Conservation and Tribal Rights
Conservation and Tribal Rights
Conservation and Tribal Rights
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The recent circulation of a draft Forest Act has once again brought into question the future of India's forest.s.
The draft Act proposes to take a strongly conservationist stand against environmental degradation by severely restricting
people's rights to the forest. How environmentally successful and socially just will such a policy be?
This essay examines the experience of adivasis in Jhabua, Madhya Pradesh, whose livelihood derives fromn their
use of the forest, and who are held responsible by the state for destroying the forest. The state's persistent efforts
to deny adivasi rights to the Jorest has resulted in an ongoing conflict that today constitutes the biggest obstacle
forest conservation.
The author analyses the relationships between adivasis, the state and the forest to argue that the future of India's
forests is inseparable from the future of lndia's adivasis. Forest conservation is possible only if people's rights are
recognised and established within a larger prdgrammrle of tribal development.
I worshipped this land and raisecd theircchildren spread over two generations due to death,
Introduction on its bounty. But such is the power of the inheritance and partitioning, had happened
state over people's minds that they crave the without making their way onto the pages of
Sondiva (District Jhlabua) Mca) 28, 1994:
legitimacy accorded bythe government. One the booklet. Sinice getting the booklet updated
scrap of paper, in the usually illegible scrawl entails several trips to the teh.sil office as
MORE than a thousand Bhil ancd Bhilala of the tehlsildar, seems to be more real and well as bribes for the patvari, people usually
adivasis crowded the block headquarters in true than the land and the soil itself. The give up after a while, and make do with
this small towin to submit claims for the state's sanction seems more authentic than obsolete records.
regularisation of their encroaclhments on adivasis' bonds with their earthl. This irony If records of legal holdings bear little
forest land, locally known as 'nevad . May is not inci(lental; it is thecumulative product relation to actual lanidownership, records of
31 is the lastdate for submittinig claims. Theof years of state interveintion in the adivasi 'nevad' encroachments are much worse. The
turnout, several times larger than that for any
relationship with the forest. only official proofs of 'nevad' are thereceipts
election, took the administration completely Therush tosubmitclaims isaconsequence that adivasis are supposed to get after paying
by surprise. The sub-tehsil office ran out ofof a Madhya Pradesh gover-nment move to fines for the offence of cultivating forest
r-eceipt books and had to extend its working implement a central government directive to land. Most people, however, were never
to the next day, a Sunday. regularise 'nevad' (encroachments on forest given receipts because the fines that they
The prospect of regularisation has driven land) which proiniues to give adivasis title paid went directly into the pockets of the
adivasis in droves to the tehsil headquarters to land that they have cultivated for decades. forest guards, nakedars and deputy rangers.
at Alira pur where almost everyone capable However, very few adivasis may actually When receipts were given in. exceptional
of filling up a form is being besieged with meet the stringent conditions laid down in cases, very often they were small bits of
requests to oblige. The owner of the local the ministry of environmentand forests order. paper that were 'easily lost or destroyed.
photocopying shop has made a killing with In order to qualify, adivasis must prove that The absence or the poor quality of official
his packagedealof xeroxing the forms (which their 'nevad' encroachment happened before records makes it very hard to precisely
are in short supply) and filling them up for October 1980. that the'nevad' field does not estimate the extent of 'nevad'. There are no
his customers. Forthe almostwhollyilliterate^ have a gradient exceeding 30?, and that their detailed published statistics on the subject.
adivasis. such a service is worth even a legal landholdings do not exceed 2 hectares even though the partial data that does exist
hundred rupees. The biggest bucks, however, (ha). The fortunate few who satisfactorily indicates that 'nevad' forms a significant
have been made by the village patvaris who meet these conditions will be entitled to part of total forest land. An authoritative
keep revenue records and the forest nakedars.patta (title) for 'nevad' such that their total source estimated that out of Madhya
Their privileged access to government landholdings reach the 2 ha ceiling. Very Pradesh's total 15.5 million ha of forest
records has made them highly sought after few of the adivasis who flocked to Sondwa land, 1.6 million ha (more than 10 per cent)
as fillers-up of 'nevad' forms. The fast- or Alirajpur will ultimately get the patta that was 'lost to encroachmeit' between 1956
approaching deadline for submitting forms they desire so desperately. and 1989 [Buch 1991: 12]. ln Jhabua district,
hias brought money pouring into their hands. The mass submission of claims also prolonged agitation by the adivasis of
One patvari demanded a sum of Rs 8,000 highlighted the utterly shocking state Sondwa
of land block, led by Khedut Mazdoor
from the people of one village for merely records in Alirajpur. The peasant's basic ChetnaSangath (KMCS), a local trade union,
forwarding their claimns to the tehsil office; document of proof of landownership is a forced the forest department to conduct a
and, butfor the intervention of alocal adivasi small booklet that lists the names of the survey of 'nevad' in the forests of Mathvad
trade union which opposed such extortionist owners, and the size and location of their in 1988. The survey recorded that almost
demands, the patvari would have got it too. plots of land. Many adivasis who came to every cultivator in the area had supplemented
The adivasis do not know that they are Sondwa carried booklets that had belonged his legal holdings with several small plots
entitled to free forms. There is -supposed to their grandfathers, that had since acquired of 'nevad'. In one village alone, 14 cases
be no fee at any stage of the process of the patina and dog-eared look of venerable of encroachment amounting to 192 ha of
submission of claims. old age. While their antiqnity rendered themforest land were recorded. Most of these
The adivasis who came to Sondwa have mildly interesting as historical objects, they fields have been cultivated since 1970 and
de facto control over the land that they were useless in performing their primary even earlier.
