cost of spending crores of rupees is any body's guess.
The above facts makes it amply clear that the state policies are drafted to help those who can buy favours where as the poor tribals are denied their legitimate rights. State must accept the fact that its wrongly cultivated policies have failed to save tribals from being exploited or improve their economic and social conditions. The result of thirty five years of failed policy has pushed them to absolute poverty.
Newspapers have reported of selling children and wives at Bolangir district, where KL of best quality is collected that fetches highest rates in the country. Exporters compete with each other to buy those leaves at the highest rate in the country, those who collect the leaves are extremely poor.
The story is not limited to Bolangir only. We find in newspapers reports about protesting tribals from many areas of the state that even after months payments to the KL pluckers are not made. KL pluckers mortgage their cards to the money lenders, who collect the money on behalf of the pluckers. Delay causes further losses of high rate of interest charged by the money lenders.
It is painful to note that the Kendu Leaves Coordination Committee chaired by Chief Secretary, finds it difficult to even increase a paisa or two per bundle of 20 Kendu leaves by stating that any increase in purchase price will make the KL business less lucrative. Even when the decisions are taken with great difficulty, it is publicized as if great favours done on KL pluckers. This exposes the mentality of the state who exploit tribals as a tool to earn Rs 500 crore but even a token increase in KL purchase prices, their eyebrows are raised. From the air conditioned comforts they expect tribals to defy scorching summer sun with mercury touching 48 degree to collect KL.
From the above facts, we can conclude that monopoly of the state, dictatorial attitude of the forest officials at the field level, inept police to crack on illegally operating money lenders and lack of accountability at all level by the concerned officials is the root cause of misery to the tribals. The very purpose to save the tribals from being exploited at the hands of private contractors for which the trade was nationalized stands defeated.
The present policy practiced from last 35 years has failed. When there is a need to completely change the policy, tribals are lured by playing cheap vote bank politics by promising to give them shoes / chappals for free. Nationalization of Kendu Leaves is a glaring example to demonstrate how blindly a failed policy can be pursued so long for political games and satisfying Biri industries. Where the tribals should go?
After a long struggle to get justice by the tribals and civil society organization, it took 60 years to the Indian parliament to admit the 'historic injustice' done to the Scheduled Tribes and forest dwellers to get rid of the corrupt forest and revenue department officials. "The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006" finally recognized their rights, but the rules were framed much later i.e. w.e.f. January 1. 2008. The delay in implementation of the act is largely due to the strong opposition by a certain group of people who desperately tried their best to see that the tribals are not given their rights.
Forest rights act besides recognizing ownership of occupied land in the forests and provides rightful access to collect 'minor forest produce', including Kendu leaves, Bamboo, Honey besides other minor forest produces. FRA provides unrestricted collection of minor forest produces by tribals and other forest dwelling communities. It also allows one time processing and sales to whomsoever they wish. However, in absence of clear rules, some confusion remains on how to transport the material from the forest to the customer's destination.
Forest officials and traders who exploit tribals are under fear to get out of business if the tribals use their rights. Few retired Forest Department officials of Odisha have filed a Public Interest Litigation before the Hon'ble High Court of Odisha demanding to stay the implementation of the act by labeling tribals as "Encroachers" and feared that they will destroy the remaining forests. On the contrary, in many areas tribals themselves have come forward to protect forests. The fact remains that without forests tribals can not survive and without tribals forests can not be safe.
As per a report, Odisha has lost more than 25% of its forest cover during the period 1972 to 1999, which is much before the Forest Rights Act has come in to force. This further exposes the hollow charges of the officials who have not only failed in their duties to protect the forests. Is it a secret that timber and forest mafias have eaten away most of the forests including the Simlipal reserve forest! The so called plantations done by the forest department has largely remained on paper only. Money is spent but trees are not seen in itself; complains of corruption in the department. Where has the money gone that has been spent in the name of plantations?
