On 12th August forest department had displaced about 15 tribals families from their occupied land, which is in-possession of them, from long generations. Forest department destroyed crops and caned children and women, forest employees in command of ACF rank officer reached to Hayla village, which is in Ggunda block of Udaipur district, along with police protection to displace villagers. Before displacement they did not issued any legal notice, and illegally displaced them. According to forest right recocnization act 2006,before the physical verifications of FRC, (forest right committee) approval of gramsabha, examine of sub divisional and district level committee, displacement cannot be done.
This is not first time, unending displacement is continued since 1980 and every year in rainy season forest department intentionally displaced and destroyed their crops. Poor tribe's who doesn't have any other source of survival are facing false charges of encroachment and so many times they had gone jail also. Thus tribals are getting economical lose and facing food scarcity. Tribal department who is responsible for implementation of this act is not taking any solid action against forest department. On12th August Jungle Jameen Jan Andolan had given a memorandum to additional tribal commissioner about illegal displacement.
Behalf of the memorandum additional tribal commissioner issued a notice to forest department and warned that it should be not done over again.
Last 25th July during the agitation of jungle jameen jan andolan Tribal commissioner gave a written assurance to prevent illegal displacement and properly implementations of forest right act. But forest department is still not agreed about it and disobeying to all orders and provisions. After this illegal displacement effected tribals went to police station to lodge FIR but police did not accept their report. This is very important to mention here that physical verification by the FRC is under process, FRC has given in written to forest department already about this process. Some claims are pending at gramsbha level for further procedure.
More then 15 tribal farmers has been effected due to illegal displacement.
Name of effected tribal families
1- Baburam s/o Punaram
2- Nagaram s/o Thawraram
3- Mohanlal s/o Punaram
4- Pancharam s/o Ngaram
5- Baburam s/o Bhagaran
6- Devaram s/o Somaram
7- Ditaram s/o Gamaram
8- Motilal s/o Jetaram
And some other tribals are also included in it.
Jungle jameen jan andolan has condemn in a press release about this atrocity and demand to stopped the displacement and compensation for effected families.
Devaram s/o somaji and other 55 tribal farmers are cultivating forestland since 1957 have a proper legal evidence to prove their possession on forestland. This land is only resource of their survival.
They have notice, receipts, and court judgments, reports of cases, which have been done under the Rajasthan land acquisition act 1956(section-91) and forest conservation act 1980, by forest department during this long period, they had gone jail about three times due to so called crime of encroachment on forestland.
In 1980 forest department had filed case against them to encroach on forestland first time after passing the forest conservation act 1980,this case was filed on 19-8-1980,
That time forest department had burnt their houses and destroyed their crops. Forest employee Mr.Doulatsingh had filed the case (case no.1193/15 dated-18-8-1980) to cultivate the forestland against 9 tribals under the forest encroachment offenses. Tribals names were 1-Chuma s/o Thavra,
2-Pancha s/o Naga
3-Movna s/o Ena
4-Puna s/o Thavra
5-Naga s/o Thavra
6-Babu s/o Puna,
8-Jalma s/o Puna
8-Jalma s/o Puna
9-Hara s/o Lala and some other tribals were involved in this case whose names were
1-Nava and 4 others v/s forest department-acquitted in 1987
2-Mega-s/o Rupa v/s forest department- acquitted in 1986
3-Bhaga s/o Gama v/s forest department- acquitted in1985
4-Lasma-s/o Jalma v/s forest department- acquitted in 1987
5-Bhaga and 9 other tribal's v/s forest department- acquitted in 1986-which is already mentioned above, acquitted in-1986
6-Soja-s/o Kana v/s forest department- acquitted in1986
7-Deva s/o Saga v/s forest department- acquitted in1986
8-Vagta s/o Pitha v/s forest department- acquitted in 1986
9-Bhikha and 10 other tribals' v/s forest department- acquitted in 1987
10-Mansa s/o Tota v/s forest department - acquitted in 1985
11-Chamna s/o Karma v/s forest department- acquitted in 1986.
All tribals had been acquitted by court. All allegations, which framed by forest department on tribals, were proved false in the court.
