1. travel
2. tourist destinations
3. national parks

A
STUDY ON
CBM AND RESOURCE USE
PATTERN OF TRIBAL OF
GUDIPADA IN SEMELPADAR
VILLAGE
2007
Nihar Dash
15 Sahid Nagar, Vasundhara
Bhubaneswar
CONTENTS
Chapters
Particulars
Page
1.
Introduction
1-33
2.
Review of Literature
34-36
3.
Research Methodology
37-41
4.
Result & Discussion
42-71
5.
Summary & Conclusion
72-74
6.
Appendix
1-9
1
Chapter-1
INTRODUCTION
Rich biodiversity is an indicator of the health of a particular habitat and its potential to
sustain life. During the past few centuries biodiversity has come under tremendous
pressure not only due to shifting of developmental paradigm but also due to the control
over the resources from local to global. Probably due to this we have lost many species
of flora and fauna and now many species are on the verge of extinction.
According to the recent Red List data, in 2004 the number of plant species that has been
evaluated was 11,824, out of which 5328 species were under the category of threatened
during 1996-98 and in 2004 this number has reached to 8321, which means in an average
438 plant species have been added each year under the threatened category. And loss of
each species has direct implications on the sustainability of the planet.
India’s biological diversity is one of the most significant in the world. About 45,000
species of wild plants and over 77000 species of wild animals have so far been recorded,
together comprising 6.5% of the world’s known wildlife. However, many plant species
all over the world are on verge of extinction and the rate of extinction of plant species in
India is perhaps highest in the world. For example about 150 species, which were
collected 100 years ago, have not been spotted in the recent past.
Conservation is a means, which tells about the management of the natural resources of
the earth, taking into consideration their proper use, preservation and protection from
destructive influences and misuse. Conservation of Bio-diversity and Wildlife is an
essential part of environment. By conservation, we do not mean merely preservation, but
the utilization of renewable natural resources in such a way that they are not allowed to
destroy but are to be used in a more sustainable manner.
2
Over a period of time various policies like Wildlife Protection Act 1972 (amended 2002),
Environmental Protection Act 1986 and Biological Diversity Act 2003 have been enacted
to preserve and conserve the Bio-diversity. However, when one observes the ground
realities, the spirit of the policies and its process of implementation do not compliment.
The premises of the policies have certain lacunas like the exclusion of the human
habitation from the Protected Area, the idea that co-existence of human and flora and
fauna is impossible, eye washing the Conservation policy where commercial interest is
concerned etc., This not only creates disparity between the human and the wildlife but
cause a huge blow to the traditional culture of the indigenous group which is on the brink
of extinction.
“Does the Conservation Policy really conserve bio-diversity?”
1. Is wildlife and biodiversity conservation possible without conserving forest dwellers
and their livelihoods”?
2. “Are the human being not part of eco-system?”
3. “Is present attitude and approach of policy makers especially the politicians and
bureaucrats conserving the wildlife and biodiversity?”
4. “Is co-existence between people and animal possible?”
5. “Is existing laws par with the International Treaties signed/promised by the
Government of India?”
These few questions arise from the nature Conservation of Wildlife and biodiversity. The
legislation and the policy makers assumes that people and Wildlife don’t co-exist and that
the only way fragile ecosystems can be kept intact is by keeping people out of them. This
ideology is largely borrowed from the western conservation, which itself is based on the
separation between humans and nature originating in Christian percepts of stewardship.
Like many of the ideological constructs borrowed by India’s ruling elite from the West, it
also ignores the practical realities of the forested regions of India, where millions of
people have lived in harmony with nature for millennia’s, and the syncretism traditions of
3
Hinduism and Buddhism, which treat human beings as just a part of NATURE
(“prakruti”).
The dominant conservation ideology and policies ignore that millions of advasis have
been traditionally living in the forest and depend extensively on the natural resources for
their livelihood. At least 3.5 million people are living inside the Protected Areas.
According to a study carried out in the mid 80’s by the Indian Institute of Public
Administration, around 69% of the PA’s are inhabited by people. Most of them have
lived in these areas before their notification as protected areas. As per the laws and
policies of conservation, all these people don’t belong to Protected Areas before their
notification as protected areas and therefore must be displaced. The laws also impose
strict restrictions on their basic livelihood needs such as forest product collection, grazing
etc. Creation of protected areas is done without any democratic consultation or
participation by local people and thereafter-strict restriction are imposed without any
compensation. This has generated resentment and antagonism towards the very concept
of conservation amongst the local forest dweller, and has created major conflicts in and
around protected areas.
What is protected area (PA)?
A Protected Area is defined by the convention on biodiversity as a geographically
defined area, which is designated, or regulated and managed to achieve specific
conservation objectives.
The first section of the National Wildlife Action Plan (NWAP) says – the establishment
of network of PAs such as National Parks [NPs] and Sanctuaries [WLS] and the
Biosphere Reserves [BRs] to cover representative samples of all major life ecosystems
and with adequate geographic distribution. It is clear therefore that the Protected Area
may be legally established National Park or Wild life Sanctuary under the provisions of
4
Wildlife (Protection) Act, 1972.
Objectives: To protect nature and maintain natural resources in an undisturbed area in
order to have ecologically representative examples of natural environment for scientific
study, environmental monitoring education and maintenance of genetic resources in a
dynamic and evolutionary state.
There are two sub categories
1. PAs managed for scientific research and monitoring
2. PAs managed mainly for wilderness protection, subsistenance and recreation
How PAs Contribute to Human Activities?
1. Conserve soil and water in zones that are potentially highly erosive if the original
vegetation is removed, notably the steep slopes of the upper catchments;
2. Regulate and purify water flow, notably by protecting wetlands and forests;
3. Protect people from natural disasters, such as flood and storm surges, notable by
protecting watershed forests, riverain wetlands, coral reefs and other coastal wetlands;
4. Support important natural vegetation on soils and inherently low productivity that
would yield of human communities if transformed;
5. Provide for the maintenance of wild genetic resources or of species important in
medicine;
6. Protect species and population that are highly sensitive to human disturbance;
7. Maintain species that enhance the attractiveness of the landscape or the vitality of the
PAs; and
8. Provide habitat that is critical to harvested, migratory or threatened species for
breeding, feeding or nesting.
