Key Stone Foundation

Key Stone Foundation
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Wednesday, April 30, 2008

Forest-based Communities in Changing Landscapes













































Forest-based Communities in Changing Landscapes
A comparative study across four states of India











SDC-Intercooperation KIT Study 2005-2007






AKNOWLEDGEMENTS

Seva Mandir gratefully acknowledges the cooperation and support of all the KIT Network organisations, as well as the staff of each who facilitated the fieldwork visits for this study. Without their organisation and assistance this study would not have been possible. Although it is not possible to acknowledge everyone, we would particularly like to thank Ms Snehlata Nath of the Keystone Foundation, Mr J Raju and Mr Shankar of CCD and Father Joe Chenakala and Mr Gopi Krishna of Jana Jagaran for providing information, arranging field visits and making us most welcome.

On the Seva Mandir end, I would like to thank the authors, Connie Smith, Shailendra Tiwari and Vivek Vyas for their research and hard work in undertaking such a wide-ranging study. In addition, thanks go to Shri Bhise sb for his guidance, advice and support, which kept this study on track.

Most importantly, grateful thanks go to all the beneficiaries who interacted with us. Their cooperation as well as their observations and understandings are the basis of this study.

Finally, this project would never have existed without the generation support of IDC Switzerland and Intercooperation in funding the KIT Network and providing the means for us to initiate the research and publication of this brochure.


Neelima Khetan
CEO
Seva Mandir




Why this study?


Traditionally, indigenous communities in India have been dependent on forest and common lands to fulfil their livelihood and cultural demands. However, land use, access and governance have altered dramatically over the last century, often resulting in conflict, degradation, and privatisation of such areas.

Yet beyond this generalisation, processes such as colonial rule, population pressure, land tenure patterns and changing access have had different meanings in different regions and cultures of India. In this way, current common land issues faced by each region and community are the consequence of a unique history, demanding that development initiatives must necessarily be context-specific.

This study is an attempt to understand the specificity of common land-based issues across four Indian states. The four participating NGOs have a shared goal of working towards sustainable rural livelihoods and income security in their reference communities, but work in very different environments.


The overall objectives -


§ To understand issues regarding access and usage of common land especially forests in four diverse Indian contexts


§ To explore the different initiatives adopted by stakeholders and NGOs in such environments

These diverse contexts have shaped the organisations’ distinct approaches and strategies to development work. This study has been an opportunity for each NGO to step outside of its field of reference to share understanding on the different concerns related to commons and forests as well as the diverse approaches required to address these issues.




The KIT Network

The Kit Network consists of four NGOs:

Seva Mandir (Udaipur, Rajasthan) ­­­­­­­­­­­­­­­

Keystone Foundation (Kotagiri, Tamil Nadu)

Centre for Community Development (Parlekhemundi, Orissa)

Jana Jagaran (Belgaum, Karnataka)

The SDC-Intercooperation KIT Network has been operational since 2005. During the partner workshop held in November 2005, a session was held for indigenous people where interventions affecting the livelihood of tribal people were discussed.

With regard to livelihoods, land-based issues were considered to be the most importance focus. It was proposed that a knowledge-share network be established to exchange experiences on land, livelihoods and institutions. Seva Mandir Udaipur coordinated the study on land, and this report forms a part of the final output.












THE PHYSICAL CONTEXTS


Nilgiri Biosphere Reserve, Kotagiri District, Tamil Nadu

The Nilgiri Hills are famous both for their distinctive tribal communities and for their unique ecological environment. The district currently encompasses 142,577ha of forest, which constitutes 57% of the district area. Of this, 137,192ha, or 92%, are designated as Reserved Forest areas to which access is tightly controlled. The indigenous people of the hills include the pastoral Toda, the Kota artisans, and a number of hunter-gatherers and shifting cultivators, such as the Irulas and Kurumbas.

Historically, the hill tribes inhabited the forests in a synergistic and sustainable fashion, making use of forest products, growing subsistence crops and migrating across the grasslands with their herds. However, population increase, changing land use, tea plantations and tourism have dramatically altered livelihood opportunities in the hills and combined with restricted access to forest areas has led to widespread deforestation and degradation of the environment.

In this context, the Nilgiri Hills present a combined humanitarian and ecological dilemma: how to protect and rejuvenate the unique biodiversity of the hills whilst ensuring sustainable livelihood opportunities for the tribal groups who traditionally relied on the forests for survival. Currently, this is not being achieved – in many cases tribal communities have been seriously alienated by conservation measures, notably where forest areas have been completely closed, preventing their forest-based livelihoods.[1]

Primitive Tribal Groups, Gajapati District, Orissa

Orissa is the second poorest state in India with one fifth of the population classed as Scheduled Tribes and thirteen tribes have been classed as Primitive Tribal Groups.[2] Such communities are traditionally reliant on livelihoods derived from forest products, but traditional tenure systems have been dramatically modified by increasing pressure on land, reservation of forests, imposition of settled tenures, and interaction with markets. In the south of the state, 87% of the scheduled tribe population now live below the poverty line, compared to a state average of 50% for the population overall.[3]

Forests in Orissa are classed under three categories, with different levels of access accorded to each. Reserve Forest accounts for 50% of the forested area, Protected Forest for just over 25%, and Other Forest (including village forests) makes up one quarter. Rights and privileges of local communities vary by the type of forest - restricted in reserved forests and more liberal in protected forests. Village forests are generally treated as open access lands with no investment from government, and are generally extremely degraded except where community protection has started.[4]

Gajapati district is situated in southern Orissa, a district characterised by a low literacy rate and very low standards of living for many of the people. The region is notable for its high population of primitive tribal groups inhabiting an area of undulating terrain, where traditionally they practised shifting cultivation in addition to hunter-gathering practices. Approximately 93% of the rural households in this district have legal title on only 9% of the district’s land area. One of the major development issues facing the rural poor of the district relates to unsettled landholdings, which has left many tribal communities classed as encroachers on lands that historically they inhabited.
[1] Tiwari (2006)
[2] Kumar (1998)
[3] World Bank (1998)
[4] Saxena, (1996), Singh (1995)











Pastoralists, Belgaum District, Karnataka

Unusually, in Belgaum there is very little common land remaining. Commons currently make up only 19.4% of the district area. 14% is forestland, which is concentrated in the southwestern region in the Sahyadri Hills. Belgaum is home to the Kuruba pastoralist community, 80% of which are landless shepherds or labourers, whilst around 20% own land and keep large ruminants.[1] Pastoralists form an important sub-section of the animal husbandry sector in the district, predominantly herding sheep and goats. In this area they tend to migrate for short periods of a few months, combining nomadic animal husbandry with small-scale crop cultivation in their ‘base’ villages.

The high rainfall and evergreen tree cover make the Sahyadri forestlands unsuitable for the pastoralists’ small ruminant herds, yet the few remaining common grazing lands in the district (which are in any case highly degraded and poorly managed) are generally reserved for the grazing of cattle and buffalo. Fodder is instead sourced through crop residues - traditionally, pastoralism and crop cultivation have been integrated and synergistic; land owners appreciated the manure provided by herds grazing on their harvested fields and compensated pastoralists in cash or in kind.

However, modern agricultural processes have affected the sustainability of this relationship, undermining livelihood security amongst the Kuruba shepherds. The major features of this context then, are the lack of grazing opportunities and how the shepherd communities can sustain themselves in such an environment.




Tribal Areas, Udaipur District, Rajasthan

The Aravalli Hills are the dominant geographical feature of Udaipur District, and are one of the oldest mountain ranges in the world. Common land makes up 73% of the district, with forestland at 42%. Tribals account for 48% of the population, and 74% within the programme area of Seva Mandir. The predominant tribes are the Bhils and Minas who are now mostly marginal peasants and landless peoples inhabiting the Aravallis.

Small and marginal farmers dominate the agricultural landholdings. Around 50% of the holdings are marginal (less than one hectare) while 25% of the holdings are between one and two hectares. Agriculture is primarily rain fed and less than a quarter of the agricultural land is irrigated. For these communities, the forests and commons make significant contributions to their livelihood; NTFP (Non-Timber Forest Produce) and fodder are collected from the forests whilst other Common Property Resources such as the pasturelands are essential for livestock grazing. Not only do these resources have a direct impact on income security, but indirectly the health of these commons is of great significance in determining the productivity of agriculture and animal husbandry overall, due to the commons’ role in ensuring soil and water security.

Yet in many areas, despite the significance of common land to village livelihoods, people do not ensure the sustainability of the resources, and commons are often degraded and rife with encroachments. The issue of tenure rights on the commons is often a major factor in the strength of the institutions that determine the use of commons in general and forests in particular. One of the major hurdles faced in trying to secure the long-term viability of commons in the area has been encroachment. It has been realized while working with village institutions that if the forests have any trace of private ownership (in the form of encroachment) the stakes/interests of the other villagers tend to get diluted. This can then become an outlet for old animosities to surface leading to a possible breakdown of village institutions and cohesion.







