Tribals urge state to intervene in vacating HC stay over legislation to protect rights

Chennai:

After more than six years of Union government passing the historic The Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act’ 2006 to protect the rights of forest dwellers and tribals, the legislation has yet to be implemented in state after being caught in a legal tangle and tribals are pinning their hope on the AIADMK regime to initiate steps to vacate the court stay and implement it.

At the state consultation on Tribal Sub Plan – Perspective and Implementation and Forest Rights Act 2006 here on Friday, Tribal associations and rights group blamed the then DMK Government of failing to initiate action to vacate the stay on the state notification obtained by a retired wildlife warden in 2008 and urged the AIADMK regime to take steps to vacate the stay.

Ranganathan, state convenor of Tribal Association for Fifth Schedule Campaign Social Watch (Tamil Nadu) said that Tamil Nadu is the only state to have not implemented the act and the previous DMK regime failed to initiate any action to vacate the stay. “In Orissa, a similar stay was obtained against the act but the state appealed to it and it was later vacated by the High Court. Similarly, the state government here should take steps to vacate the stay to help push for inclusive growth,” he pleaded.

Interestingly, even the Union government has lamented that the legislation has not benefited majority of forest dwellers and tribals even after the lapse of five years of enactment of the law. The act recognizes the community rights, such as right to minor forest produce, grazing areas, water bodies, habitats of primitive tribal groups, pre-agriculture communities, pastoralist routes.

Human Rights Advocacy and Research Foundation Ossie Fernandes said though the act confers full ownership of minor forest produce everywhere, tribals are prevented by forest authorities to collect and use the produce.

Interestingly, the tribals are being prevented to rear cows and cattles in forest. “How will the government schemes of free cattle and goat benefit us when we can’t provide them with food,” lamented a tribal.

Surprisingly, in Erode hills, grass used for broomstick valued over several lakhs was made to rot because of forest department restrictions imposed illegally, allege tribals.

Tribal associations also urged the government to have public consultation with tribal associations before allocating Rs 350 crore under tribal sub plan. “The funds allocated for uplift of tribals never reach us,” Ranganathan said alleging that forest department is using the funds to plant alien species in forest land threatening the livelihood of tribals.