cultivate. For decades they have laboured function, viz, recording present-day The prevalence of 'nevad', and its
and tended their 'nevad' fields; they have landownership. Numerous land transfers centrality in the lives of thousands ofadivasis,
it as his own. Now it is the forest department but they are valued eveii more for the 'huru' Baviskar. A (forthcoming): In tlie Belly of thle
(liquor) that is distilled fronm thlem, a clear, River: Adivasi Battles over Nature in the
which is coming to be regarded as the
delicately potent brew. No rituall occasion can NaarmZ1ada Valley, Oxford University Press.
interloper, not the adivasi.
go unmarked by the ceremiionial partaking of New Delhi.
The Atthaexample demonstrates people's 'huru'. The fruit of the 'muhda' yields an oil Buch, M N (1991): The Forests of Madhlya
preference for an approach where they have that tastes rather like ghee. Pradesh, Madhya Pradesh Madhyam, Bhopal.
control over the conservation programme 2 The sole exception to tuius has been a short- Chambers, R, N C Saxena and T Shah (1989): To
and where their rights are secured. However, lived schemecalledtheHitgrahi Yojanawhich the Hands of the Poor: Water and Trees,
a small financial base prevents them from we will discuss later. IntermediateTechnologyPublications, London.
expanding the scale of activity, and from 3 For a fuller account of this incident, see Gadgil, M and R Guha (1992): This Fjssured
undertaking works that require more bought Baviskar (1994). Land: Ati Ecological History ofltndia, Oxford
4 Recently, such a confrontation occurred in University Press, Delhi.
materials (for water harvesting, for instance).
Chikhli village, Dhar district, adjoining GOI (Govemment of India) (1978): Provisiots
People would like to travel to other places
Jhabua. Theforest departmenttried toforcibly in thte Constitution of India for Scheduled
to learn from the experience of NGOs such Ttibes, Ministry of HomeAffairs, NewDelhi.
plant trees on Chikhli's traditional grazing
as the Aga Khani Rural Support Project or land, classified as 'culturable waste' by the -(1981): Census of India 1981 ,Series 11-
Sadguru Waterand Development Foundation revenue department. Representations to the Madhya Pradesh, Pan XIII-A, Village and
in Gujarat. But while the SDM can bring tehsildar asking thatt the land not be turned Town Directory, Jhabua district, District
R.; 2 crore to build roads, the adivasis of over to the forest department were ignored. Census Handbook.
Aliraipur have to protect the forest and the On May 17, 1994, on hearing ihat forest Guha, R (1994): 'Forestry Debateand DraftForest
land on their own. An organisation such as depaftment officials had arrived withlabourers Act: Who Wins, Who Loses?', Economic and
to start planitationi work, people rushed to the Political Weekly, August 20.
the Sangatlh can cr-eate a small island( in Attha
spot. The range officer fired in the air to Guha, R and M Gadgil (1989): 'State Forestry and
to show what is possible. But for all the
-disperse them, then iincited the labourers to SocialConflictinBritishlndia',Pa.stan-dPre.senit:
adivasi.s in the Sangath, and for all the adliva.s is
throw stones at the villagers. Police A Journal of Historical Studies, No 123.
in India, such a transformation of the forest intervenition broke up this fight but, later,
Jodlha, NS (1994): 'Conmmon Property Resources
and of their own lives is possible only when villagers were arrested on charges of rioting and the Rural Poor' in R Guha (ed), Social
political control is combined with control anid intimidation [Shraddha 1994]. Ecology, Oxford University Press, New Delhi.
over the resources now commanded by the 5 From the nativesuperinitendent of Ali RajporeKG (Khandesh Gazetteer) (1880): Gazettee, of
state.'0 to Col Blair, Officiating Bheel Agent, August the Bombay Presidency, Vol XII, Govern-
If the ministry of environment and forests 27, 1870, Bhopawar Political Agency. S No ment Cenitral Press, Bombay.