HISTORICAL LANDSCAPES: CHANGING TENURE AND GOVERNANCE

Tribal livelihoods constrained by commercial plantations and conservation in the Nilgiri Hills

Before the arrival of the British in the early 19th century, the Nilgiri Plateau was an isolated region and the tribal groups inhabiting it had little external contact, due to the inhospitable climate and terrain of the area, which featured difficult passes and malarial jungles. The indigenous communities had no monetary economy; instead livelihoods were based on a ritual of exchange centred on the native forests and grasslands. Although initially the British settlers recognised the legitimate proprietorship of the tribes over the lands they occupied, this did not last. In 1843 it was decreed that the proprietary right over all lands rested with the state, giving the British authorities a free rein to appropriate lands for new purposes.

It was the British who first introduced tea to the area, and rapidly vast areas of indigenous forest and unique grassland habitats were cleared for plantations; by 1950 tea cultivation covered 9000ha of the hills.[2] After Independence, tea cultivation continued to soar, and by the 1980s the agricultural economy of Nilgiris became essentially monocultural, much against the advice of environmentalists and soil scientists. Despite a major crash in tea prices in the late 1990s, tea remains the backbone of the district economy, being grown on nearly 70% of the cultivated land.[3]

To prevent further deterioration of the indigenous forest, in 1986 the Hills were identified as a biodiversity hotspot and the Nilgiri International Biosphere Reserve was established. The protection of this region is essential not just for the conservation of endangered and endemic species of plant and animal life, but for humanitarian reasons as well, particularly with regards to water security since the Nilgiri forests act as a sponge, ensuring water through the year to the plains below.
Disputed lands and settlement in Gajapati

The origins to the skewed landownership apparent in this area lie in the fact that communal landholdings and swidden (shifting cultivation) in Orissa were never settled with respective tribal communities. During the Pre-British period, most tribal areas were comparatively autonomous with high degrees of political and economic independence on the borders and peripheries of kingdoms.[4] The British period led to increased incursion of state and administration in tribal areas, where it was often resisted violently, and the extension of state power to remote tribal areas was thus an uneven process, based in conflicts and conquests.[5]

Most swiddening (shifting cultivation) tribes broadly cultivated four types of land – valley bottom paddy lands or wetlands, homesteads/ backyards, uplands and swidden or shifting cultivation fields. Some of the tribes such as the Saoras also prepared terraced lands. However, the increasing importance of forest- (timber) based revenue led the British rulers as well as the Princely estates to classify more and more areas as forests, imposing restrictions upon the tribals using their traditional lands. Such restrictions were often instrumental in sparking tribal unrests since the state takeover of forested lands was based on non-recognition of customary tribal land rights over these areas. In such a way, land was conceived by the state as either private or state property, rather than in terms of a territory that a village held in common.[6] Most lands were settled either as forestland or as government revenue land, legally leaving many tribals as landless or marginal landowners. In practice, however, much of the land designated as ‘forest’ is still under cultivation by tribal communities, and is treated as encroachment by government authorities. The status of many forest areas in Gajapati District is therefore disputed.

[1] Vyas (2006)
[2] p.78 Venugopal (2004)
[3] http://nilgiris.nic.in
[4] Padel (1995)
[5] Pati (1993)
[6] Ibid.






Shifting resource dependencies in Belgaum

The lack of common lands in Belgaum is a consequence of the diversion of such lands to other uses. In Karnataka state, the first Conservator of Forests was appointed in 1864 and it was from this date that rules regarding felling and preservation were first developed. Initially forests were seen as the main source of State income and therefore forest management was mainly based on a reservation policy of consolidation. Some forest blocks were protected from fires and grazing, closing them from the communities who traditionally relied on such areas. However, common lands were recognised as areas to meet the needs of local people, and occupied nearly twice the area of the forests.

Following Independence, however, much emphasis was laid on developmental activities, which took a heavy toll on the forest wealth of the State. Forestry as a form of land use was not recognized until 1974, when the Karnataka Forest Act was amended. In 1975 the State Government undertook extensive redistribution of lands, with many common lands divided into plots and allocated to landless people. In the 1980s samaj parivartna brought further land distribution to landless and marginalized people, further increasing the diversion of common land to private use. Commons now occupy only 19.4% of Belgaum District, and extreme pressure on such tiny resources means they are now severely degraded.

Access and Management of Forest Resources in Udaipur

The arrival of Rajput communities to the Aravalli Hills gradually displaced the Bhils, pushing them to upland areas. By 1900 the area comprised large villages inhabited by Rajputs and other communities, surrounded by dense forests that were home to tribal communities. Conventional agriculture was practised in the valleys whilst a variant of slash-and-burn agriculture, termed walra, was usual in the forests. Gradually in the first half of the 20th century, tribal groups moved towards settled agriculture as they laboured under a feudal system for local thakurs (landowners).

Independence in this region saw three powerful processes: the demise of the feudal system, the arrival of the forest department with its revenue mindset and the process of land settlement that created new boundaries. Many lower caste and tribal cultivators did not possess clear land titles and so lost out to higher castes who appropriated titles to the best arable lands pushing Adivasis to the hilly peripheries. After Independence, the value and extent of natural resources available to rural people diminished greatly due to over-exploitation by the state, as well as injustices due to ad hoc surveys and settlements. In the last few decades however, access to commons and especially forests has been dictated more by influential people in the form of privatisation of forestland through encroachments.

Simultaneously, the forest department followed a ‘preservation by exclusion’ policy, preventing local people from accessing forests. These processes had the dual impact of alienating people from the forests as well as causing resource degradation. Following the National Forest Policy 1988, the central government initiated a new collaborative Joint Forest Management (JFM) initiative between local people and the forest department (F.D). In return the villages are entitled to the usufruct rights of forest resources, although this has not been without its implementation problems.







THE ISSUES

Uniting conservation with livelihoods of
Indigenous people Nilgiri Hills

The long-term implications of tea cultivation have been far reaching. For adivasis, it has meant marginalisation from traditional lands, a new monetised economy, enforced systems of land tenureship and restriction to demarcated village areas. Massive immigration to the hills has hugely increased pressures on land resulting in reduced land productivity and food insecurity. The monopolisation of land by estates and plantations has marginalized adivasi groups, who tend to have the least socio-political leverage. Unclear boundaries have left them susceptible to encroachments by larger estates and/or higher caste, more powerful individuals and Toda patta lands in particular have been subject to encroachment. In many ways, then, the issues faced in this district are not as simplistic as Humans versus Environment, but are more closely related to the conflicting interests of capitalist agricultural production and those of indigenous communities.

Given the close relationship between water security and the native forests as well as the reliance of tribal groups on forest products, environmental conservation is clearly not a discrete issue from humanitarian development. However, the total protection of biodiversity sites through the creation of reserves can come at the expense of the socio-economic development of those who rely on such habitats for survival, since they may be denied access to the forests and/or their products. Tribal communities in the Nilgiris thus face two inter-related obstacles: firstly the appropriation of much of the forest area for plantations, which has dramatically increased pressure on remaining resources and compounded environmental degradation, and secondly new legislation restricting access to the forest and grasslands, which whilst attempting to protect biodiversity has also emphasised conservation at the expense of adivasi livelihoods.



Inconsistency between Customary Use and
Legal Titles to Forestland, Gajapati

In Gajapati, the fact that much of the land customarily cultivated by tribals hasn’t been settled with them has had major implications for their livelihoods. Combined with ineffectiveness of laws to prevent transfer of tribal patta land to non-tribals, this has led to loss of access to land and criminalization of customary landownership systems. Lack of ownership has led to tribal communities being deprived of livelihood security as well as being denied any chance to benefit from government development schemes. At the same time, the state government has found it very easy to divert customary tribal lands for development and conservation projects, as legally most of this land is government land. Thus although 48% of Orissa’s land area is categorised as forest, much of these ‘forest’ areas are actually under cultivation, whether permanent or shifting. However, most of these ‘encroachments’ have not been deliberate acquisitions by tribal people of lands categorized as forests, but are a result of faulty settlements or implementation of policies.

In 1972, the Government of Orissa established laws and procedures to regularize such cultivation on forestland; however, operational issues have meant the Orissa Government has so far not been able to regularize such lands, even after the FCA was enacted in 1980. Thus almost all cultivation on forestland which should have been regularized is still pending and the cultivators are being treated as encroachers on their own lands. The people affected are generally the poorest and most marginalized with little political organisation and are therefore ill equipped to deal with the highly complex sets of rules and formalities related to revenue land and forests. These processes have caused massive alienation from forest-based livelihoods, and continue to be the most important reason behind persistent poverty and unrest in these areas.






Conflict between settled agriculture and
Pastoralism in Belgaum

The lack of common lands in the district has presented shepherds with several livelihood choices; these include abandoning pastoralism altogether in favour of rural or urban labour markets, extending migration routes in search of grazing lands, or to utilise fodder available on agricultural lands, such as crop residues and weeds. Many pastoralists have responded by adopting settled livelihoods or working as labourers in other industries in the region.[1] For those that remain nomadic for at least part of the year, agricultural land is increasingly relied upon to meet fodder requirements.

