This was the consensus that emerged at a day-long “Public Hearing” held at Bhopal to assess how effectively the Act was being implemented in Madhya Pradesh. Tribals from various parts of the state related sordid stories of how their rights were being trampled upon by the authorities. What to talk of recognising the rights of the tribals on the land they were tilling or were living upon for decades, they were being thrown out of the land under their possession.

A group of youngmen, who had come from a forest village in Katni district, about 400 kms from Bhopal, related how, when they refused to vacate the land in their possession, they were arrested on the charge of being Naxalites. They were taken into custody in the dead of the night and were not even allowed to wear their clothes before being whisked away by the police. Some of them went only in their underpants. They were kept in illegal detention for more than a fortnight. Ignoring the Supreme Court directive that requires the police to give information within 24 hours to the family members of an arrested person, their families were not informed of their whereabouts. They were released only after the women members of their families launched an agitation. The young men were very bitter. They said that though at present, they had nothing to do with the Naxalites, but if they were continued to be treated like this by the authorities, they would be forced to join the ranks of the Naxals.

Many similar stories of arbitrary behaviour and highhandedness of the authorities were related at the hearing. Former Madhya Pradesh chief secretary SC Behar and former chairman of the National Scheduled Tribes Commission Dilip Singh Bhuria were among those who constituted the jury at the hearing.

The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act was enacted in 2006 and came into force in 2008. The Act seeks to recognise and vest in the forest dwelling STs and other traditional forest dwellers, forest rights and the right to occupy forest land. This was meant for the welfare of the forest dwellers, who have been residing in forests for generations but whose rights could not be recorded or recognised. The Act provides for a framework for recording the forest rights, so vested and the nature of evidence required for such recognition in respect of forest land. The Act says that the “forest rights of forest dwellers on their ancestral lands and their habitat were not adequately recognised in the consolidation of State forests during the Colonial period as well as in Independent India, resulting in 'historic injustice' to the forest-dwelling STs and other traditional forest dwellers, who were integral to the very survival and sustainability of the forest ecosystem.”

The Act, thus 'aims to address the long-standing insecurity of survival and access rights of forest dwellers, including those who were forced to re-locate their dwelling due to state development intervention”

After the enforcement of the Act, tribals and others who were living in forests were supposed to furnish their claims. Accordingly, around 4 lakh claims were filed in the state. These claims were first placed before the Gram Sabhas concerned. Out of these, the Gram Sabhas cleared 2.96 lakh claims, which were forwarded to sub-divisional level committees. They forwarded 3.89 lakh claims to the district level committees, which approved only 1.23 lakh cases and rejected the remaining ones, Thus, almost 70 per cent of the claims were rejected. Why such a large number of claims were rejected, remains a mystery. The obvious implication is that those whose claims have been rejected will be thrown out of their dwellings in the forests. In fact, the move to eject those whose claims have been rejected has already begun, complained those who deposed at the Public Hearing.

They complained that they were forcibly ejected from their houses and from the land they had been tilling for decades. This campaign is being conducted by the Forest department. In many cases, the tribals complained, the standing crops were destroyed and trees were planted on their land. Those who try to re-occupy their land were charged with destroying tree plantation done by the Government and are sent to jails. Many such instances were cited by the affected persons. They said that the Act was being used to take away their rights. They were being declared encroachers. They suspect that subsequently, their land may be handed over to influential members of the rural establishment. They rued that despite the rejection of such a large number of claims, Madhya Pradesh was awarded for “outstanding performance” in the distribution of “Pattas” to claimants of forest land.

Besides MP, Andhra Pradesh, Himachal Pradesh, Gujarat, Orissa, Maharashtra, Jharkhand and Chhattisgarh have substantial tribal populations. However, MP has the largest tribal population in the country.

Not only the affected tribals but even the Union home ministry and the Union ministry of tribal affairs have expressed their concern over the large-scale rejection of claims in the state. A note sent by the Union home secretary to the state government points out that “About 70 per cent of the claims have already been rejected without giving the claimants an opportunity for lawful hearing. No proper opportunity has been given to any tribal people, who hold a lawful right on the land in their possession. No fixed procedure has been laid for proper disposal of the applications”.

The home secretary also admits that “Many atrocities by the Forest department were reported from the tribal areas of MP. Primarily, the forest department has been established for the management of forests and forest lands. Secondly, the department has been given the responsibility of environmental protection and conservation of wildlife. Thirdly, the department has been assigned the responsibility of conservation of bio-diversity. Tribal people residing in the Scheduled areas of the state are very unhappy with the unlawful activities of the forest department. The role of the department and its activities are required to be redefined in the present circumstances, in the light of the provisions of the Panchayati Raj Adhiniyam”.

Similarly, the ministry of tribal affairs, Government of India, through a note dated July 22, 2010 states, “The status of implementation of the Forest Rights Act was recently reviewed at a very high-level meeting. ….Concerns were expressed regarding the high rate of rejection of claims, difficulties faced by claimants in accessing the requisite evidence and delays in the handing over of lands”. (IPA)