5
National Park
Objectives: To protect outstanding natural and scenic areas of national or international
significance for scientific, educational and recreational use. These are relatively large
areas not materially altered by the human activity and where extractive resource uses are
not allowed.
Habitat/Species Management Area
Objectives: To assure the natural conditions necessary to protect nationally significant
species, groups of species biotic communities or physical features of the environment
where these may require specific human manipulation for their perpetuation. Controlled
harvesting of some resources may be permitted. It is new category so these PAs is to be
established.
Managed resource Protected Area
Objectives: A new category designed to include areas that ensure long-term protection
and maintenance of biodiversity while providing a sustainable flow of natural products
and services to meet community needs. They are intended to be relatively large and
predominantly unmodified natural systems where traditional and sustainable resources
are encouraged.
Legal steps for Establishment of Protected Areas in India
The present Wildlife (Protection) Act, 1972 not only specifies the procedures to be
followed in setting up National Parks [NPs], Wild life sanctuaries [WLS] but also
specifies the management parameters by indicating the sort of activities that are allowed
or forbidden in the PAs. NPs are given higher level of protection; no grazing is permitted
under Section 3.5.6 of the Act. Moreover no private landholding or right is allowed
within a NP. WLS are accorded a lesser level of protection e.g. grazing is allowed in
these types of PAs and certain activities might be permitted under Section 29 (i) and
Section 33 of the Act. The provision of Section 29 has been made for a wildlife sanctuary
6
to prohibit any type of exploitation, destruction or removal of wildlife similar to the
provisions of the Section 3.5.6 for a NP.
The procedure specified in the Act for the setting up of NPs and WLSs have the
following broad objectives:
i)
To identify the extent and boundary of the PA [NP or WLS]
ii)
To determine rights, if any, that exists within such an area [Section 19]
iii)
In case of existing right, to either compensate the owner of such right if the owner
is cooperative; or to acquire the land or right, if the owner is not willing
voluntarily to accept compensation [Section 24]
iv)
To allow the continuation of those activities which are considered acceptable
[Section 24.2 (c)]
v)
To provide alternatives to public way, or a common pasture, as far as may be
practicable or convenient [Section 25.1 (f)]
BROAD ISSUES IN PROTECTED AREAS IN ORISSA
The major issues are as follows:
• Management deficiencies in conservation approach. The sanctuaries and National
Park do not have separate management plans and there is no detailed guideline
available for the preparation of the plans. Every Protected Area has its own situation
specific problems, which have to be tackled independently, and hence independent
management plans are required.
• Lack of holistic approach in Wildlife Management. The present conservation
paradigm is borrowed from the Western Concept, which ignores the involvement of
the local people, the primary stakeholders, in the management process. Exclusionary
principle of conservation sidelines the local people from the conservation scenario,
further imposing the cost of conservation on the weakest section of the society who
cannot afford it.
7
• The Management system also neglects the potential of the local people in
conservation. Local people are good source of traditional knowledge, developed
through human nature interfaces over thousands of years. Therefore consideration of
human face of wildlife management is very important.
• Related laws and policies are conflicting and contradictory to each other, effectively
exiling people within the Protected Areas from civilization and debarring them from
their basic and fundamental rights.
• Mainly legal issues are emerging from rights, control and access over the resources.
Our wildlife laws and policies limit the access of the local people over the resources,
which create major conflict. The local people living within the PAs critically depend
on the natural resources for their sustenance. But our conservation policy considers
the local people as threat therefore restricts the access of the local people over the
resources. It completely ignores the social aspect of natural resource management thus
converting the potential allies into poachers causing depletion of the resources, which
are not only affecting humans but also our conservation goals.
• The Wildlife (Amendment) Act, 1991 allowed for continuance of rights inside the
sanctuaries. But WLP (Amendment) Act, 2002 made such rights less possible by
prohibiting all activities that are not ‘beneficial’ to wild life (including those that may
be neutral in their impact), by committing state governments to provide alternatives
for all rights as soon as intention was declared to notify a sanctuary, and by
prohibiting any commercial activity.
• The order of Supreme Court dated 14.02.2000 in I.A 548 in W.P 202 of 1995 further
restricted the access over the resources by imposing a ban even on the collection of
NTFP. Such a blanket order of the Supreme Court has led to the loss of traditional
livelihood and the forest dwelling communities including tribal residing within the
Protected Areas is facing large-scale hardship. The order has led to the closure of KL
phadis inside many Protected Areas, which has adversely affected the livelihoods of
the local people. Bamboo harvesting has also been stopped. Stopping of bamboo
cutting will not only adversely affect the growth of the new culms due to over
8
congestion ultimately leading to the death of the forest but it has also snatched away
means of livelihood for thousands of people. Without carrying out any research on the
impact of the NTFP collection within the PAs, on what basis can such laws and
orders be implemented?
• The Hon’ble Supreme Court in Pradeep Kishen vs. State of Madhya Pradesh case has
emphasized the need to protect the forest as well as the livelihood of the communities
dependent on such forests. In the instant case, the Hon’ble Supreme Court upheld the
order of issued by the state of Madhya Pradesh permitting collection of Kendu leaves
from the sanctuaries and National Parks by the villagers living in and around the
sanctuaries and the national parks, in view of the fact that since final notification
under Section 26 A and 35 is yet to be issued as rights are yet to be settled. The
Hon’ble Court held that the State Govt. (M.P) was not in the position to bar the entry
of the villagers living in and around the sanctuaries and national parks so long as their
rights were not acquired and final notification is issued. If the state of Madhya
Pradesh can move to the court with its plea and succeed in getting a positive response
from the Hon’ble Court, then why has such an action not been initiated by the Orissa
State Govt. till now?
• Non- recognition of the customary uses. Most of the customary uses of the local
inhabitants on forests (including other natural resources like water) have not been
codified or recorded in any record of rights. Declaration of the Protected Areas with
restrictions on the entry and forest produce collection means that livelihoods of the
poor and resource dependent are taken away without compensation or alternatives.
• The Wildlife laws and policies provide that the people living in and around the
Protected Area can collect and remove the forest produces, but only to meet their
‘bonafide needs’. The problem is that the law does not define what bonafide needs
means. The matter would have been simple to interpret if the definition of
‘commercial collection’ and ‘personal bonafide use’ would have been defined in the
Wildlife Protection Act, 1972.