On 5-9- 1980 a notice (notice no.337) was issued to 6 tribals to encroach on forest land by name of- Maga s/o Bhera
Kana s/o Maga
Thavra s/o Maga,
Soma s/o Dhira
Saga s/o Soma
Gama s/o Deva
During the year of 1980 forest department employee Mr.Doulatsingh had draft a map of forestland closer that land is still in-possession of these tribals by name of Tbarni ka khet, Maki ka khet, Bina ka khet Gurjrion wala khet giyana wala chaper,Bujaria wala khet,Nanka buj wala khet,Jivla bor, Thla wala khet. This whole land comes in Padrada forest closer. Kumabhalgarh forest range in charge Mr.Narpat Singh also made challan in same time.
In 1963 and in 1982 tribals had written a registered latter to state forest minister and DFO of forest department to regularize their occupied forestland.
In 1995 again the forest department had lodge fir against the 20 tribals to encroach on forestland and sent them jail under the offense of encroachment and cultivation of forestland.
Tribals name were.
-1 Deva s/o Soma
-2 Saga s/o Soma
-3 Moti s/o Jota
-4 Sava s/o Gama
-5 Kana s/o Hanja
-6 Kokia s/o Kala
-7 Babu s/o Hanja
-8 Rena s/o Jaga
-9 Babu s/o Puna
10- Mohan s/o Puna
11 Pancha s/o Naga
12 Soga s/o Puna
13 Moti s/o Surma
14 Bhura s/o Moti
15 Bhura s/o Jota
16 Nathu s/o Moti
17 Sapa s/o Chamna
18 Bhana s/o Gama
19 Babu s/o Bhaga
20 Soga s/o Puna
This case is still under the considerations of honorable court in Gogunda.
On 30th September 1999 forest department employees had kidnapped to four tribals from their houses. They had committed misbehavior with women. Forest department had framed false case on them.
Tribals who had kidnapped by forest department employees were.
1-Nagaram s/o Thavra
2-Bheraram s/o Soma
3-Chaparam s/o Chamna
4-Rama s/o Bhura
Tribals of Hayla village had given a memorandum to tribal commissioner about it.
Gram panchayat VISMA had passed resolutions in favor of tribals about four times. This period was 2001 to 2004.according to these resolutions they have proper evidence. In resolutions gram panchayt had recommended about regularization of their occupied forestland.
In year of 1997 effected and deceived from their rights the all 56 tribals had sent their name to state government through JUNGLE JAMIN JAN ANDOLAN (JUNGLE JAMIN JAN ANDOLAN is none political people organization which is working and struggling for tribal land rights since 1995). This organization conducted a survey in 1997 and made a list of those tribals who were having possession on forest land earlier 1980.after the negligence of state government to implementation of forest conservation act 1980 and after denied by forest department that there are not more then 5395 forest dwellers entire Rajasthan. Jungle jameen jan andolan had started randomly survey in few selected parts of southern Rajasthan and list out about 17856 forest dwellers to show that there are thousands of forest dwellers in Rajasthan and submitted to tribal commissioner, state government and also ST SC commission of India.
Deceived and effected tribals of HAILA village again filed their claims to district collector of Udipur in the year of 2003 under the forest conservation act 1980(section-FP/I) with thousands of tribals through jungle jamin jan andolan, and also filled up a information form themselves, in that form they had mention about their occupied land.
In 1998 one more case had been charged by forest department on 8 tribals to encroach, cultivate forestland, and caned by the forest employees and sent them to jail.
Tribal's name were-
1-Asha s/o Soma
2-Virma s/o Naga
3- Mohan s/o Puna
4- Choga s/o Puna
5- Sapa s/o Babu
6- Pancha s/o Naga
7- Jalma s/o Puna
8- Sava s/o Chamna
These all tribals were acquitted by court, because during the proceeding Mr. Govind Singh employee of forest department admitted, that under the section 91 cases is already pending against the tribals (it means tribals are having this forestland in their possession) court has released them on 13-7 2006.
In the year of 2007 again the forest department has displaced them and destroyed crops and department filed case on 16 tribals, this case is sub judicial at present
. Tribals name were….