Government policies and institutions have failed to raise the economic condition of the tribals all these years. Panchayati Raj governance and Forest Rights Act are two legal provisions that empower tribals to shape their future and improve socio economic conditions. A beginning has been made but lot more needs to be done. There is an urgent need to spread awareness amongst tribals about their rights on forest produces including Kendu Leaves; Bamboo; Sal Seed and other forest produces so that they can demand justice and start using those rights for their speedy economic recovery.
Please send your comments and suggestions at janatavikasmanch@gmail.com. And, visit www.janatavikasmanch.blogspot.com for more information.
Seafood-cum-beach tourism can help in employment generation in Odisha
By Umashankar Das
The global meltdown has impacted the Odisha's industry and finances. All the mega projects are facing challenges on several fronts due to the liquidity strain in the global market.
This global meltdown is expected to continue for another one or two years. In this kind of situation, Odisha needs to explore newer opportunities of employment generation and development. The state has a wealth of tourism resources. Some of the most important features would be tourist monuments, pristine beaches, diverse flora and fauna, and unique tribal culture.
Odisha government does try to promote tourism in it's own efforts. But, it has taken a beating due to the lack of diversified brand image. Today, Odisha is popular for it's religious tourism in Puri and getting the Konark Sun temple as a package..
The state government should focus on the potential of aqua-based products as a major driver to create a brand image. Just to cite an example, the following can be a show-case towards this direction.
a) A resort at a pristine beach.
b) Specialisation in sea-food related cuisine
c) A by-product would be focus on Odia cusine.
The plan needs following things:
1) Provide a small piece of land (less than say 2 acres or approx. 80,000 sq. ft).
2)Government provides a loan to a private entrepreneur (Local).
3) In return, the government has a stake in the project.
4) Creation of an expert team which can guide the local entreprenuer in setting up and managing the project.
5) A tie-up with a management institute for guidance
This would develop local entreprenuership as opposed to looking only for big investors in terms of mega projects like Posco or Vedanta. Local entreprenuership will always create more jobs. Also, big investments take a long time to fructify.
The Idea behind a beach-cum-seafood resort is that, it provides a chance to create a brand image which can be used to develop the brand image of Odisha. The marketing potential for such an enterprise is huge and cheap. Internet could be a medium. There will be no need to spend money to buy media space in expensive TV channels. Today, the travel industry is looking for new and innovative ideas. Also, most of the travel Industry depends on Internet for it's marketing and revenues.
A chain of such resorts along the coastline will act as a feather in Odisha's cap. And, has the potential to generate employment as well as build Odisha's brand image in the global world.
The author is an IT professional and actively participates in the development debate on Odisha.
Make police force accountable to the people of Odisha
By Pravin Patel
India has celebrated 60th Republic Day on January 26, 2009. The people are getting aware of their constitutional rights as the democratic process is getting mature day by day. However, the life has not changed much for the majority of the tribals across the country.
Instead, it has become difficult for the tribals to maintain their livelihood as their land is being snatched by the establishment due to the rapid industrialization. The story is not different with the tribals of Odisha too as they are loosing their land due to the industrialization.
Odisha has huge natural wealth but its people are poor and most of these poor are tribals in whose habitats that wealth is stored. It is this wealth that has become curse on them above and over their economic and social exploitation. In the process of rapid industrialization, tribals are also facing threat of being forcibly displaced, resulting in law and order problem in their areas. Tribals feel neglected and cheated as the administration appears to work in favour of powerful industrial and mining corporations.
Under this circumstances, Police has an important role to play to ensure that the faith of the poor tribals on our constitution remains in tact, but the behavior of the Odisha police is not satisfactory and mostly negative while dealing with the tribals.
