24th July, 2008Forests Rights Acts1 Right to Forest WRSSF Capacity Building Fr. James Mascarenhas s.j. 24 th July, 2008

Forests Rights Acts2 Forest Rights Act 2006: Scheduled Tribes and other Traditional Forests Dwellers (Recognition of Forest Rights) Act 2006

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.3 Background  For many years tribals encroaching forests lands were considered robbers, intruders, encroachers.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.4 Current Status  Today, the new Act recognizes them as ‘Masters’ and ‘Owners’.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.5 The Reality…  For many years the tribals were not trusted, they were kept away from the forests

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.6 The Act…  Today, the new Act even gives them responsibility for taking care of the Forests.

24th July, 2008Forests Rights Acts7 How did this great change come about?

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.8 New Forests Rights Act 2006  The new Forests Rights Act was passed in 2006 and came into effect in January  Why this abnormal delay when normal Acts come into effect within six months?

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.9 Who has Rights over Forest and Forests Lands? 1. Tribals 2. Traditional Residents of the Forests (75 years)

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.10 Conditions for being recognized as ‘Owners’ of Forests Lands and holders of other rights in the Forests 1. They should be Adivasis 2. Permanent residents of the Forests 3. Cultivating Forest Land 4. The Forest Land must be their main source of subsistence. 5. They must be in possession of Forest Land on and before 13/12/ They must be in possession of Forest Land on 1/1/2008 – the day the Forest Act came into effect.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.11 Lands given by Govt. on Lease  Tribals become the owners of any land given by the Govt. or any public body on lease or grant, even if they do not have possession of the same.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.12 Rights of Tribals 1. Land to be put in the name of husband and wife. 2. Land can pass on only to heirs, it cannot be sold. 3. Adivasis have a Right to take care of – protect and nurture – Forests. 4. Even houses and lands on which the houses stand to be regularized 5. They are also entitled to many Community Rights

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.13 Community Rights 1. Grazing Rights. 2. Right to obtain wood for houses and agricultural implements. 3. Firewood. 4. Collect minor forests produce like honey, medicinal plants, tendu leaves 5. To hunt small animals like rabbits, which are not in the prohibited lists. 6. Use of places in forests, traditionally used for yatras, holy festivals etc. 7. Fishing. 8. Cemetery.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.14 Other Community Rights  Land should also be granted for schools, dispensaries, electric poles, roads etc.

24th July, 2008Forests Rights Acts15 How much land is sanctioned per family? Ten Acres per Family.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.16 Procedure for transfer of lands on the name of Adivasis 1. Preparation of maps of fields and house which are in forests land. a. Mark boundaries of fields and houses with neighbours as witnesses. b. Measure the length and breath of the land and calculate the area. c. Prepare a map of the plot and get the signatures of the neigbours as witnesses on the maps.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.17 Procedure for transfer of lands on the name of Adivasis 2. Get all the necessary proofs ready (see guide pg. 14) 3. Fill form A, for the transfer of personal lands and 4. Fill form B, for the transfer of community rights. 5. ‘Jawab’ and ‘Panchnama’ to be submitted along with the form. 6. Submit form to Gram sevak or the Secretary of the village forests rights committee and take an acknowledgement.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.18 Scrutiny of Forms  The forms are scrutinized by three committees. 1. Village Forests Rights Committee. 2. Sub-divisional Committee. 3. District Committee.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.19 The Village Forests Rights Committee  The Village Forests Rights Committee consists of 10 to 15 members elected at the Gram sabha.  One third of the members must be women.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.20 The Village Forests Rights Committee  The committee has rights to ask any department for documents and proofs needed by the people.  The Committee inspects the actual site, makes verifications and finally presents its recommendations to the Gram sabha.  The Gram sabha then decides whether the application should be approved and sent to the divisional committee or not.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.21 The Sub-Divisional Committee  This committee consists of three government officials and three leaders at the sub-divisional level.  They scrutinize all forms and make their recommendations to the District Committee which finally makes the award.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.22 Appeals  When any application is turned down by a committee, an appeal can be made to the higher level committee.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.23 Problems encountered by people 1. Many have lost court and government proofs regarding their possession. 2. Some people especially in the Village Forests Rights Committee are against them. 3. Many leaders are demanding large sums of money. 4. Many people do not know how to fill their forms.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.24 Care to be taken 1. Fill forms carefully, it may cost you your land. 2. Elect good members of the Forests Rights Committee (FRC). 3. Settle all fights and disagreements at the local level and as soon as possible.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.25 Care to be taken 4. Don’t forget to get and preserve acknowledgements of your applications given. 5. Keep xerox copies of your applications, it may save you a lot of trouble later on. 6. Don’t neglect the filling up of Form B, for Community Forests Rights.

24th July, 2008 Forests Rights Acts - Fr. James Mascarenhas s.j.26 Action Plan  Get copies of the Forests Act and Rules from the Internet  Explain the Act to villagers in simple words.  Make use of videos if available.  Train people in filling up forms properly.  Organize trainings for social workers and village animators to help them guide villagers.

24th July, 2008Forests Rights Acts27 Questions…Discussion Thank You