9
•
Issues pertaining to right settlement in the Protected Areas. In context of Orissa, most
of the sanctuaries are located in the remote tribal areas where only one round of
settlement has taken place. There are no. of villages inside the PAs which have not
been surveyed and hence not regularized. The Forest Department treats these villages
as encroachers, whereas records exist that these tribal settlements are very old and
never been surveyed. As per the WPA, 1972, these villagers are not entitled to any
sort of compensation and neither are people who have been cultivating land not
regularized in their names (and which should have been recorded in their names as per
the existing law). People have not yet got patta for the land that they have been
cultivating since ages. Since proper survey and settlement process has not been done
before the declaration of the sanctuary hence many people are deprived of the
compensatory package and benefits of the Govt. schemes.
• Non-recognition of rights over land in the Survey and Settlement. This applies mainly
to the practice of shifting cultivation. As the shifting cultivation land has been settled
as Govt. land, declaration of sanctuaries means that a large no. Of tribal who depend
upon shifting cultivation in sanctuary areas are summarily evicted, creating major
conflicts and misery. (Kotgarh, Karlapat, Sunabeda and Lakhari sanctuaries.)
• Lack of final settlement of claims. In most Protected Areas in Orissa the settlement of
claims and rights as laid down in Section 19- 26 A of Wildlife Act of 1972 has not
taken place. Only one PA has been finally notified. How can the Wildlife
Administration curtail the rights of the people living within the PAs even without the
completion of the proceedings of determination and acquisition of rights [Section 25A
of Wildlife Amendment Act, 2002]
• Non-conversion of Forest villages within the PAs into Revenue villages has deprived
the inhabitants from the Govt. programmes and schemes. The proposals of conversion
of forest villages into revenue villages are still lying with the GOI. But on 13.11.2000
and 9.2.2004 the Hon’ble Supreme Court has passed interim orders regarding no dereservation of forest/Sanctuaries/National Parks shall be effected, therefore it is very
difficult to convert these villages into revenue villages. In the present scenario the
10
Govt. and the administration has to take up seriously the issue of the forest villages
because the people staying here have already lost their livelihood because of the
Supreme Court order, further they are also debarred from any Govt. schemes and
facilities. How is life possible under such circumstances?
• Restriction on mobility and access to basic services. Restriction on the entry into the
Protected Areas immediately comes into effect with the declaration of intention to
create a PA [Section 27 of the Wildlife Protection (Amendment) Act 2002]. This
further strengthens the control of the authorities over the local residents. Such
stringent policy deprives the people from their basic rights, which a violation of the
fundamental right and is a grave concern.
• Increasing Man Animal conflict is also one of the major issues. The man-animal
interface has grown in recent years in Orissa particularly in respect of wild elephants
and bear. The loss of corridors and migratory routes of long ranging animals like
elephant is the major cause of increasing man elephant conflicts in Orissa.
• Increasing developmental projects like mining, big dams etc are emerging around the
Protected Areas. These destructive developmental projects, like mining, are not only
seriously impacting the conservation scenario by negatively affecting the ecosystem
but also shrinking the Protected Areas into islands of conservation by destroying the
rich biodiversity and natural habitat of important species outside the PAs.
Legal Issues
Conflicts between laws: There are contradictory provisions regarding rights amongst the
various laws. The stringency of the Wildlife (Protection) Act, 1972 for instance is
countermanded by the Panchayati Raj Act, 1998 and Panchayat (Extension of Scheduled
Areas) Act, 1996 which grants the local communities ‘ownership’ rights as opposed to
the usual usufruct rights, which is access and the right to use natural resources in notified
areas. The Panchayati Raj Act, 1998 and the Panchayat (Extension of Scheduled Areas)
Act, 1996 read together with the 73rd Amendment and the JFM order, have special
significance for the natural resources rights of tribal communities and particularly for
11
states like Madhya Pradesh. This poses a conflicting picture vis-à-vis forest and wildlife
laws.
Mainly legal issues are emerging from rights, control and access over resources. Our
wildlife laws and policies limit the access of local people over resources, which create
major conflict. Humans inhabit around 60% of India’s PAs. Almost 4 million people
inside India’s protected areas most of them belonging to families that have lived in these
areas before the protected areas were notified. All these people are dependent on local
resources for fulfillment of basic needs. All the people living inside protected areas and
in regions adjacent to the protected areas are dependent on local resources for fuel,
fodder, medicines, non-timber forest produce, fish and other aquatic produce,
livelihoods, water, cultural sustenance, and myriad other critical resources. In many cases
collection of non-timber forest produce contributes to more than 50% of each
household’s earnings; more importantly, up-to 100% of the daily requirements of such
families comes from forest or aquatic produce. Thus these people are primary
stakeholders of Protected Area Management. But they are neither considered Protected
Area Management nor are their basic needs dealt. Local people are closely linked with
resources so they have great potential in wildlife conservation. But in our conservation
approach local people are always considered as threat to conservation therefore restricts
access of local people over resources, it is completely ignoring the social aspect of
natural resource management, and excluding human from nature. Thus converts potential
allies into poachers causing depletion of resources, which are not only affecting humans
but also our conservation goal.
Many times due to improper survey and settlement processes these villagers are
considered as encroachers. Many times conflict between forest official and local people
arises due to restriction on accesses to the resources, which were enjoyed from hundreds
of years. But situations differs from location to location, it depends upon various factors.
Various tribes are becoming accustomed with modern forces of globalization. But
12
Various PTGs are still maintaining their relations with nature, as these were century
before.
In comparison with other nations, wildlife laws in India are considered among the
‘progressive’ in the world, but they have failed to stop the drain of nature. The
assumption at the governmental level and among many urban wildlife conservationists is
that the presence of humans and their usufruct relation with the forest is contributing to
the degradation of the environment. Some concede reluctantly that though historically
‘eco-system’ people had a ‘symbiotic’ relationship with nature but presently their
population has increased, as have their cattle and goats that graze the downy undergrowth
in competition with the herbivorous ungulates of the wilds. Political and financial
reasons, inertia and ground realities have so far prevented the government from taking
any action towards permanently disassociating these people from their natural surrounds.
Additionally, there is mounting pressure from the affected people themselves with the
support of select community based social organizations.