In recent years the mutually beneficial relationship between pastoralists and farmers has altered. Irrigation projects have increased lands available for cash-crop production, with shorter fallow periods and increased double cropping, thus quickening the process of rural land conversion. In the short term this has been beneficial for pastoralists, presenting an abundance of crop residues and increasing demands for manure. In the long-term however, this relationship may not be sustainable. The partnership between livestock rearers and agriculturists remains an important one for marginal farmers who lack resources and capital, but for the growing number of commercial farmers the removal of crop residue and fertilization can now be met with new technologies, such as mulching and the use of chemical fertilizers.

Thus in the long term it seems that as agriculture modernizes and new technologies are taken up so agro-pastoral relations are likely to decay: on the one hand shepherds’ access to common lands is declining, and on the other, farmers’ need of pastoralists’ herds is also deteriorating. Many farmers no longer see pastoralism as a contribution to the sedentary farm economy, but rather as a hindrance to new modern agricultural systems.[2]

Encroachment and Regularisation in Udaipur
The issue of regularising encroachments on state lands has always been contentious in this district. Although the forest act of 1927 prohibited encroachments in reserved and protected forests, before and after Independence encroachment occurred on an informal and arbitrary basis. Occasionally such encroachments would be legally settled, but the procedure was illicit and untransparent. Such arrangements forced people into ties of dependency with host-patrons, undermining social solidarity amongst villagers as they competed to privatise the commons. The problem is now so widespread that a recent survey revealed that in some forest blocks of Udaipur 80-100% of the area was not amenable to any kind of participatory land management due to widespread encroachment.

In this way then, not only has the privatisation of the forests caused over-pressure and degradation on remaining lands, increased soil erosion and left tracts of once dense forest totally barren, it has also undermined village cohesion and induced conflict between villagers. Although relatively rich and influential villagers largely initiated encroachments, often the poor followed suit to supplement their meagre resource endowments. The degradation and privatisation of the forests has dramatically increased livelihood insecurity amongst the marginal and landless as it has reduced access to CPRs such as non-timber forest products and fodder grass.

In Rajasthan, regularisation has been an approach favoured by authorities, but with limited success. Attempts to establish and regularize pre-1970 encroachments, then after the 1980 Forest Conservation Act all pre-1980 encroachments, have failed for various reasons. Often committees formed for the purpose did not deliver, and many villagers disputed their recommendations. Many cases were left hanging, their fate undecided. Much public interest was generated by campaigns both for and against regularisation, and public interest litigations opposing regularization of encroachments has further delayed the process. The approval of the Forest (Tribal) Rights Bill 2006 means that regularisation will be extended to include all pre-2006 encroachments, however, this is far from meeting the demands of all parties and the implementation is bound to be fraught and disputed.







THE RESPONSE OF NGOS
Keystone Foundation, Kotagiri

Keystone Foundation has completed ten years in the Nilgiris, working with indigenous communities on eco-development initiatives. The Foundation's work has been concentrated in the areas of apiculture, micro-enterprise development, non-timber forest produce, land and water management, revival of traditional agriculture, and other issues concerning indigenous communities.
In the face of the alienation of tribal communities from their forest-based livelihoods, the Keystone Foundation is working with such communities to develop viable alternatives. Given the enclosure of many forest communities and their total prevention from accessing forest areas, subsistence livelihoods based forest resources are no longer possible.

In the changing landscape of the Nilgiris, Keystone work to diversify livelihood opportunities through income generation activities as well as capacity building, which in the long term will help to provide sustainable alternatives for communities. Such activities include processing and value addition to non-timber forest products such as aonla, shikakai and cotton wool in villages with some limited access forest resources, and alternative income generation through activities such as beekeeping and cultivation of alternative crops in villages that have now been closed off from their forest areas.





Centre for Community Development, Gajapati

Gajapati-based NGO Centre for Community Development (CCD) has been working with tribal communities since 1991. With the objective of self-reliance through sustainable livelihoods and self-governance, CCD programmes encompass community health, education, women’s empowerment initiatives, natural resource management interventions income generation activities capacity building and a legal/humanitarian service.

CCD promotes awareness of legal rights and works with tribal communities regarding issues such as unsettled land tenureship and forest access. The organisation takes up claims, working with claimants who are often illiterate and have minimal knowledge of the legalities of such situations, making them vulnerable to exploitation. CCD also undertakes research and has collected data regarding the issues faced by villages who are cultivating land designated as forest, and their findings reflect the state-wide trends of unsuitable survey and settlement methods, poor settlement rights, non-regularisation of forest land under cultivation and disputed claims.

[1] Vyas (2006)
[2] p.10 Dhas et al (2006)











Jana Jagaran, Belgaum

Over the last two decades Jana Jagaran has been working among the nomadic shepherds in the twelve districts of North Karnataka. Jana Jagaran is half way through its new project phase concerned with empowerment and organization building processes amongst traditional shepherding communities. Towards this, eighty-three women’s SHGs and forty-one male SHGs have been mobilised.

The shepherds are well informed about markets, diseases, fodder and water scarcity. There is a consensus approach to sharing the common grazing lands. Through their participation in initiatives such as Migration Heads and SHGs the overall development of the community has increased. They are now much better prepared to accept scientific methods of sheep rearing and management of their resources.

The decrease of fodder options available has led Jana Jagaran to promote an alternative amongst those pastoralists with some lands of their own. With access to a few acres of irrigated land, shepherds can grow fodder crops such as maize and cowpea for their own herds, and this, according to Jana Jagaran, can have much higher economic returns than sugarcane cash crop cultivation. This is, however, an option available only to a minority of the pastoralist population, being reliant on sufficient capital for investment as well as individual land ownership. To boost the income security of those who do not have access to such resources, Jana Jagaran promotes processing and value addition activities for wool and other animal produce as well as livestock improvement through sheep breeding programmes and veterinary care services.






Seva Mandir, Udaipur

Seva Mandir has been working in the tribal belt of Udaipur District since the 1970s. Initially aimed at adult education, the organisation quickly realised the significance of natural resource-based interventions to promoting rural livelihoods. Since the mid 1990s, Seva Mandir has divided its work into three core programmes, focussing on sustainable improvements in livelihoods, enhancing people’s capabilities and strengthening village institutions. The livelihoods programme seeks to enhance the productivity of commons, forests and private land through programmes such as afforestation on private lands and pasturelands, rehabilitating wastelands, promoting sustainable agricultural methods and enhancing collective sustainable management of CPRs through schemes like the Joint Forest Management.

Working on complex and contested resources, the livelihoods programme has become an instrument not only to reverse ecological degradation but also to build social capital and leadership capabilities. Efforts have been made to develop these common lands as an incentive for people to vacate their occupation of common lands through a process of negotiation and prospect of enhanced biomass and fodder from the developed lands.

In response to the problems faced in liasing with the government agencies such as the forest department as well as dealing with the issue of privatisation of the commons, a federation of 91 forest protection committees has been established with the help of Seva Mandir. Named Van Utthan Sansthan (VUS), it has been active since 1998 spreading awareness in the region regarding forest protection, prevention of encroachments and conservation through people’s participation.

THE FIELD OBSERVATIONS

Nilgiri Hills

During interactions with the communities, the alienation of tribes from forestland was clearly apparent in villages adjacent to the Mudumalai Wildlife Sanctuary (a part of the Biosphere Reserve) where tribal people have no rights or access to the forestland. In such a context, subsistence livelihoods based on shifting cultivation and migratory herding are clearly no longer sustainable; with few accessible forest areas such practices can only lead to widespread exhaustion of the natural resource base.

Elsewhere, such as in Banglapadi, there has been considerable conflict between local villagers and large corporations seeking to appropriate land for plantations. Although villagers have been cultivating the area for generations, absence of legal tenure documentation has left them vulnerable to the encroachment of the more powerful estates.







Gajapati

Although shifting cultivation has been the traditional method of livelihood for many tribal people, it has become increasingly clear that this is not sustainable in the long term. There have been attempts by the state in the past to move such communities towards a more settled form of agriculture, and this is becoming more of a necessity as due to population pressure and the creation of closed forest reserves, remaining forestlands can no longer support shifting cultivation and the practice is causing severe ecological degradation.


In the villages in the Siguir plateau the local agriculture and animal husbandry systems were intricately dependent on access to forests. Since the declaration of the Mudumalai Wildlife Sanctuary, however, villagers have experienced total loss of these livelihoods. The inhabitants are compelled to live within a fenced area and have no access to the forest.
Before the creation of the sanctuary, forest grazing meant that dairying was a viable source of income and the cooperative milk-marketing network flourished. However, with the sanctuary came the prohibition of grazing. In consequence, people can no longer sustain their cattle and the dairy cooperatives have collapsed. Keystone is now promoting alternative income generation through beekeeping in these villages.
With the approval of the recent Tribal Rights Bill in Parliament, there is now the potential for all pending cases to be regularised, and traditional lands to be returned to their historic occupants. Yet this presents further complications in that so great a proportion of forest areas are cultivated that regularising claims would leave negligible forests remaining, undermining landless people’s livelihoods as well as threatening biodiversity. Whatever the outcome, it is crucial that steps be taken to prevent any further environmental degradation and for sustainable agricultural techniques to be adopted in this region if the tribal communities are to continue to rely on these lands for their livelihoods.
