1-Mohan s/o Deva
3-Babu s/o Puna
4-Naga s/o Thavra
5-Movna s/o Ena
6-Mega s/o Rupa
7-Soja s/o Puna
8-Bhaga-s/o Gama9-Jalma s/o Puna
10-Vagta s/o Pitha
11-Kana s/o Maga
12-Hara s/o Lala
13-Deva's wife along with two other women was included.
Mohan s/o Deva had gone jail, after 14 days he was released on bail. This case is also pending in the court.
The story of these tribals is very horrible. They have been hunted and exploited by this system after the independent, and still facing unending exploitation of insensitive bureaucracy.
This case is an example of feudalism, autocracy and fanaticism of irresponsible and insensitive government system. Tribals have been ruined and stamped under the boot of the feudal mentality bureaucrats.this is a very big man made disaster, which, is facing after the independent also. Tribals are getting unending loot and terror inheritance, which have been fabricated by this system.
Mohan is one of the victims. Who got this exploitation by birth like other tribals young-men Mohan's grandfather had cultivated the forestland before 60 years for his family livelihood. Everything was normal till 1980 in 1980 first time forest department filed case. When the forest conservation act 1980, came in force, story of exploitation have been started, which is still going on. Forest department had issued notice to Mohan's grandfather in 1980.
In that notice forest department had framed allegation to cultivate forestland.
According to notice his possession was after 1-7-1980 therefore he was not entitled of land, which was cultivating as per record from 1957.
Firstly the terror, exploitation and the story of destroy had been started in 1980 with the all-56 tribals along with Mohan's family. Now Mohan's son is growing up and we think that in this condition he will also get same inheritance, which is got by his father from earlier generation.
In the name of tribal development so many acts and scheme have been started in this country. Two major acts have been passed till now to give the traditional forest rights to tribals, who are oldest citizens of this country. But on the ground level there are no any rights for tribals.
The GANGA (river) of development, which, is began from parliament for deceived poor class, dried before reaching at village level. The water this river of development drunk by the so-called insensitive leaders, brokers and government employees in the midway. The attitude of forest department is lower then Britishers the unending struggle is going on up to endless time.
Provisions of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006
This act has been given three main rights to tribals and other forest dwellers.
1-Right to cultivation of land (not more then 4 hectares or which is in-possession of cultivators).
2-Right to minor forest produce to collect, sale and use for livelihood.
3-Right to conservation of the forest (Including biodiversity, indigenous knowledge as a community rights)
I want to explain here on main provisions of the act which are very important and crucial protect the forest rights in favor of tribals, but forest department is disobeying these provisions.
Section 4 (sub-section 5) says…. save as otherwise provided, on member of a forest dwelling scheduled tribe or other forest dweller shall be evicted from forest land under his occupation till the recognition and verification procedure is complete.
Section 8 (sub-section) says…the forest rights recognized and under this act shall include the right of land to forest dwelling scheduled tribes and other forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to state development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition.
Section 3. (1-m) right to in situ rehabilitation including alternative land in cases where the scheduled tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.
According to the forest rights act rules the procedure of entitlement should be complete within three month from day of gram sabha.
In gram sabha forest right committee will be elected by two third majorities of members.
Gram sabha will be identifying of claimants.
List of claimants will be given to forest right committee and according to the list sub divisional level committee will be provide claim forms to forest right committee as per demand.
Forest right committee will go for physical verification at the spot.
After complete verification forest right committee will be put up in gram sabha for approval of claims.
After approval of gram sabha claims will be send to sub divisional level committee for examine.
After examine by sub divisional level committee claims will be send to district level committee for entitlement of pattas.
According to the recent press release of Tribal ministry of India, till now in Chattissgarh 2.50 lakh, Andhraprdesh 2.30 lakh, Madhyprdesh 1.30 lakh, Gujrat 33.185 thousand, Orissa 77.899 thousand, Maharhastra 75000 thousand claims have been submitted till now. But none of claim has been submitted in Rajasthan, which is showing that Rajasthan government does not want to give forest rights.
Forest department is taking advantage of this misrule and displacing to forest dwellers.
Tribals of Hayla village are one of the victims of forest department due to misrule.
At village level no claim forms are available to claim individual or community forest rights. No role of forest right committee in physical verification process.
MoViEs To mOvIeS
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