The role of the state as landlord or estate owner created a dual problem. On the one hand,
it imposed the British legal system on an ethnocentric legal order based on customary
usage and norms and guided by ecological parameters. On the other, it paved the way for
a western model of conservation inherently established on the duality of man and nature.
The areas of conflict are wide and they range from the alienation of forest dwelling and
dependent communities from the state and urban conservationists/wild lifers, the
abrogation of the customary rights of these communities, including the spectra of
displacement to the alleged harassment of the local people by officials of the forest
department. There are rumors of forced evictions, loss of livelihood, lack of effective
rehabilitation and compensation.
13
Forest rights act 2006:
Issues pertaining to Right Settlement in Protected Areas
As per the Act, once the Government decides to create a sanctuary in an area, it issues a
notification of intention of the same (section 18), appoints a Collector to determine rights
and carry out inquiry with the power to exclude rights bearing land from sanctuary
boundary/ acquire the land under Land Acquisition Act, 1894/ allow continuation of
rights in consultation with Chief Wildlife Warden (section 24). A process of time bound
serving of notice, submission of claim by affected persons, inquiry into the submissions
and acquisition of rights has been laid out in the Act. Same provisions (section 19-26A)
apply for declaration of National Parks.
Thus the law provides power for acquisition or commutation of rights within the area
intended to declare as sanctuary or National parks. The argument put forward for such
appropriation of land and resources was the extension of eminent domain, the authority
or power of the state to acquire the property belonging to individuals for reasons of
public interest, provided due compensation was paid to the former proprietors and rights
holders. It is clearly proved that a change in sovereignty does not imply the extinguishing
of the right to domicile or other existing customary rights enjoyed by the local
communities concerning access and use of forest resources.
Certain assumptions lie beneath the process of acquisition of rights. One of the important
one is that the rights in the area to be declared are already formally recognized i.e. legal
instruments and records exist of the rights of people in the area, both over land and other
natural resources. These formal rights include ownership over land (provided by Survey
and Settlements), Nistar Rights over forest products, right of way etc. It is assumed that
the state of formal rights represents justly the up to date situation of rights over natural
resources in the area.
However, given the ground level situation in tribal areas of Orissa, this assumption turns
out be deficient and problematic in many ways. These deficiencies lead to a perversion of
the principles of natural justice and equity, drastically affect the weakest sections of
14
society i.e. Tribal communities including PTGs having constitutional protection, and in
many case contravention of the rights to life.
Forest Right Act 2006 recognizes the Tribal Rights: An act to recognize and vest the forest rights and occupation in land in forest dwelling
Schedule Tribes and other traditional Forest Dwellers who have been residing in such
forest for generations but whose rights could not be recorded; to provide for frame work
for recording the forest right so vested and the nature of evidence required for such
recognition and vesting in respect of forest land. So this Act is implemented to recognize
the tribal rights, which includes the: • Responsibilities and authority for sustainable use
• Conservation of Bio-diversity
• Maintenance of ecological balance and thereby strengthening the conservation regime
of the forests while ensuring livelihood and food security of the tribal.
Forest Right Act and its Brief History
For the purpose of this Act the forest rights that vested by the forest dwelling scheduled
tribes and other traditional forest dwellers. The rights include: Right to Occupation
With regards to the occupation the act refers that family may consist off a nuclear family
and their minor children and may include any person wholly or substantially dependent
on the family. But in case of land under occupation, the tribal have right to hold and live
in the forestland under the individual or common occupation for habitation or for selfcultivation for livelihood by the forest dwelling scheduled tribes, which actually may be
recognized and vested with the community up to maximum 4 hectares.
Community right such as Nistar
This right is recognized in different status by the various names (Zamindary or such
intermediary regimes) shall be considered for bonafide livelihood needs.
15
Right to minor forest produce
This act shall include rights of ownership, access to collect; use and dispose of minor
forest produce (all non-timber forest produce of plant origin including bamboo, brush
wood, stumps, cane, tussar, cocoons, honey, wax, lac, tehdu or kendu leaves, medicinal
plants and herbs, roots, tubers etc.) which has been traditionally collected within or
outside the village boundaries.
Rights to other community rights and entitlement
The community which has been traditionally using water bodies shall have the right over
the fishing and other products of such water bodies while ensuring its sustainable use,
grazing (both settled and transhumant) and traditionally seasonal resources access of
nomadic or pastoralist communities.
Right to community tenure of habitat and habitation
The habitat for Primitive Tribal Groups (PTG) and Pre-agricultural communities shall
have the some inclusive meaning as communities’ forest resource and in particular, noncontiguity and non-exclusiveness.
Rights over Disputed Lands
It shall include rights in lands in “Deemed Reserve Forest” or forestlands where the
process of forest settlement has been incomplete in any manner including in correct
records or non-adherence to due process of laws.
Rights for conservation of pattas, leases and grants
Rights for conservation of pattas or leases or grants issued by any local authority or any
state government on forestlands or pattas in forest villages and pattas issued by cancelled
or extinguished without following the due process of laws.
Rights to conversion of forest villages and unrecorded settlements into
revenue villages
In case of rights to conversion of a forest village in to a Revenue village the act has to
take into consideration of some eligible criteria – the land granted to dweller of revenue
village created out of forest villages or such settlements shall be sustainable used for
16
bonafide livelihood needs and shall not be put to ecologically damaging commercial use
in any farm.
Right to protect, regenerate, conserve or manage community forest
resources
Right to protect, regenerate, conserves or manages community forest resource which they
have been traditionally protecting and conserving for sustainable use.
Rights in autonomous District councils and Regional councils
Rights which are recognized under any state law or laws of any autonomous District
councils or autonomous regional council or which act accepted as rights of tribal under
any traditional or customary law of the concerned tribes of any state.
Right to intellectual property and Bio-diversity
This rights shall include rights to regulate, access, control, develop and protect traditional
science and technology associated with bio-diversity resources including genetic
resources, seeds, medicines, health practices, medical plants, agriculture, knowledge of
fauna and flora, minerals and other IK system and practices
Right to in-situ rehabilitation
This right includes alternative land in case where the ST and other traditional forest
dwellers have been eligible evident or displaced form forestland of any description
without receiving their legal entitlement to rehabilitation.