16, 1/152/1870. NAI. Luard, C E (1908): Central ulina GazelteerSeries:
(MoEFF) takes its mandate of environmental
6 Ibid. Western States (Malwa), Vol V-Part A Text,
conservationi at all seriously, it will have to
7 ReportfromtheAmeenAlirajpur. 1894. Yaad British Inidia Press, Bombay.
.shed its unwillingness to facilitate people in
.vadar aatm riyasat Alirajpur. Babad /laal Nath, Y V S (1960): Bhtils oJ Ratanimal: Atn
doinig things their own way, with their datrakiat jantgal Alirajpur. NAI. Analysis ofJlhe Social Structure oJ a Western
priorities foremost. Besides .surrendering 8 For an excellent account of the way in which Indian Community, The M S University of
power over the forest into the hani(ds of those, forest managemenit ias chaniged since Baroda, Baroda.
who have a muclh greater right to it, the independenice and yet remalined the same,NCAER see (National Council of Applied Economic
ministry must ensure that development Gaidgil anid Guha [1992: 185-214]. Research) (1'963): Socio-Econo,nic Cotndi-
resources are invested into this process. This 9 In coloniial times, whileadivasisc weregeneraly tiolLs' of Primitive Tribes in Madhtya Pradesh,
excluded fromii the forest. some practices, of NCAER, New Delhi.
requires legislative initiatives as well as
the tonuer princely rulers exemplified an Pangare, G and V Pangare (1992): Fromn Po -erty
administrative enterprise. The fate of the
understanding of the 'stakeholder approach' to Plentv: T7he Stoty of Ralegan Siddhi,
forest and the fate of adivasis are linked. As
to conservation. Raja Pramap Singh (1891- INTACH (Indian National Trust for Art and
long as adivasis continiue to be exploited and 1920) planted mango trees along all major Cultural Heritage), New Delhi.
impoverished. so will the forest. The cause roads in Alirajpur. entrusting their care to Pathak, S (1994): 'Mathwar Area Development
of conservation is iniseparable from the cause neiglhbourinig villages who were then entitled Project' (niimeo).
of making adivasis' lives more secure, to half the iianigo crop in exchange for their Shraddha (1994): Gavleen Gatha: Adivasi
sustainable and prosperous. For environ- labours. Today the produce of these trees is Astitva ki Ladai ('Battle for Tribal
mental conservation. popular struggles have auctioned to the highest bidder and villagers Existence'), Press release issued by
have no interest in caring for the trees. Sarvodaya Press Service, Indore.
to be met half-way by an enlightened state.
I 0 We now have several examples of successful Singh, A M and N Burra (eds), Womnen and
The ministry has previously shown its
decentralised sustainiable development. The Wastelanid Development in India, Sage
appreciation of these perspectives by
achievemenits of the Chipko movement are Publications, New Delhi.
encouraging fledgling efforts towards famous. More recenitly, thevillages of Ralegan UNDP (United Nations Development Programme)
participatoiy for est management. It must not Siddiu in Maharashtra [Pangare and Pangare (1992): Human Development Report 1992,
now fritter away its gains througlh a 1992] anid Suklhomiiajri in Haryana [see Oxford University Press, New York.
retrogressive act. Chambers et adl 1989:155, for sources] have Viegas, P and G Menon (1993): 'Bringing
becomne well knowni. For other case studies, Government and People Together: Forest
Notes see Chambers et al (1989), Singh and Burra Protection Coimmittees of West Bengal-
(1993), as well as, periodic reports in Down Role and Participation of Women' in A M
[Suggestions from Amiiit Bhatnagar, Walter to Eart/i, an environmental niewsmagazine. Singh and N Burra (eds), Women and
Fernandes. Ramachandra Guha and Rahul N Wasteland Development in Itndia, Sage
Raii greatly improved this essay. The author References Publications, New Delhi.
is responsible torthe shortconiings that reiiiain.I Vohra, B B (1980):A PolicyforLatd and Water,
Aurora, G S (1972): Tribe-Caste-Class Encoun- Sardar Patel Memorial Lectures, Department
I Madhtuca itndica, or 'mahua' (in Hindi) hlolds tei:s: Somne Aspects of Folk- Urbant Relations of Environment, Government of India.
a pre-eiilllenit place in Bhilala culture, just in Alirajpur Tehlsil, Administrative Staff Unpublished Sources
as it does for adivasis all over central India. College, Hlyderabad. NAI (National Archives of India), Foreign
In the months of March and April. the white- Banerjee, R (1993): TIme Greenling, of Jhlabua: A Department.
green fleshy flowers of the 'muhda' fall to Cr)itique of Joinlt Fore.stry ManlagemsenttNAI (National Archives of India). Bhopawar
the ground aind are collected an(d dried. They .Schemtes inl Jhabua Di.strict (Report prepared Political Agency.