As if the communal riots in shape of Kandhmal are not enough, expanding presence of naxalites to newer areas and increasing threat of terror attacks from across the border has expanded their role. It is not only the constitutional duty of the state to maintain law and order but also to ensure that lives and properties of the people are protected. As such, it is expected that the state government makes enough arrangement to keep efficient police force that works at its best to live up to the expectations of the people of the state without coming under any pressure with full honesty and sincerity. Registering complains of rich or poor alike, without any discrimination and conduct timely investigation to ensure delivery of justice.
However the ground reality is otherwise. Except some exceptions, Odisha police is not only arrogant but also have different yard sticks to measure crimes depending on the person with whom they deal with. Rich and politically powerful persons manage to go scot free despite committing serious crimes, poor innocent persons are made to suffer for no fault and end up in running from pillar to post, spending their precious little hard earned money in legal matters.
Odisha Police has lived far below the expectations of the people. The general opinion of the people on police will be that as a corrupt, inefficient and biased. This is the truth; why people try to keep away from police, raise their eyebrows even at the visit of police in the neighborhood. Transparency International, a worldwide organization that fights corruption has ranked Indian Police Department as the most corrupt department of the country. The situation in Odisha is not different.
Beginning with traffic related offences to the local gangs of criminals, dons, kidnapers, thieves, pocket picketers and also economic offenders and white collared criminals no body can survive without the help of the police force. The very fact that such gangs are operating freely without any fear of being caught and punished have made Odisha their favorite hunting ground. Mafias operating in Mining, Timber and other forest products; Killer doctors conspiring with Medical labs owners who have mercilessly killed thousands of female babies in the womb of their mother; Fake medicine racketeers operating freely in nexus with officials of the drug department pushing them to death; Illicit liquor manufacturers operating with chain of retailers causing repeated poisonous hooch tragedies that takes premature lives are enough to expose the reality that exists. Besides there are gangs of Gamblers, Cheaters, Thieves, Extortionists and other petty criminals almost all over the state. Naxalites expanding wings to newer areas is another proof of the poor state of policing in Orissa.
Lack of vigilance has resulted in thousands of Bangladeshi making Odisha their permanent home illegally. Two Bangladeshi fish trawlers acting heavier on local fishermen on the Odisha coast is a very recent experience that increases the job of the state police with the experience of Mumbai terror attacks from the sea route. When facts are known to the men on the street, how can it escape the notice of the state police? But the irony is that when such illegal immigrants should be behind the bars, they have managed to enter in to the voters list of the country. But there is no political will to crack down on those staying illegally.
With the increased industrial and mining activities, police have additional task to deal with the situation of unrest of the farmers and others who use their democratic rights to protest against the injustices caused to them, be it in the matter of displacement, increasing pollution or even try to protect their constitutional rights. When the need is to bring in drastic changes in the faulty mining policy, Relief and Resettlement policy to make pro people and ensure that pollution norms are strictly complied with. However, authorities ignore the same in the name of pursuing rapid industrialization, but police has either cracked on people who protest at the illegalities or remained a silent spectator. There are enough examples to exhibit anti people face of the Odisha Police.
Registering complain as First Information Report (FIR) is mandatory on the part of the police. Take Sundergarh district to exposes the truth. Despite hundreds of cases in which tribals have fallen victims to the atrocities committed by rich and politically powerful non tribals, most of their complains are not registered whereas on the contrary false complains are registered against the poor tribals who are pushed to jails on false charges. All this happens despite tribals have legal protection available to them in shape of SC/ST (Prevention of Atrocities) Act on their side.
Recently, the tantrum shown by the owner, a non-tribal, of a metal firm has become the matter of discussion in Sundargarh district. They have established a 100 TPD sponge iron plant at Khairban village, Latikata Block of Sundergarh District. By filing false information, they not only managed the mandatory environmental clearances but also managed to crush the democratic rights of the villagers with the help of Brahamni Tarang Police. Govt. primary school located within 500 meters is shown as located beyond 1.5 KM from the plant.