Any other traditional rights
Any other traditional rights customarily enjoyed by the forest dwelling ST or other
traditional forest dwellers, as the case may be, which are not mentioned, but excluding
the traditional right of hunting or trapping or extracting a part of the body of any species
of wild animals.
Features of Forest Right Act and Conservation
After enforcement of the Forest Right Act it can help to aware the tribal and other forest
dwellers for their duties, responsibilities, and rights towards the forest. This act has
certain features, which are: 17
• To aware the responsibilities and authority of the tribal inhabitants for the sustainable
use of minor forest produce, so that it can never be affected the ecological balance.
• To conserve the bio-diversity in a sustainable manner which can strengthen the
conservation regime of the forest while ensuring the livelihood and food security.
• Forest Right Act recognizes the areas inside the National Parks and Sanctuaries
considered as a Critical Wildlife Habitat. For declaration of CWH the inside villages
of these areas has to be resettled and relocated in another area with the provision of
bonafide livelihood and food security.
• After declaration of CWH, the tribal inhabitants are restricted to entry inside into
CWH areas that can strengthen the betterment of wild life conservation in a
sustainable way.
• The holders of any forest right, Gram Sabha and Village level institutions in areas
where there are holders of any forest right under this act:ƒ Empowered to protect the wild life, forest and bio-diversity.
ƒ Ensure that adjoining catchments area, water sources and other ecological
sensitive areas are adequately protected.
ƒ Ensure that the habitat of forest dwelling tribal and other forest dwellers is
preserved from any form of destructive practices affecting their cultural and
natural heritage.
ƒ Ensure that the decisions taken in Gram Sabha to regulate, access to
community forest resources and stop any activity which adversely affects the
wild animals, forest and the bio-diversity are compiled with.
In one side the forest right act has put more emphasis on the field of conservation of
wildlife, declaration of CWH, sustainable use of forest resources, maintenance of
ecological balance, but what is happening in other side that tribal people are totally
deprived of getting their basic needs.
•
Restriction on entry inside the CWH area that put negative impact of the tribal
livelihood process those are totally dependent on the forest.
18
•
Wild life conservation seems to be emerging as one of the greatest threats to tribal
livelihoods and well being in the state.10% of the areas of the state is being converted
into wildlife areas, even though hundreds of thousands of tribal people live inside
these areas. The declaration of any area as Protected under Wildlife Act, 1972 is
effectively leading to displacement, both physical and that of livelihoods.
• The order of Supreme Court (dated 14th February 2000) restricting NTFP collection in
Protected Areas followed by the enactment of Wildlife (Amendment) Act 2002 has
extremely serious implications for the tribal and other forest dwellers living in and
around the 18 protected areas. Considering that income from sale of NTFPs can
contribute more than 50% in case of the poorest tribals, these policy decisions
contravene the fundamental right life and livelihood.
• Another major implication of Wildlife Policy is the restriction on the mobility of
people residing in the protected areas and access to basic services like people living
inside the sanctuary have to face lot of difficulties due to poor access to health
facilities because of the distant location of Primary Health Centers.
With regards to the Forest Conservation Act 1980 the Central Govt. shall provide for
diversion of forestland for the following facilities managed by the Govt. Which involve
felling of trees not exceeding 75 trees per hectare, namely: a) Schools
b) Dispensary or hospitals
c) Anganwadies
d) Fair price shop
e) Electric and telecommunication lines
f) Tanks and other minor water bodies
g) Drinking water supply and water pipelines
h) Water or rain water harvesting structures
i) Minor irrigation canals
j) Non-conventional source of energy
k) Skill up gradation or vocational training centers
19
l) Roads and
m) Community centers
Provided that such diversion of forestland shall be allowed only if: i)
The forest land to be diverted for the purposes mentioned in this sub-section is
less than one hectare in each case and
ii)
The clearance of such developmental projects shall be subject to the condition that
the same is recommended by the Gram Sabha.
Critical Wildlife Habitat (CWH) Provision and Its Procedures
Critical Wildlife Habitat means such areas of the National Parks and Sanctuaries where it
has been specifically and clearly established, on the basis of scientifically that such area
required to be kept as inviolate for the purpose of wildlife conservation as may be
determined and notified by the Central Govt. in the Ministry of Environment and Forest
Affairs.
Procedural Requirements of CWH
The Forest Rights recognized under this act in Critical Wildlife Habitat of National Parks
and Sanctuaries may subsequently be modifies or resettled, provided that no forest rights
holders shall be resettled or have their rights in any manner affected for the purpose of
creating inviolate areas for Wildlife conservation except in case all the following
conditions are satisfied namely: a) The Gram Sabha shall be the authority to initiate the process for determining the
nature and extent of individual or community forest rights or both that may be given
to scheduled tribes and other traditional forest dwellers within the local limits of its
jurisdiction under this act by receiving claims, consolidating and verifying them and
preparing a map delineating the area of each recommended claim as may be
prescribed for exercise of such rights and the Gram Sabha will pass the resolution to
the Sub-Divisional Level Committee.
b) Gram Sabha may prefer a petition to the Sub-Divisional Level Committee and it shall
consider and dispose of such petition: -
20
• Provided that every such petition shall be preferred within 60 days form the
date of passing resolution by the Gram Sabha.
• Provided further that no such petition shall be disposed of against the
aggrieved person, unless he has given a reasonable opportunity to present his
case.
c) The State Govt. shall constitute a Sub-Divisional Level Committee to examine the
resolution passed by the Gram Sabha and prepare a record of forest rights and
forwarded it to the District Level Committee for a final decision.
d) Any person aggrieved by the decision of the Sub-Divisional committee may prefer a
petition to the District Level Committee within 60 days from the date of passing
resolution by the Sub-Divisional level Committee shall consider and disposed of such
petition.
e) The State Govt. shall constitute a District Level Committee to consider and finally
approve the record of forest rights prepared by the Sub-Divisional level Committee.
f) The decision of the District Level Committee on record of forest rights shall be final
and binding.
g) The State Govt. shall constitute a State Level Monitoring Committee to monitor the
process of recognition and vesting of forest rights and submit to the Nodal Agency.
h) The Sub-Divisional Level Committee, District Committee and State Level Monitor
Committee shall consist of officers of the Revenue, Forest and Tribal Affairs of the
State Govt. and 3 members of the Panchayati Raj Institutions at the appropriate level,
appointed by the respective PRIs of whom 2 shall be ST members and at least 1 shall
be a women, as may be prescribed.