Belgaum
In a world of increasingly modernized agriculture, pastoralists in India are facing difficult choices. It is clear that as available common lands shrink and settled agriculturists’ need for pastoralists declines, pastoralists must adjust their livelihoods to cope with the increased risk of fodder shortage. Given recent changes in Belgaum District, the solutions being implemented by Jana Jagaran seem to be appropriate in making use of the increasingly limited options available for pastoralist people. With regards to fodder cultivation, it is essential, however, to establish how far this practice can be adopted amongst the beneficiaries of Jana Jagaran. In addition to this, the remaining common lands need to stay as a focus for intervention; their sustainable management and development is crucial.

Yet with institutional rules and regulations all geared towards facilitating a fixed settlement pattern and rights and resources being allocated on this basis, it is essential to explore the future of pastoralism. At the moment, the declining need for pastoralists’ herds combined with limited and degraded grazing lands means that sedentary farmers can clearly obtain the economic ‘upper hand’ over pastoralists in the process of rural land conversion.



Udaipur
In the past, state Forest Departments have taken steps to overcome the issue of encroachment on forests, with comprehensive surveys conducted to map pre and post 1980 encroachments by the forest department as well as by civil society agencies like Jangal Jameen Andolan. These surveys are intended to report the extent of encroachments to the policy makers, but discrepancies exist between the government and NGO figures. In the Forest (Tribal) Rights Bill 2006, the government has proposed a new framework: It intends to empower the Gram Sabhas to determine encroachments eligible for regularization and to forward such cases for approval. However, it has not been tested whether the village level committee can take up this responsibility.

Seva Mandir attempted a pilot test of the bill in a village context. The study showed that establishing the period of encroachment was extremely difficult based on the site condition and assets created. At the time of the study, the FPC assessment stated the total number of encroachments as 48, covering an area of 27ha whereas the F.D recorded only four cases over area of 3.19ha. Due to fragmentation, although the total encroached area is about 27ha, the area affected is closer to 100ha. The forestland has been degraded and is unfit for development, and it is likely that more encroachments will ensue, restricting communal access to the forest produce.

A profile of the encroachers showed that landlessness amongst encroaching households was minimal, and reasons for encroachment varied, such as the need for additional agricultural and grazing land and access to NTFPs. Unclear and outdated forest boundaries make establishing encroachment difficult, and improper legal action by the authorities means that people are often not aware of the legal status of their actions. The villagers supported the regularisation of the original encroachers and their descendants, but wanted to protect the remaining areas through a JFM programme. However, ultimately the regularisation of encroachment is not a lasting solution as there is only limited land available and fragmentation affects a much larger area than merely that which is occupied.


The Conclusions

The diverse environments, cultures and histories of India are reflected in the current development issues facing the country’s most marginalized communities. This study has enabled the participating organisations to look beyond the immediate concerns of their field of reference and understand common land-based issues in a broader context. The opportunity to share experiences, knowledge and approaches has provided the partner NGOs with new insights to common land issues with which they can enhance their programmes and improve services to their own beneficiaries. The specificity of circumstances surrounding access and usage of forests and commons has also highlighted the importance of developing context-specific policy decisions – it is not possible to homogenously impose one development model across an expanse as diverse as rural India.

Yet although the fieldwork visits to the four states revealed very different permutations of common and forestland, nevertheless some common themes did emerge. Firstly, the problematic circumstances in all four sites can in part be traced to a lack of participation by the affected communities; alienated from their historical lands by land diversion, new restrictions and forest protection they have been offered little chance to participate in the decision-making and management affecting the lands of their ancestors. In principle, the process of survey and settlement after Independence was to be participatory with rights and concessions granted to the people, but lack of awareness amongst many tribal communities meant that in practice this was not carried out and much injustice was done. It is also apparent that given the current context of restricted land access and population increase the natural resource base available is no longer sufficient to support traditional practices such as shifting cultivation. The environmental degradation that this can cause not only undermines biodiversity but the whole future of rural livelihoods – insufficient acreage means that forests and common lands have no chance to rejuvenate, resulting in soil and water insecurity, intensifying the impact of drought and increasing further threatening rural subsistence.

In such circumstances, it is crucial to promote sustainable agricultural methods as well as to diversify livelihood options, as undertaken by all the NGOs. Value addition and processing of forest products, livestock improvement programmes, alternative cropping strategies and income generation activities such as beekeeping are all helping to provide income security in reference communities, whilst activities such as Joint Forest Management, watershed development and soil and moisture conservation are quickening the reversal of land degradation.

If nothing else, one key point has been reinforced through this study: although commons may have different meanings and uses amongst different communities, nevertheless they are a crucial resource across India, and government policy should reflect this. There is some duality in the present land policies, in that on the one hand it is demanded that forest cover be increased and yet on the other encroachment is in some ways condoned through regularisation. This duality means that the people themselves become complicit in the privatisation of the commons. We need to ensure that the commons, including forests, are safeguarded not just by communities and NGOs, but by the government as well, with provision made in land policies for their sustainable management.
Efforts should also be made consciously towards their improvement and development through the local self governing bodies as well as the Civil Society.



Primary fieldwork conducted by Shailendra Tiwari and Vivek Vyas, October 2006

Secondary Sources:

Ballabh, P. (Ed.) (2004), Land, Community and Governance Seva Mandir

Bhise, S.N., (2004) Decolonising the Commons Seva Mandir

Dhas, M, Vivek, K. and Phansalkar, S., (2006) Water for migrant livestock: issues, concerns and policy Livestock Research for Rural Development 18 (9)

Kumar, Kundan (1998) Dispossessed and displaced: A brief paper on tribal issues in Orissa

Padel, F (1995). The sacrifice of human being: British rule and the konds of Orissa. Delhi; New York, Oxford University Press.

Pati, B. (1993). Resisting domination: peasants. tribals and the national movement in Orissa 1920-50 New Delhi, Manohar Publishers & Distributors.

Saxena, N.C., (1996) 'Forests Under People's Management in Orissa', Social Change, 26(1): 68-83.

Singh, Neera, (1995) Collective action for forest protection and management by rural communities in Orissa’, paper presented to the Fifth Conference of the International Association for the Study of Common Property, Bodo, Norway

Venugopal, D. (2004) Development-Conservation Dilemma in the Nilgiri Mountains of Southern India Journal of Mountain History 1 (1)

World Bank (1998) Reducing Poverty in India: Options for more effective public services Report No. 17881-IN.

Websites:
http://nilgiris.nic.in
www.ccdindia.org
www.keystonefoundation.org
JJ's website

Sunday, January 27, 2008

An open letter to Dr Dobhal

Dear Dr Dobhal
Greetings!
You would recall our meeting on the foothills of Neelkanth near Kedarnath In Jun 2005. I was on my way back from Gandhi Sarovar and accidentally stumbled upon your tent. You had helped me with food and shelter without even knowing me.
I apologise that I could not stay in touch with you after that meeting but I still remember your help that night that saved me a lot of discomfort if not any major physical harm.
I also saw one of your interviews in television once regarding your work on the study of glaciers and I am writing this mail to congratulate you for being chosen by TIME magazine as one of the select 100 people in the world doing good work on environment. I felt really happy both for you and for the Himalayas that are facing dangers that the world doesn’t know much about.
I ultimately did not join (ATI) Appropriate Technology India at Ukhimath that time and am still working with "Seva Mandir " an Udaipur based NGO working for tribals.
I am also trying to contribute in my own small way to the environment and I salute you for your work. I hope we shall stay in touch from now onwards.
Regards
Vivek Vyas
Development Professional
09784184641..

land ownership and entitlements study

Land Ownership and Entitlements Study
Acknowledgement
It gives me immense pleasure to express my gratitude towards my mentor and guide Shri S N Bhise, (Natural Resource Development Unit Head for guiding my study and also for helping me incorporate a perspective that was empathetic towards the people and at the same time was mindful of the conservation crisis looming large over the forest dwelling communities.
I am indebted to my alumni and our chief executive Ms. Neelima Khetan for conceptualizing the study and providing reality checks time and again. Without her constant encouragement we would have been left in a heap of confusion.
The residents of the village Som are the real architects of the findings of this study. Shri Shambhulalji Kharadi, Shri Nanalalji Ahari, Shri Badrilalji Kasauta are the people who did a lot of brainstorming with other people. But I look upto them now as members of my extended family given their hospitality and affection showered upon me.
Many thanks go to another of my seniors Sangeetaji and her husband Shri Chetanji for giving final touches to the study and making it a coherent one.
I cannot think of this study being completed and reaching this present form without the help of Seva Mandir's colleagues. Shri Suresh K Sharma, Shri Khetarpal sb, Shri Chauhan sb, Shri Shailendraji, Shri Kalulal Jain, Shri Abrar Ahmed deserve special mention apart from countless others whom I fail to name here.
Special thanks for members of the Van Utthan Sansthan for helping me understand the dynamics associated with land and forests.
I also gratefully acknowledge the inputs and feedbacks given by various other people, experts in this field and former employees of Seva Mandir. Shri Liby T Johnson and Ms Jayapadma, Shri Rohit Jindal and Ms Mamta Vardhan.
I also would like to acknowledge the diligent contributions by Kavitaji and staff members of Chaudhary Offset for their efforts in giving it a pleasant form.
Finally this study represent the stark ground realities of the people living in the forests and it is an effort to bring as many dimensions as possible of their livelihood as well as settlement dynamics. Thus I am neck-deep in thankfulness for the households included mentioned in this study that were both forthcoming and smiling despite being in peculiar circumstances.
Executive Summary
Why this study?
State Forest Departments have taken steps in the past to overcome the issue of encroachment on forests. During the past they had sought to legalize encroachments prior to 1980. Comprehensive surveys have been conducted to map pre and post 1980 encroachments by the forest department as well as by civil society agencies like Jangal Jameen Andolan. These surveys report the extent of encroachments to the policy makers. However, discrepancies exist between the government and NGO figures. The various attempts to mark pre-1980 encroachments and regularize them have failed miserably. The government has proposed a Forest (Tribal) Rights Bill 2005, which has laid down a framework to deal with this issue. It has provisions to empower the Gram Sabhas to determine the encroachments eligible for regularization and forward such cases for approval. Whether the village level committee can take up this responsibility has not been tested as yet.
This study attempts to do a pilot test of the bill in a micro village context. Most importantly this study is a means to gauge the ground realities associated with this issue and to highlight the complexities that can surface during implementation.
Objectives:

To take stock of the pre and post 1980 encroachments with the village FPC and to compare the same with the forest department records.
To document the assessment of the FPC regarding the age of encroachments (pre or post 1980), whether they should be regularized, and whether further encroachments should take place.
Methodology:
Village selection involved three stages (a) Planning with key stakeholders (b) Building rapport with the people considering the sensitive nature of the topic of research (c) Setting up a 10-member committee of village elders to guide the study. Data Sources included primary data collection through participatory qualitative techniques like PRA etc and secondary sources like the forest department and Patwari records which provided the quantitative data. PRA Mapping exercises, transects along with F.D. records and focus group discussions helped to identify the encroachment sites and then select the hamlet to be the unit of study.
Unit of study:
The study was done in Ambamata phala in revenue village Som, which falls under the forest block Som Part II. Som is a predominantly tribal village, located 90 km south west of Udaipur, Rajasthan. Located in the Aravallis, the land is undulating in nature and the forest is dry Tropical Deciduous type. Out of the total village area of 1472.65 ha., nearly 66% (974.86 ha) is owned by the forest department. The village population is 1900 distributed over nearly 400 households.
Limitations:
Considering the sensitive nature of the topic of research, the study is limited by peoples’ apprehension about sharing their thoughts and feelings on this issue. This was further complicated by the presence of Seva Mandir in the area and its existing perception about encroachment of common land. This most likely created bias within the researchers also. Finally, a lot of confusion prevailed due to the lack of transparency regarding the status of commons and the exact boundaries of forestlands.
Research Findings:
Establishing the period of encroachment
It was extremely difficult to determine the period of encroachment based on the site condition and assets created .
Age assessment According to the FPC - According to the FPC, the initial number of encroachers was 12, which have gone up to 18 counting their descendants also who now live on these encroached forestlands. In addition new encroachments happened 5-20 years back. The total number of encroachments when the study was conducted stands at 48 covering an area of 27 ha. approximately.
Age assessment according to the F.D record - Per the Forest Department records only four cases comprising 7 encroachers and covering an area of 3.19 ha. are pre-1980 encroachers.
Profile of Encroachers

The pre-1980 encroachers are quite old and except a few most of them reside in the village and have khatedari agricultural land holding in the village. The land ownership varies from 2-5 ha.
The descendants of encroachers have rights of inheritance to the agricultural land owned by their fathers. However, in most cases the distribution of land has not been made yet.
Effects of Encroachment:

Forest Area adversely affected by the encroachment due to fragmentation of encroachments. Although the total encroached area is about 27 ha., it has affected almost 100 ha. of forest area. The forest area has been degraded and made unfit for development
Further encroachments - There is a distinct possibility of more area being encroached.
Privatization of the forest produce like Mahua - Most of the encroachers as well as others in the village have distributed the Mahua trees amongst themselves thereby restricting access for others.
Reasons for encroachment in the area
Reasons pertaining to livelihood – With the increase in population, most of the encroachments have taken place due to the need for additional agricultural and grazing land. Availability of NTFP is also a substantial reason.
Settlement pattern - Most of these encroachments are actually satellites of some phala in the village. It is not necessary that people residing closest to the forests are the encroachers, but encroachments happen due to the need for grazing land.
Apathy and uncertainty of the Forest Department and improper legal action
Uncertainty regarding the land tenure rights and rights of multiple revenue villages on a Forest Block. The multiplicity of rights and lack of clear-cut demarcation of boundaries leads to encroachments and subsequent disputes.
Political Interference – Political instigation is also one of the factors for illegal encroachments.
People’s Perception on Encroachment & Regularization Process
The villagers of Som supported regularization of originals encroachers and the rights of their descendants to these lands. But to prevent further encroachment they wanted enclosure of forestlands to be undertaken through programmes like JFM.
Issues for policy consideration:
Assessing the Period of encroachment (Pre and post 1980?) - Only the community (especially the older generation) can verify the period and extent of encroachment. Otherwise this can be verified only through the F.D. records or any such records kept by the encroachers.
Right of descendants over the encroached land (Original or the present?) - The community feels that descendants have right to land encroached by their ancestors.
Actual release of forest area – The area of forestland that would be adversely affected due to regularization, would be at least 4-5 times of actual area released.
Regularization of forest lands – Is it a lasting solution? – Alternative livelihoods for the people living around forest areas have to be worked out by the government, civil society agencies working in these areas in consultation with the people.

Background
and has always been of paramount importance for the rural economy but more so for the tribal people/ forest dwelling communities. Tribals depend directly as well as indirectly for their livelihood on the forests/ commons. They directly derive a part of their livelihood through NTFP (Non-Timber Forest Produce) and fodder collection from the forests. For many of them lopping of branches and selling of the same has been a consistent coping mechanism over the drought ridden decades.
For their other livelihood practices like Agriculture and Animal Husbandry they are dependant upon other Common Property Resources like pasturelands etc. Indirectly the health of these commons is of great significance in determining the productivity and production from agriculture and animal husbandry (because of the ecological cycle). The tenure rights on the commons also serve as the determining factor towards the strength of the institutions that determine the use of commons in general and forests in particular. One of the major hurdles that have been faced with regard to working for the commons has been encroachment. It has been realized while working with village institutions that if the forests have any trace of private ownership (in the form of encroachment) the stakes/interests of the other villagers tend to get diluted. Secondly this becomes a forum where old animosities surface leading to possible breakdown of the collective action/institution. More often than not these rivalries have their roots in a fight over encroachment over a resource. According to study conducted by Seva Mandir in 10 of its programme villages, 26.7 % of the forestlands were encroached upon while 54.13 % of the pasturelands were encroached upon. (Source: Agarwal, A, 2003)
The forest act (1927) prohibits encroachments in the reserved and protected area and calls it an illicit activity and cases in encroachments were to be dealt as per the provisions of the forest act. The forest conservation act (1980) was specially enacted to prohibit non-forestry activities in forest areas like agriculture, mining etc. Therefore encroachments become illegal according to this provision. The 1988 Forest Policy talks about symbiotic relationship between the tribals and the forests while meeting the needs of the people but as regards encroachments it clearly mentions that there should be no regularization of encroachments. Formal institutions like the respective state Forest Departments have taken steps in the past to overcome the issue of encroachment on Forests. Earlier they had sought to legalize encroachments prior to 1980. The basis for deciding the date of encroachment was based on registration of the offence. No rights were vested with Gram Sabha. Comprehensive surveys have been conducted by the forest department to map Pre and Post 1980 encroachments to report the extent of the encroachments to the policy makers (based on issuance of forest offence report). Other civil society agencies like Jangal Jameen Andolan have also tried to take a stock of the whole situation. However, discrepancies exist between the figures reported by the government and the NGOs.
Off late the government has come out with the Draft Forest (Tribal) Rights Bill 2005, which has laid down some framework to deal with this issue. "The draft bill aims to compensate the "historical injustice" done to forest-dwelling tribes that were denied their traditional rights to forest lands and resources in the last couple of hundred years. In this period, the lands they had been dwelling on were declared "forest land" or "protected areas" for wildlife. The rights proposed to be accorded to Adivasis include pattas to forestlands occupied before 1980 or any other date the government decides. A number of other rights are also to be granted: nistar (usufruct) or ownership rights to forest resources, grazing rights including seasonal ones for nomadic communities, habitation rights (for those classified as Primitive Tribal Groups), conversion of forest villages into revenue villages, and so on. No tribal person is to be evicted from currently occupied land until the process of determining rights is completed, according to the Bill.
The Bill places considerable authority in the hands of Gram Sabhas (which was absent in the earlier legislations). This includes the primary function of recognizing forest rights, regulating access to forest resources, and punishing those who violate the provisions of the Act. But Gram Sabha decisions are subject to approval by higher authorities. Sub Divisional Committees are to hear appeals against them and also resolve inter-village conflicts. District Committees are to act as appellate authorities and give the final approval of the record of forest rights. All rights are accompanied by responsibilities for forest protection. In no case would forestland beyond 2.5 Hectares be allotted (only land under occupation prior to 1980 can be considered, no new forest lands would be allotted). Also it states that the rights vested under the proposed legislation will remain notwithstanding anything contained in any other law, but it also states that the operations of other laws would continue if they do not contradict the provisions of this bill." (Source: Kothari Ashish, Pathak Neema, 2005) However, whether the village level committee is capable of taking up this responsibility has not been tested as yet.
In case of Rajasthan efforts were made in the past to regularize encroachments till 1970 and some 1500 cases were regularized. After the issuance of the forest conservation act 1980, a decision was taken that encroachments till 1980 can be regularized. The Jungle Jameen Andolan has submitted a list of 17608 claims. Under this a list of 5395 (Source: Endangered Symbiosis, 2003) persons has been sent to the central government for regularization of encroachments but still awaits sanctions.
The various attempts to mark Pre 1980 encroachments and to regularize them have failed miserably either because the committees formed for the purpose could not finish their task or their recommendations did not go well with the people. Whatever cases were sent were also left undecided. In the meantime a lot of agitation by the people as well as the activists who were supporting the regularization have taken place. The main contention for the opposition was the list prepared of Pre 1980 encroachers based on forest department records. A lot of public interest litigations were also filed in the courts opposing regularization of encroachments, which also delayed the settlement of encroachment issues.