Christina and few other tribal women who protested plying of heavily loaded truck on the narrow village road is pushed by the car driven by the owner of the metal company himself. As if this is not enough, he gets out of the car and pulls the lady by hair and clothes to push her out of the road, tearing her blouse in the process. Christina's complain is not registered but on the contrary she is picked up in the middle of night by the police.
On May day, drunken supervisor of drives the truck in to the house of Mahesh Mahali who was to marry few days and damages the house that is located at the entrance of the same narrow road, house is damaged, villagers protests. Nor the truck is seized nor the unlicensed driver is arrested but innocent villagers are rounded up.
Seventy year old Sukra Mahali denies to sale away his farm land but the land is forcibly grabbed. All his efforts to register even the FIR have failed. D.O. Letter of Minister of State for Home, Government of India, written to the Hon'ble Chief Minster also failed. Instead police calls Sukra Mahali to the police station forcing him to sale away his land to the plant owners.
Patras Ekka is severely assaulted for his only fault that he denied to pay Rs.2/- to the illegally run cycle stand owner but 17 tribal youth who sat in the Kinjirkela PS demanding registering the complain are seriously assaulted with iron rods, stones, sticks and what not within the police station premises by the cycle stand owner and his musclemen in presence of police. Ajit Kujur who received 70 stitches on his head is labeled as absconder. Where as illicit liquor vendors, dacoits etc are termed as saviors of police. The result is a false case against the victims that they attacked the police station. The height of the wrong is practiced by SP, Sundergarh who in the official communiqué to the National Commission of Schedule Tribe, stated that Tirkey, Kerketta, Ekka, Toppo, Kujur are all people belonging to Schedule Caste.
In another case, the Tribals at village Budakata under Kutra PS have fallen victims of a sponge iron company at Balanda also under Brahmani Tarang PS, under the influence of another Sponge Iron Factory, 111 tribals were booked under different cases. Lanjiberna, Lamlai, Kansbahal, Bilaigarh, Kuarmunda, Birmitrapur, Rajgangpur story is same every where. The most recent is the matter of Tutu Kishan who was called at Rajgaganpur PS and forced to sign three blank papers believed to get his forcible consent to give consent to sale his land to a Orissa based Cement company. Hundreds of false cases are filed on the victims so as to save the skin of real culprits who are the wealthy plant owners who have money and reach to buy favours.
Twelve Kilometer long overhead conveyor belt to transport lime stone over few villages is being constructed on land acquired from tribals without obtaining positive resolve at the mandatory village council meeting under Panchayat Extension of Schedule Area Act, 1996.(PESA) Villagers protests is crushed with heavy hand. Sushil Lakra has been killed in a recent incident by the security staff of the Cement company at Lanjiberna. Within the closed door under lock and key so called village council meeting is held at Kutunia grossly in violation to PESA, police remains a silent spectator to the misdeeds. 12 year old tribal boy is tortured third degree including pouring petrol to his anus by Ragunathpalli PS, forcing him to confess a crime he never committed or the custodial few months before at Brahmani tarang PS; Assault by a petty BJD leader on tribals at Vedvyas few days back, dumping of solid waste on the farm lands and unbearable pollution by a series of sponge iron plants are some of the matters that are mentioned here. The list is long. If this is the story of one district only, it is any body's imagination what could be the story of the entire state.
The dual face of the police stands well exposed at Kalinga Nagar where nine contingents of armed police swung in to actions; unleashed brutalities killing 13 tribals and injuring many in January, 2006 but no case is registered against Tata Steel on whose soil light intensity land mines injured few tribals.
The need is for complete transformation of the police department to make it efficient and accountable force; restrict duty hours from 24 x 7 to 8 to 10 hours on 6 days a week; create an environment that enables them to discharge their duties honestly and with full sincerity without coming under any political interference and also substantial increase in the budgetary support.
The author is director, Tribal Welfare Society. He is reachable at tribalwelfare@gmail.com
Subscribe to:
Posts (Atom)