Under the Wildlife Protection Act 1972 that the activities or impact of the presence
of right holders upon the wild animals is sufficient to cause irreversible damage and
threaten the existence of said species and their habitats.
Š The State Govt. has concluded that other reasonable options, such as, co-existence are
not available.
21
Š A resettlement or alternative package has been prepared and communicated that
provides a secure livelihood for the affected individuals and communities and fulfills
the requirements of such affected individuals and communities given in the relevant
laws and the policy of the Central Govt.
Š The free informed consent of the Gram Sabhas in the areas concerned to the purposed
resettlement location is complete as per the promised package.
Š No resettlement shall take place until facilities and land allocation at the resettlement
location are complete as per the promised package.
Provided that the CWH from which right holders are thus relocated for purpose of
wild life conservation shall not be subsequently diverted by the state Govt., the
Central Govt., or any other entity for other uses.
ƒ The recognition and vesting of forest rights under this act to the Scheduled Tribes and
other forest dwellers in relation to any State or Union Territory in respect of forest
land and their habitat shall be subject to the condition that such STs or Tribal
communities or other traditional forest dwellers had occupied forest land before the
13th December 2005.
ƒ A right shall be heritable but not alienable or transferable and shall be registered
jointly in the name of both the spouses in case of married persons and in the name of
the single head in the case of household headed by a single person and in the absence
of a direct heir, the heritable right shall pass on the next-of-kin.
ƒ No member of a Scheduled T or other traditional forest dwellers shall be evicted or
removed from forestland under his occupation till the recognition and verification
procedure is complete.
ƒ Forest Right recognized that such forest land (occupation for habitation or selfcultivation for livelihood) shall be under the occupation of an individual, family, or
community on the date of commencement of this act and shall be restricted to the area
under actual occupation and shall in no case exceed an area of 4 hectares.
ƒ The forest rights shall be conferred free of all encumbrances and procedural
requirements, including clearance under the forest conservation act 1980,
22
requirements of paying the net present value and compensatory a forestation for
diversion of forest land, except those specified in this act.
ƒ The forest right recognized and vested 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 intervention, and where the land has not been used for the purpose
for which it was acquired within 5 years of the said acquisition.
Some of these deficiencies are as follows:
1. Lack up to Date and Proper Settlements of Land Rights
Most of the sanctuaries are in the remote tribal areas. In most of these areas, only one
round of Settlements has taken place. The current situation in terms of land tenure in
these areas is highly confused, with a major discrepancy between formal tenure and
informal land use. This includes extension of cultivation in pre 1980s periods, which
haven’t been regularized and are therefore treated as encroachments, existence of unsurveyed areas etc. For example, in the Sunabeda Sanctuary area, there are 30 Revenue
Villages but there are 34 villages, which are shown as unsurveyed village. Forest
Department treats these villages as encroachers, whereas records exist which show that
most of these tribal settlements are very old and were never surveyed. As per WPA,
1972, these villagers are not entitled to any compensation, and neither are those people
who have been cultivating land not regularized in their names (and which should have
been recorded in their name as per existing law).
2. Non-recognition of Rights over Land in Survey and Settlement
This applies mainly to the practice of shifting cultivation, traditionally practiced by large
number of tribal communities in Orissa. Even though many princely states condoned and
even legalized shifting cultivation, the post independence statutes on land totally
delegitimised it, and therefore in all shifting cultivation areas, the land on hill slopes was
designated as Government land, even though these areas were being used for shifting
cultivation. The estimates of shifting cultivation in Orissa range from 5000 sq. km. to
37,000 sq. km, a substantial part of the forested parts of Orissa. As the shifting
23
cultivation land have been settled as Government land, declaration of sanctuaries means
that the large number of tribal who depend on shifting cultivation in sanctuary areas are
summarily evicted, creating major conflicts and misery. (Kotgarh, Karlapat, Sunabeda,
Lakhari sanctuaries)
3. Non-recognition of Customary Use
Most of the customary uses of the local inhabitants on forests (including other natural
resources like water) have not been codified or recorded in any record of rights. Nistar
rights are a legacy of colonial period wherein limited rights were given over forest
produce, mainly to landowning families. Post independence there has been no effort to
redefine or formalize customary uses as per actual practice. Thus the existing rights
systems don’t even start to cover the customary or actual use of natural resources in any
area. However, these uses or dependence are a major source of livelihood and
subsistence for a large number of poorest people, including Primitive Tribal groups.
Declaration of protected areas with restrictions on entry and forest produce collection
means that the livelihoods are taken away without compensation or alternatives.
In wildlife policies and laws concessions are given to residents to enjoy bonafide uses of
forest products. But not mentioned any difference between bonafide and commercial use.
4. Lack of Final Settlement of Claims
In most PAs in Orissa, the settlement of claims and rights as laid down in Sections 1926A of WL Act, 1972 hasn’t taken place. Only one PA has been finally notified. All the
other PAs are at different stages of notifications. However, the Wildlife Administration,
taking the plea of the provision on intention of declaration of protected area leading to
suspension of rights even in case of non-completion of proceedings of determination and
acquisition of rights [Section 25 A of Wildlife (Amendment) Act, 2002], has clamped
down on the people living inside the boundaries of the PAs. This perversion of natural
justice is against the spirit of law as well as constitution, as many of these processes of
settlement have been pending for more than a decade.
24
These deficiencies need to be investigated and used to challenge the State’s promotion of
an exclusionary conservation model. One of the most serious livelihood issues have
emerged from the ban on NTFP collection in PAs as per the Supreme Court order dated
14th February 2000(WP No. 202/95).
5. Issues of Forest Villages
In many protected areas forest department itself established forest villages. The main
objective behind establishing these villages was to ensure availability of labour for
carrying out various forestry works such as forest line demarcation, extinguishing forest
fires, construction of forest roads etc. forest department allotted land to these villagers at
that time for homestead and agriculture for meeting their subsistence needs. But till now
these villages are not converted in to revenue villages.