The Study

eva Mandir, an Udaipur based non-profit organization has been actively working with the marginalized tribals through various Natural Resource Management efforts like Agriculture, Watershed Development, Afforestation on Private and Common-lands, and Joint Forest Management on Forest lands. Seva Mandir’s work in the field of Natural Resource Development is based on the premise that improvement in the natural resource base leads to improvement in the land-based livelihood of the tribal communities. Majority of the interventions have been routed through formal and non-formal village institutions like Gram Vikas Kosh, Village Forest Protection and Management Committees (VFPMCs) whose focus has been on promoting collective action for bringing about development of common property resources (CPRs) like forests, pasturelands etc. These CPRs especially forests have been afflicted with problems of encroachments. Seva Mandir, in the past, has been associated with local village institutions to deal with encroachment cases on the common panchayat and forestland. Negotiations are mainly routed through the village institutions regarding vacation of encroachments.
With this background and in perspective of the Tribal Rights Bill, it was considered appropriate to take up a study on encroachments in forestlands. This study, therefore, also served as a pilot test of the bill in a Micro (village)-context. Most importantly this study is a means to gauge the ground realities associated with this issue and to highlight the various complexities that shall surface when the decision-makers finally take up implementation. Possible issue that are proposed to be studied (statement of hypothesis) are:

Firstly whether the gram sabha would be able to take a rational stand on pre and post 1980 encroachments on their own given the parameters for decision making like extent, age of the encroachment, conditions and developments on the land encroached and finally who should be eligible for the ownership of the allotted encroached land.
Secondly whether regularization of encroachments is the ultimate solution to deal with the problem.


Objectives of the study

Looking at the above factors following are the project objectives

To take stock of the pre and post 1980 encroachments in a particular forest area with the help of the village forest protection committee and to match the same with the forest department records or surveys.
To document the assessment of the FPC regarding
The age of the Pre and Post 1980 encroachments.
Whether they feel such encroachments should be regularized.
Their feelings towards further such encroachments.
Scope
he geographical area selected for the study was Som Forest Block II and revenue village Som in Udaipur district, Rajasthan because of the following reasons:-

Seva Mandir’s presence in this area for 15 years helped establish some accountability for the author. It was relatively easier to seek cooperation of the villagers of Som. One of the favorable factors was the positive attitude and receptivity of the villagers towards this issue. Since the subject matter of the research is quite sensitive, it was extremely useful to have some history of an NGO like Seva Mandir in this area.
Previous data available regarding Livelihood Mapping. Other exercises like PRAs, Resource Mapping, Surveys had already been undertaken in the past while undertaking the Study of Forest Protection Initiatives, Preparation of Village Development Plan etc.
As a part of its JFM programme, Seva Mandir staff had scoped the forests near Som village as potential JFM site. For this purpose, a site survey had been conducted and Micro planning was in progress. Therefore, this study could be conducted parallel to the on-going preparation for undertaking JFM at the site.
Methodology
he study has primarily used the case study methodology. Only one village was selected for a detailed analysis of the encroachment issue. Considerable amount of time was spent in discussions with various stakeholders like Seva Mandir, Forest Department, and the Van Utthan Sansthan for planning the study, selecting the village to be studied as well as the methodology. A lot of time, in the early weeks, was spent in the selected area in order to build rapport with the villagers and to gain first-hand knowledge about their opinions about CPRs.
Identification of the encroachments
Mapping exercises

The villagers of Som were first asked to make maps of the forest where they had claims. During the exercise it was clear that people had confusion regarding this and there was no consensus. The confusion was due to the encroachments and belief of a few that the encroachments have been regularized. As such forest settlement maps were procured and with their help boundaries were marked on the ground. Once the forest boundaries were made clear people were asked to show encroachments within the boundary demarcated without any consideration whether the encroachments were legal or illegal, regularized or not.
Thus at the end of the exhaustive exercises, the following sites were identified as having significant number of encroachments in Forest Block Som Part II which comes under the revenue village Som :-
Area near the JFM site in the Holi phala
Ambamata Phala's settlement
Gohalli (Aravalli plantation site)
Jher Phala (Village Bhamti)
Boundary disputes with the neighboring Karel and Bhamti villages
Selection Of Sample
From the above sites the Amba Mata phala settlement was selected for the study as it satisfied the following criteria.
One part of the forest block with well-defined boundaries (which could be located in the field as well as on the Survey of India Toposheet) was selected so that the number of the encroachers could be ascertained and matched with the official records as envisaged in the objectives. This forest area selected was encroached by inhabitants from Amba Mata phala of the same village.
The selected area for the study is enclosed on one side by the Som-Kotra road while on the other side is the boundary of the village Karel's development works. (Please refer the map in Annexure two). Seva Mandir was in touch with the people of Amba Mata phala for a long time. Just adjacent to the encroachment site, people of Som had proposed a JFM site for which proposals had already been sent to the forest department. People were of the view that JFM activity would prevent further encroachments.
Finally, the study plan was introduced in February 2005 to the FPC Committee and Gram Vikas Committee and a 10-member committee of volunteers was formed for conducting the survey and documentation of encroachments.

Data Sources
Primary Data was collected from the village using Participatory Rural Appraisal (PRA) exercises by Seva Mandir's staff members with the help of the committee members.
The qualitative techniques used were
Resource Mapping – An exercise in which the villagers sketched the village map, marked the different resources available within the village (like pasturelands, forest lands, revenue land, agricultural land, homesteads, wells, tube wells, schools, community centers, etc.).
Seasonal Calendar – An exercise depicting the various seasons in a year when NTFPs are collected, and the different agricultural activities like field preparation, sowing, transplanting, weeding, etc. are performed.
Forest Cover Mapping - Resource Maps were made by various groups so as to identify locations of forest protection initiatives as well as encroachments.
Focus Group Discussions - In focus group discussion, the villagers' personal opinions, suggestions and requests for forest related needs and requirements were asked on every aspect of their needs (forest products, water sources, etc.). Discussions were conducted in small groups of 10-15 people at a time. These people were mostly members from the FPC, ethnic leaders of the village, Gram Vikas Committee and sometimes the encroachers themselves.
Interviews with the various stakeholders like
Encroachers
The forest department staff
Forest protection committee members
Village Para workers of the various NGOs like Seva Mandir, Children's Christian Fund, Swachh Pariyojana working in the area.
Multiple Village Transects have been conducted.
Across the village area to find out phalawise spread of encroachments as shown in the mapping exercises
Forest areas adjoining Villages and Phulwari Ki Nal Sanctuary to find out the distribution of these encroachments
Encroached upon areas to find out the assets/ development being made by the encroachers and land-use of these areas.
A household survey of all the encroacher households was conducted to profile the encroachers and interview them regarding the developments that they have done on the land. Please refer annexure two for the developments done on the land.
Secondary Data was compiled from the records maintained by the forest and revenue departments.
List of the Encroachers - from the forest department to compare with the data collected.
Land Records – The village Patwari records were consulted for obtaining land holdings of the encroachers in the village.
Documentation Of The Findings
Finally, the findings of the study were documented to highlight the land ownership and encroachment patterns in the region. Relevant case studies were also documented in order to provide practical examples about the context in which encroachments took place.
Limitations
Peoples’ apprehensions
Various villagers and key respondents were apprehensive about providing information related to land ownership whether legal or illegal, primarily because they were uncertain as to how the information will be used and what its impact may be on them. Admittedly most of the people have a latent fear of backlash both from the society as well as the system and the state. This leads to their sabotaging all kinds of forest related institutions like the FPC etc.
Confusion regarding boundaries
Due to the lack of transparency prevailing at the village level regarding the status of commons and the exact boundaries it is very difficult to establish the tenure rights in the areas adjoining the forests and bilanaam (Revenue Wasteland) areas. Maps from the forest department have been assumed to be true.
Seva Mandir’s perception on encroachment in forest areas
Seva Mandir looks upon common land including forestlands as the mainstay of poor people for meeting their livelihoods and as such has not been in favor of encroachments on such land. As Seva Mandir’s workers have done the study there is likelihood of some bias creeping into the study.







