From adivasi homelands to Mumbai

There is no political will to undo the “historical injustice” perpetrated on the adivasis and other forest dwellers. Their legitimate rights to land and the forests are not being recognized under the Forest Rights Act.  Of the 2.88 lakh claims that have reached the Sub-Divisional Level Committees, 1.70 lakh claims (59%) have been rejected.  Only 1.09 lakh (32%) of the total number of claims that have been filed have received final approval. Further, the average area of approved claims ( 0.63 hectares )  is not even 50% of an economic holding. 

In tribal dominated. Akkallkuva taluka of Nandurbar district, only 640 cases out of a total of over 18,000 have approved, while in Nandurbar taluka not even a single claim of an adivasi has been approved. In Thane and Jalgaon districts, many of the “approved” cases are in reality, “partially rejected” cases, since while a tribal may be in possession of 3 acres of land only about half an acre has been approved.  He thus faces eviction from the remaining 2.5 acres.  In Raigad district, even claims on Dali lands which had been granted to cultivators way back in the 19^th century have been rejected. Only 4,000 out of  18,000 claims ( 23 %) have been approved. The average size is only 0.18 hectares. In Vidarbha as in other parts of the state, the claims of non-tribals who are sons-of-the-soil are not even being considered. Claims including those of tribals residing in Municipal areas have suffered the same fate.  Most importantly, a miniscule number of community claims over the forest have been approved.  In fact, the government has deliberately failed to disseminate information and encourage villagers to file community claims over forest resources.

            Despite the pathetic state of implementation, the government claims that the Act is being satisfactorily implemented and that implementation is nearing completion.  Nothing is further from the truth.  Thousands of claims and appeals are pending.

            The issue is straightforward.  The government of Maharshtra has failed to implement the law.  The Tribal Department and Revenue Department have fallen prey to the dictates of the Forest Department, which has systematically tried to derail the Act.  The Forest department, the largest landlord in the country, holding 23% of land in the country, has refused to loosen its colonial hold over the forests.  The government has totally failed to democratize the governance of forests,   which is the basic thrust of the Forest Rights Act.  The decisions of the Gram Sabha, a constitutional body, have been illegally over-ruled by the higher authorities. The stage is being set up for the takeover of common property resources through REDD and other agreements by foreign and private capital. 

            Is the Maharashtra government serious about protection of adivasis and other weaker sections ?  Is it going to ensure that the Forest Rights Act is implemented both in letter and spirit ?  Will it ensure that the legitimate rights of the adivasis and other forest dwellers will be recognized ?

To receive answers to these questions, thousands of adivasis from different parts of the state, will be marching from their villages to Mumbai.  About 6,000 adivasis from Jalgaon and Nandurbar districts will begin their March from the 1^st of March.  In Thane district about 3,000 adivasis will begin marching from Charoti Naka along the National Highway No. 8 on 10^th March.  Similarly adivasis from Raigad district will be marching to Mumbai from the 13^th onwards.  All Yatras will reach Mumbai by 15^th March where they will proceed to Vidhan Bhavan.  Their basic demands are :

• Stop illegal interference of Forest department in implementation of the Act.
• Review all rejected cases.
• Undertake a Campaign for recognition of Community claims. 
• Follow the rules of evidence as specified in the Act and Rules. Do not depend solely on documentary evidence of forest department and satellite imagery.
• Approve entire area under occupation of claimant while finalizing claim. 
• No evictions from Sanctuary Areas without due process.
• Implement the Forest Act in all Municipal areas.
• Ensure rights of bhoomiputra non-tribals are recognized.
• Distribute 7/12 extracts to all approved claimants.
• As per directions of High Court, regularise all encroachments on gairan and govt wastelands prior to 14.4.1990.

Convenor:  Prof ND Patil