6. Non-Conversion of Forest Villages into Revenue Villages Deprived the
Inhabitants from the Govt. Programmes & Schemes:
The proposals of conversion of forest villages into revenue villages are still lying with
GOI. But in 13.11.2000 and 9.2.2004 the Hon’ble Supreme Court has passed interim
orders no de-reservation of forest/Sanctuaries/ National Parks shall be effected, therefore
it is very difficult to convert these villages in to revenue villages.
As these villages are not being converted into Revenue Village, which deprives the
inhabitants of the benefits of various government programmes and schemes like old age
pension, widow pension, Anthodaya Yojana and Annapurna Yojana, though all the
households in these villages are coming under BPL category.
7. No Legal Entitlement over the Allotted Land
Though forest department allotted land from forestland at different periods for their survival, but
in most of the cases, forest department didn't issued any patta to any of the households residing
in the village. As villagers do not have record of rights over the land cultivated & resided by
them they are not able to access any loan from the nationalized banks. During the emergency
situations, they have been taking loans from the local people at a higher rate of interest. Even for
25
obtaining bail, they have been depending upon others for which the ‘Jamindars’ (the person
who takes bail) demands huge money in lieu of bail. Even these families are also being deprived
from getting of the caste certificates1. As these villages are coming under the category of forest
villages, the R.I is not issuing residential proof, which is a prerequisite condition for obtaining
caste certificate.
8. Impact of Supreme Court order on NTFP on livelihoods of people
The protected areas are located in the regions, which constitute large population of tribal
communities. Data collected through multifarious studies in many parts of Orissa show that a
major part of livelihood and subsistence of forest dwellers and tribal people comes from NTFP
economy. The NTFPs collection has immense significance in the livelihood of forest dwelling
communities. The contribution of NTFPs in the total annual household income ranges between
50-60%. In case of nomadic tribe, their livelihood is 100% based on NTFP.
The order of Supreme Court restricting NTFP collection in protected areas followed by the
enactment of Wildlife (Amendment) Act 2002 has extremely serious implications for the natives
in and round 18 proposed protected areas. As a result of legal restrictions on collections of forest
products, people are getting increasingly dependent on wage labour for eking out their
sustenance. In many cases these restrictions have compelled the forest dwellers to revert to
illegal collection of such forest products, which makes them easy victims to rent seeking by
petty officials.
The Order of Supreme Court (dated 14th February 2000) restricting NTFP collection in
Protected areas followed by the enactment of Wildlife (Amendment) Act 2002 (see section 29)
has extremely serious implications for the tribal and forest dwellers living in and around the 18
Protected areas. More communities are likely to face the adverse consequences once the 18
proposed protected areas (which are in the pipelines) in the state get finally approved. As
reported in a local Daily (Prajatantra, dated 17th July 2002) NTFPs worth Rupees 35 lakh used
to be traded annually from Sunabeda Sanctuary which has come to a halt with the imposition of
restriction. Considering that income from sale of NTFPs can contribute more than 50% in case
26
of the poorest tribal, these policy decisions contravene the fundamental rights to life and
livelihood.
For example, in the Simlipal Tiger Reserve area, the villagers residing inside the sanctuary are
restricted from collecting and carrying NTFPs such as seeds of Karanj, Tamarind, Kusum,
leaves of Date Palm, Sal resin, Siali fibre, Honey, Arrowroot etc. through the gate of the
Simlipal Tiger Reserve despite the fact that some of these NTFP items are collected by the
people from their private lands. Similarly, collection of NTFPs like Nalia grass, Honey,
Bahumruga creeper etc. has been banned in Bhitarkanika National Park creating immense
difficulties for the ST and SC people of Dangamal, Khamarasahi, Hariharpur, Okilapal and
several other villages. Closure of Kendu leaf Phadis in the Sunabeda and Satakosia Sanctuary
has deprived thousands of poor pluckers from their one of the most significant income source. In
certain areas, it is alleged that people are also restricted from carrying agricultural produces for
marketing outside the sanctuary area thus, reducing their livelihood options.
The distress caused by loss of income from both stoppage of collection of NTFPs and loss of
land has compelled the nomadic tribe of protected areas to resort to wage labour, migrate to
industrial places and at times mortgaged their scarce assets to avail emergency loans.
The most alarming thing is the imposition of ban on fuel-wood collection. Fuel-wood is very
basic need of villagers. The villagers are restricted to pluck a piece of dried leaf and twig from
the forest area and violation of this has reportedly led to the most inhuman consequences in the
hands of the FD.
9. Restrictions on mobility and access to basic services
Another major implication of wildlife policy is the increasing restriction on the mobility of
people residing in the protected areas. The control of the authorities is further strengthened
through the Wildlife (Amendment) Act 2002, according to which restrictions on the entry will
immediately come into effect with the declaration of intention to create a protected area (Section
27
27). People living inside the Sanctuary have to face lot of difficulties due to poor access to
health facilities because of the distant location of Primary Health Centers. There has been hardly
any effort from the government side to provide alternative health services in these areas. We
have got reports from different protected areas that people carrying patients are stopped at the
gate leading to medical complications, and the reason cited is that going outside the sanctuary in
night is not permissible. Effectively all access to services from outside world is restricted, and
the people are cut off from basic human needs of health, education etc.
Further, restrictions over the mobility of outside traders and local people (especially while
carrying commodities to sell outside), on implementation of social security programmes like
Indira Awas Yojana, Jawahar Gram Samridhi Yojana, ICDS etc. deprive the people from basic
services which is a violation of fundamental rights of people within the protected areas. Such
incidents are being reported from almost all protected areas in the State.
10. Increasing Man-Animal conflicts
Crop depredation by wild elephants is growing and has emerged as a serious problem not only
in core villages but also even in the villages located in the periphery of the Sanctuary. The
frequency of intrusion of elephants into the paddy fields of people increases during harvesting
season when the herds destroy lot of standing crops falling on the way. Besides, attack on
human lives has also increased and every year a case of human casualty is reported from the
surrounding villages.
