Indigenous people assert their rights over Sundarban Forest, India
Below is a summary of the observations and recommendations made by the Panel
1. The West Bengal government and related departments/ministries have made no effort to spread awareness about such an important legislation
as the Forest Rights Act (FRA) among the people, Forest Department/Revenue Department/Social Justice ministry officials and the state police. Immediate measures need to taken to provide training and awareness among the above mentioned people about the provisions of the FRA.
2. The state government should constitute functional Gram Sabhas in all villages of Sundarban as they are recognized as the authority to initiate the process for determining the nature and extend of individual/community forest rights.
3. The women community members have raised complaints on charges of molestation, verbal and physical abuse against the FD staff. Immediate penal action should be taken against those FD staff and steps should be taken to set up Special Women’s Cell in the region for the protection of victims and their identities from violence and the vindictive action for their depositions.
4. There are prima facie reasons to file cases against the FD staff and State Police under sections of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The state government should take immediate measures to institute a compliance mechanism as mandated under the SC/ST (PO) Act.
5. There is a total violation of the rights of the communities in terms of the monopoly exercised by the Forest Corporations in the trade of minor forest produces (MFPs), particularly, honey. The state government should facilitate the forest dependent community towards the formation of co-oporatives/federations which should be allowed full freedom to sell such MFPs on profit.
6. There is rampant corruption and illegal money transactions involved in the allotment and usage of the Boat License Certificates (BLC). The State Government should issue directions to the concerned officials of the Forest/Revenue Department not to create such obstruction in their livelihood through MFPs such as fish and other products of water bodies.
7. The method of demarcating areas as (arbitrarily) as buffer/core area or extension of core area is done in an unscientific and illegal fashion without following the provision of FRA. The trawlers and tourists are allowed into the core areas, whereas the villagers are kept out. Under the cover of changing the core areas, the forest rights of the forest dependent communities cannot be affected. 8. The forest dependent community should take inspiration from the verdict of the Apex Court in the case of Niyamgiri in which the Supreme Court of India has considered and asserted the legal and constitutional rights as provided in the FRA.
8. The West Bengal Government needs to consider the decision taken by the then UP Government in settling the claim by the traditional forest dwelling community in Surma village, Dudhwa National Park and make similar efforts to serve the people’s interests.
9. Efforts are being made to dilute the provisions of the FRA by parties with vested interests. Any efforts in this direction will neither be in the interest of the communities nor in the interest of the protection of the wildlife, forest and biodiversity. The vesting of forest rights is absolute in nature and can be tinkered only after verification and determination by the Gram Sabha.
10. All existing laws have to be brought in harmony with the provisions of the FRA as it is an existing central legislation that recognizes the traditional land rights of the forest dwelling communities.
11. Along with the failure of implementation of the FRA, the Sundarban region reflects a basic failure in governance. The only forms of governance familiar to the people are the Khakhi clad men, the Forest Department and the Police. There is no role assigned in the FRA for the forest officials and revenue officials/police to obstruct or cause harassment to the forest dependent community in any manner.
12. Though there is a growing trend of tiger attack on habitats and people, eviction of traditional forest dependent communities or trivialized implementation of technological solutions will never resolve the human-animal conflict. The solution for this and saving the Royal Bengal Tiger is the creation of stronger ecological habitats, with the community playing the lead.
13. There are also related social and economic hardships faced by the people of Sundarban; like mass migration of men, human trafficking including flesh trade, ransom based dacoit kidnaps, etc. It is a reflection on the failure of the state in assuring the basic livelihood and human rights of the people.