Village details
Location

om village is located 90 km South West of Udaipur, in the Jhadol Tehsil of Udaipur district, Rajasthan. To the South East of Som, lie the villages of Bhamti and Garanwas, leading on to Kherwara Tehsil and to the Udaipur-Ahmedabad highway. To the South West of Som are the villages of Panerwa and Kotra (Kotra Tehsil) leading on to Abu Road. To the North is the village Karel, Phalasia, Bichiwara and Kolyari, leading on to the Jhadol (37 km from Som) and Udaipur.
The village Som is located in the lap of the Aravali hill ranges who have the unique distinction of being one of the oldest mountain ranges in the world. The land therefore is mostly of undulating nature. The village is divided into six hamlets (called phala in the local language): Kharadiya phala, Chauhan phala, Asari phala, Sagiya phala, Holi phala and Jher phala. Jher phala and parts of Chauhan phala and Holi phala (called Ambamata phala) are situated in the hills. This is the phala where the present study on the encroachments was conducted. The majority of the residents of this hamlet belong to Asari phala.
No
Land Distribution (As per Patwari Record)
1
Forest land
974.86 ha
2
Common revenue land
111.33 ha
3
Private land
345.89 ha
4
Revenue Wasteland
40.51 ha

Total area
1472.65 ha
Demographic data
Som is a middle size tribal village in terms of population. The population consists of the illiterate and semi-literate older generation (people above the age of 55) and the nearly literate present generation (people below the age of 55). The literacy rate is higher than the average for the Tehsil Jhadol. This is mainly because of the initiatives of Seva Mandir like Non Formal Education Centers, Literacy Camps etc. The Government school in Som has also played a significant role.
S. No.
Population
1900
1
No of households
400
2
Castes
Meena sub-tribe of the bhil tribes
3
Sub-castes
Kharadiya, Kasauta, Khokhariya, Lakhambra, Parmar, Ganwar, Asari, Drangi, Pargi, Bhagora, Dama, Damor, Sagiya, Chauhan, Pander, And Vadera
4
Literacy rates
Male - 36%
Female - 24% (Source: school records)
Status of Forests and Biodiversity
Out of the total area of the village (1472.65 Hec) nearly 66% of area (974.86) is under forest department’s ownership. Majority of the forestland falls under Forest Block Som Part II and only 31.89 Hec is included in Forest Block Son Kala, which has been totally encroached upon. The forests correspond to Dry Tropical Deciduous forests with over wood consisting mainly of Salar (Boswelia serrata) and Godal (Lannea corromandelica trees). The forests are degraded and open but in patches, good vegetation with density up to 0.5 can be seen. Som shares its forests with four other neighboring villages i.e. Som, Bhamti, Garanwas and Sarwan. This forest area is one of the most richly endowed ones in the Tehsil and is commonly known as Sarwan ka Jungle. A part of this forest adjoining the villages of Lathuni and Nalwa have been included under the game sanctuary called Phulwari Ki Naal, created in the 1980s.

Research Findings

stablishing the period of encroachment (whether pre 1980 or post 1980?)

To a new person it is very difficult to differentiate between pre or post 1980 encroachments on the basis of site condition, agriculture or assets created. A list of individual encroachers, area encroached upon, period of encroachment and assets created on encroached land is enclosed as Annexure one.
The annexure tries to draw a lineage of the encroachers starting from the original occupier of the forestland leading to the present encroacher. It also tries to draw a three-fold comparison between the three viewpoints i.e. according to the forest department, FPC as well as per the site condition (assets built on the encroachment).
Age assessment based on Site condition and Assets created (Status of the Encroached Land)

In general, it becomes difficult to assess the period of encroachment based on site condition. The following are some examples.
Hurji is standing at S. No 1 in the annexure one, encroached upon forestland before 1980, as per the committee members. But on the ground there are now three hutments standing in this area. Some of them are newly constructed (at least one) and the other two 4-5 years back.
Similarly in case of Ashok s/o Rajuji and his brothers standing at serial no 30, the house appears to be 10 years old but abandoned. There is no trace of agriculture but the encroachment is for showing ownership on mahuas trees, which according to the committee members are 15 years old. To show their rights the encroachers just plough the area. They are not living in the hutment.
Bhura Bada Vahiya at serial no 23 who had encroached on the land 15 years ago constructed a hutment only recently (2004). As such on the basis of site condition it is difficult to assess the period of encroachment.
Generally when an encroachment is quite old (25 years) the assumption is that it must be devoid of vegetation but in the present cases lot of vegetation is still standing on the encroachment site. In addition, Mahua trees can be found on almost all the encroached areas, and the hills in between also have vegetation though sparse.
Age assessment According to the FPC
At a meeting with the committee members, heated discussions were held to assess the period of encroachment. In the meeting it was pointed out that Hurji, Dhanraj, s/o Thavra Ahari and Rupa s/o Dita Bhagora of Amba Mata Phala (Som) were the ORIGINAL encroachers who had encroached forest area 25-30 years back. They had built up a bada (cattle enclosure) where kept their cattle and later on started cultivating the land in small patches. The present generation of encroachers are their DESCENDANTS, who have now built houses, are cultivating and are in possession of land. When asked about the period of encroachment, they mentioned the time when they started living on their father’s land and built hutments. Later on some other inhabitants of Amba Phala also encroached on forestland. The number of original encroachers on forestland is 11 but at present, counting their descendants, this number comes to 18. Some of the original encroachers have died or are living in the village. In addition, some other people have also encroached whose encroachments are between 5-20 years back. The total number of encroachments when the study was conducted comes to 48.


Types of encroachments
Pre 1980
Post 1980
Total encroachments
Number
Area in Hectares
Number
Area in Hectares
Number
Area in Hectares
Original Encroachers
12
20.12
18#
7.14
30
27.27
Descendant Encroachers
18 *
-
18

Total encroachers
30
18
48

* It has been assumed that the descendants are occupying their father’s encroached land and have not moved onto to add more encroachments.
# Since most of the post 1980 encroachments are recent, the original encroacher is the present encroacher.
Age assessment according to the Forest Department record
As per the Forest Department record out of the total number of encroachments only four cases, comprising of 7 encroachers, standing at serial no 9, 16-17, 20-22, 38 and covering an area of 3.19 Hectares are Pre 1980 encroachers. This can be compared to the estimate of the village FPC where the number comes to 30 (12 + 18 descendants), covering an area of 20.12 hectares.
Profile of Encroachers

Almost all the encroachers are from Som village – Ambamata Phala. They are tribals with the majority belonging to Ahari Clan.
There is not much difference in the socio-economic condition of the encroachers but some of the encroachers have politically backing and as such stand to gain more.
The original encroachers whose possession is shown as Pre 1980 are quite old and except a few most them reside in the village. They have agricultural land holding in the village, which is entered in revenue record as Khatedari (Private revenue) Land. Land ownership varies from 2-5 hectare.
The descendants of encroachers who are occupying land in the forest have rights of inheritance in the khatedari (Private Revenueland) agricultural land owned by their father. But in most cases the distribution of land has not been made although these descendants are major. Only in 4-5 cases these entries have been made.
Profile of the Encroachers
No of encroachers with Land in the village
(Agriculture and Wasteland)
Pre 1980 (12 including the 18 descendants)
Post 1980 (18)
Original Encroachers
> 2 ha. – 7
< 2 ha. – 4
Landless – 1
> 2 Ha – 4
< 2 Ha – 14




Types of encroachments
Pre 1980
Post 1980
No.
House
Field
Bada
Well
No.
House
Field
Bada
Well
Original Encroachers
12
18
12
5
3
18
8
6
6
0
Descendant Encroachers
18







Effects of Encroachment
Fragmentation of Forest Area
Though the total area encroached adds up to 25 Hectares approximately, yet this has resulted in about 100 Hectares of forest area getting degraded and unsuitable for development activities like afforestation and protection, land improvement (because of the fragmented nature of encroachments.) The encroachments have been made in depressions, nullahs, and on the gentle slopes for agriculture production, but in between a lot of the hilly land has been left out which is not fit for cultivation and which has forest growth. Every encroacher has not occupied the area contiguous to the earlier encroachment. Each one selects site suitable for his needs and in this process a large area is covered by encroachers where one can see small patches of encroachments. .
Further encroachments
There is a distinct possibility of more area being encroached in case some stringent decision is not taken. Even today people are constructing homesteads in the forest areas.
Privatization of the forest produce like Mahua
Though traditionally the villagers have rights over the forest produce, it still appears that most of the encroachers as well as others in the village have distributed the Mahua trees amongst themselves and thereby restricting access for others.
Reasons For Encroachment In The Area
After comparison of what the people say and what we obtained from the data we can derive a few general findings as follows.
Reasons pertaining to livelihood

Need for agricultural and grazing land: The villagers who have encroached forestland use the space for grazing and keeping their animals but gradually the cattle enclosures got perpetuated into permanent settlements and agriculture was also started there. Also each encroacher has acquired ownership rights of mahua trees in the portion of forest where he has encroached.
The space required for the cattle seems to be a factor, which encourages people to prepare enclosures in the forest clearings. This is proven from the fact that the animals stay in the forests for major part of the year except the summers when scarcity of water forces them to retreat back to the village. Moreover when a person thinks of encroaching on forestland the easiest way he adopts is to keep his cattle in a small forest area, which is not generally challenged by the forest staff. After few years he gets emboldened and starts clearing the growth and doing agriculture and starts settling in pastures.
The argument that the encroachment is being done by landless people does not seem to hold much water as most of the original encroachers had visualized that they will need some land for their expanding family in future and thus encroached on the available forest land.
NTFP (Mahua Ownership): As part of the forest settlements rights, collection of mahua flowers were given to the villagers but over a period of time, whichever family was collecting flowers from the tree started claiming ownership over them. The people have recognized this as well. Since traditionally these families have been collecting mahua from these trees people do not dispute the collection rights. The land in the forests lying near these mahuas is also therefore divided amongst the people where they move and stay during the collection season. In course of time some people have decided to clear the surroundings and also started bringing the cattle there. During other times it is actually the insecurity regarding the collection of produce, which prompts people to go to the forests and till it. (Fearing that somebody else might do it).
Settlement pattern (proximity to the village)
Most of these encroachments are actually satellites of some phala in the village depending upon the settlement pattern of the people there. (The cluster under study is a settlement of Asari phala). Incidentally most of the Phalas have such a settlement somewhere or the other. Therefore, it is not necessary that people who are residing closest to the forests are the encroachers In fact people who have lesser access to forests and are therefore in the need of grazing land tend to encroach. But at the same time once a family goes and settles in the village, people from their clan are also encouraged to go and provide them company. Generally, encroachers from the same phalla are easily accepted.
Apathy and Uncertainty of the Forest Department
The boundaries and internal lines drawn by the department at various points of time are both complicated or outdated for the villagers to make sense out of it. Most of the times the internal lines, made 30-40 years ago, have been crossed over and spilt further into the forest land. Therefore, while the maps show only 20-30 settlements the actual reality might be something like 5 times the number.
Improper Legal Action
The implementation of the forest regulations has left much to be desired. If the encroachment is not with the tacit approval of the department it might have occurred due to their utter negligence. Till today, there is uncertainty about the offence under which the encroachers have been booked. Either they themselves do not know or have not been told. The receipts that they hold pertain either to minor offences like cutting trees instead of recording the actual offence. Many a times, money has been extorted from them without any rational reason. As referred to by one of the villagers, usually the people from forest department come in the monsoons when the seeds have been sown and there is proof that encroachment has been perpetuated. Even today the homesteads are under construction!!
Uncertainty regarding land tenure rights
Most instances of encroachment on forestland as well as on bilanam (Revenue wasteland) or charnot land (Pastureland) are prompted by factors of uncertainty with respect to the boundary lines etc. Many people make the first move just to prevent other people from encroaching. In fact some of the people on good terms with the Patwari get to know which land is still unclaimed and thus are able to add to their holding.
S. No.
Name of the village
Area in Bighas
Area in Hectares
1
Garanwas
14179.16
2268.66
2
Som
5911.10
945.77
3
Bhamti
5173.14
827.70
4
Amlia
15.16
2.42
5
Karel
1398.04
223.68
6
Sigri
821.04
131.36

Total
27500.04
4518.4 Hectares
Rights of Multiple revenue villages on a Forest Block
The area of Som falling under Som II Forest block was notified under the Section 4 of the Rajasthan Forest Act in the year 1954. (First gazetted notification F.34 (200) R.F/A/53/12188 dated 2/2/1954 published in the gazette dated 10/4/1954.) After hearings under the Forest Settlement Rules it was finally notified in the Rajasthan gazette vide F. 7 (59) R. F/A/67 Dated 25/4/1967. The total area of the Som Forest Block Part II is 4518.4 Ha. and it includes land of the six villages as mentioned in the table below. This is not demarcated on the ground except that entries have been made in the Revenue records for the complete area. This multiplicity of rights of many villages over a particular forest block without clear-cut demarcation of village land leads to inter-village encroachments and subsequent boundary disputes.

Political Interference and influence
Political instigation is also one of the factors for illegal encroachments.
Box 1: The sad plight of the Aravalli Afforestation Plantation in Som
The Aravalli Afforestation Project initiated JFM in Som in 1997. A forest protection committee was formed mostly on an ad hoc basis. Heeralal, a former wardpanch who oversaw the work of boundary wall construction was made its head. A women’s sub-advisory committee too was constituted on the suggestion of the guard Inderlal (posted under the Aravalli project). This committee carried out plantation on 50 hectares in Chauhan phala (Gohalli) and 50 Hectares in Sagiya Phala and also guarded it for some time. The plantation in Sagiya phala was close to the village and therefore people from the neighborhood destroyed it by grazing their cattle. The plantation by forest department in Gohalli survived for two-three years some time. The FPC also tried to guard the plantation for some time along with the forest guard living in the region.
But fate had something else in store for the plantation. Lakshmilal Chauhan, an influential person in the village had his Mahua trees and encroachment in the same area and therefore simply could not see it being taken away from his possession. The encroachment was there since 1980 and had even been penalized by the forest department. Some people say that in order to remove this encroachment, plantation was conducted. This did not go well with him and so he let His cattle into the planted area and destroyed it. The villagers took this issue very seriously. People from his own hamlets and other villagers took up the matter in their own hands and destroyed his hutment.
But he was not the one to accept defeat so easily. His son was a doctor and his son’s father-in-law was member of legislative assembly. Using his influence he managed to "legalize" his encroachment (quoting him). Later on the forest officials refused to take any action under the influence of this minister and thereafter the villagers lost heart took little interest in protection of either the plantations or the forest in general. After the encroachment dispute whatever little protection was there subsided and the plantation is dying a slow death.
There is no denying the fact that his being the biggest landholder in the village had also helped him in becoming the biggest encroacher. This resulted in other encroachments getting strengthened. They have time and again been disputed in the village. Now these people allege that since the influential people cannot be vacated who are actually owners of substantial property in the village, the landless people should not be asked to vacate.
Thus the FPC’s opinion is that though the village had not taken outright objection to the people who are landless, they have always opposed unlawful possession by the powerful.
Opposition to Encroachments – (Who objects to encroachments?)
At the village level generally the Panchayat or Patwari (Revenue Official) or police officials do not interfere in forest encroachments. The police department interferes only in case the forest department makes a complaint. Influential people, local politicians etc. doing encroachments are not opposed by people. But in the past as well as currently, people object to encroachments in their forest area by villagers of other villages that have no rights over that particular forest.




People’s perception of Encroachment & Regulation process
hen the FPC members were asked about their reaction to encroachments and regularization there were diverse opinions. Quite a few said that not all encroachments should be regularized, but only a few. Old encroachments, 20-25 years old, may be regularized. They also felt that descendants of original encroachers might be provided land, which their forefathers have encroached. They also expressed that they do not want further encroachments to take place in the area. Therefore, they have proposed an area for JFM within their village boundary as they feel, otherwise, it will be encroached upon.
There was a general consensus on the need for forests and their protection. The villagers are protecting 200 Hectares of Forest area in Som part II on their own volition and have framed rules to protect it. According to them, only a few who are politically motivated favor such encroachments. There are also cases of some laxity as well favors from the forest department. In this particular case they all gave the examples of encroachment by Lakshmilal Chauhan and Kamal Lakka Ahari (Serial no 38) whose encroachment has been regularized/ignored because they had political backing. Such acts of the government encourage others to indulge in similar illegal activities.



Issues for Policy consideration

ssessing the Period of encroachment (Pre and post 1980?)
It is very difficult for an outsider to assess the period and extent of encroachment based on the assets. Only the community (especially the older generation) can verify the period and extent of encroachment. During the focus group discussions we found that it was the older generation that generally keeps track of the happenings in the village therefore they knew about the encroachment dynamics. Though no formal records are there but these facts can be recalled through mutual discussions. Otherwise this can be verified only through the record of the forest department or any other record kept by the encroachers.
Inheritance rights over the encroached land (Original or the present?)
The study amply proves that at present, in most of the cases, the descendants of original encroachers are in possession of encroached land. These descendants moved to the area not more than 10-12 years back. It will have to be decided whether the land can be regularized in the name of descendants who are presently occupying. The community has a feeling that descendants have right to land encroached by their ancestors.
Actual release of forest area
The area of forestland, which would be adversely affected due to regularization, would be at least 4-5 times of actual area released. It is amply clear from annexure (map showing encroachments) that the spaces between encroachments cannot be used for any other purpose. During the transects, many instances of destructed forest wealth in between the fragmented encroached area could be seen.
Regularization of forest lands – Is it a lasting solution?
Almost all the encroachers have land in the village inherited from their father but perhaps a stage will come soon when further fragmentation of land would not be possible. Government will have to think of some alternate source of providing relief to the coming generation, as there will be no land available for allotment in the village. Regularization of forestlands is not a lasting solution to the problem of livelihoods of people living around forest areas. If nothing is done in this regard there will be further new encroachments in the forest areas.

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