11. Increasing Developmental Activities
Various developmental projects like mining; big dams, etc. are immerging around Protected
Areas. Various protected areas are de-notified for these developmental projects. Protected Areas
possesses rich stocks of mineral resources, which are viewed as very critical for industrial
growth. But mining projects are seriously impacting overall conservation scenario by negatively
affecting ecosystem, it is not only adversely affecting ecosystem but also creating protected
areas as island of conservation by destroying important under natural habitats of considered
species outside the protected areas. (E.g. mining in Keonjhar region is seriously impacting
elephant corridor thereby, brought out behavioral changes in elephants causing increased cases
28
of man-elephant conflict, elephant poaching, etc.) Furthermore big dams are also threatening
wildlife conservation by submerging large patches of biodiversity rich forests (e.g. Rengali,
Hirakud, Indravati, etc. had submerged large patches of biodiversity rich forests). Other projects
like national highways, pipelines are also impacting biodiversity adversely, thereby disturbing
ecological balance.
Provision of critical wild life habitat (CWH)
The Forest Rights Act mentions that if any area of the National Park and Sanctuaries has
been established as critical wildlife habitat on the basis of scientific and objective criteria,
forest rights in such areas of National Parks and Sanctuaries may be subsequently
modified or resettled for the purpose of creating inviolate areas for wildlife conservation.
To ensure that the Act is implemented properly and the affected villages are not deprived
of their rights, Gram Sabhas will be empowered to conduct such studies as mapping of
their village boundaries, documenting their rights, participating in the mapping of the
critical wildlife habitat which would help them to complement or challenge the proposal
of the State Government for the demarcation of critical wildlife habitat. Given Orissa’s
poor record of implementing any progressive law, it is imperative that pressure is built up
from below to ensure that the law gets implemented properly.
29
Need of the study
The forest right act 2006 an act to recognize and vest the forest rights and occupation in land in
forest dwelling Schedule Tribes and other traditional Forest Dwellers who have been residing in
such forest for generations but whose rights could not be recorded; to provide for frame work for
recording the forest right so vested and the nature of evidence required for such recognition and
vesting in respect of forest land. So this Act is implemented to recognize the tribal rights, which
includes the: • Responsibilities and authority for sustainable use
• Conservation of Bio-diversity
• Maintenance of ecological balance and thereby strengthening the conservation regime of the
forests while ensuring livelihood and food security of the tribal.
The Forest Rights Act mentions that if any area of the National Park and Sanctuaries has
been established as critical wildlife habitat on the basis of scientific and objective criteria,
forest rights in such areas of National Parks and Sanctuaries may be subsequently
modified or resettled for the purpose of creating inviolate areas for wildlife conservation.
To ensure that the Act is implemented properly and the affected villages are not deprived
of their rights, Gram Sabhas will be empowered to conduct such studies as mapping of
their village boundaries, documenting their rights, participating in the mapping of the
critical wildlife habitat which would help them to complement or challenge the proposal
of the State Government for the demarcation of critical wildlife habitat. Given Orissa’s
poor record of implementing any progressive law, it is imperative that pressure is built up
from below to ensure that the law gets implemented properly.
Objectives of the study
•
To mark the entire village boundary of Semelpadhar village demarcated by Forest dept.
•
To identify the customary boundary of tribal at Gudipada cluster of Semelpadhar village.
•
To know the land use pattern of tribal in forestland.
•
To record the Bio-diversity in the village and around.
•
To know the resource use pattern and the maximum coverage distance inside forest of tribal.
30
•
To analyze the traditional/customary rights of tribal at Gudipada.
•
To record the human-animal conflict in the village.
Scope of the study
The study intends to explore the variegated process of Critical Wild Life Habitat (CWH)
enhancing the settlement of tribal rights that can be replicated in similar situation to help the tribal
people achieve their livelihood objectives.
First time in India a manual is developed for the process of CWH. A scientific study will be
established in this regard to recognize the tribal rights and settlements of rights.
It would contribute a big support to
Š NGOs
Š CSOs
Š GOVT. officials
Š Other developmental sectors.
Limitation of the study
The area selected for the research study is placed at the midst of forest and the time was in
monsoon phase. The place is faced extreme weather condition. The study was given a time frame
of 20 days, during the period always the study was clashed with the hazardous weather condition,
the rain was at its pick form that led to unavailability of tribal for resource interaction and the
objective of the study resource interaction map and the customary boundary mapping of tribal got
disturbed. Also the household survey was bothered due to the heavy rain and most of the time the
tribal were busy in reshaping their houses. At the first phase of the study some PRA tools were
seems to be impossible like social map, resource map, FGD because of space constraints, all the
time rain forced to pack up.
Constraints are as follows:
Š Weather constraint
Š Time constraint
Š Space constraint
31
Chapter-2
REVIEW OF LITERATURE
The scholar had to study a number of literatures like Research papers, Magazines, Books
and Concept papers to gain an understanding about the subject and to acquaint him with
similar research work done in this area.
Presented below are summaries of some of the works, studies and reports, which have
guided the scholars in his study.
A guide to the biological diversity Act 2002’ (2007) Kalpavriksh, Grain and IIED stated
that, “Bio-diversity is crucial for livelihoods of communities are directly dependent on
the ecosystem that they live in. The dependence also extends to basic subsistence
requirements with regard to water, food, fuel, housing, fodder, medicine, fruits, seeds,
flowers, timbers, while communities and traditional healers use a range of plants extracts
and animal parts for traditional medicines.”
The Magazine Kurukshetra, December (2006), (Radhey Shyam and Ritesh) Joshi
examined that; “wild life and rural people depend directly or indirectly on forest
materials for many needs. Strong awareness among the rural peoples, especially tribal
community may be helpful in wild life conservation.”
Intellectual property rights, biodiversity and traditional knowledge (2006) (Tejaswini
Apte) stated that, “traditional knowledge plays an important role in the conservation of
bio-diversity and it traditional uses for developing commercial products.
Peopled bio-diversity Register (PBR) states village level register that documents local
bio-diversity and the local community’s knowledge on bio-diversity including its
conservation and traditional uses.”
Wild bio-diversity: - All over India local communities have independently conserved wild
areas, natural ecosystem, sometimes deemed to be sacred and inviolate.
The Journal “Parks” Vol.16 No.1 Community Conserved Areas 2006 defined that,
“Community Conserved areas can be determined as natural and modified ecosystem with
32
significant biodiversity, ecological and related cultural values, voluntarily conserved by
indigenous peoples and local communities through customary laws.”
The Wildlife Protection Act, 1972 is strong regulatory statue which restricts almost all
activities inside protected areas and Impacts of wildlife policies on the lives and
livelihood of poor tribal and other marginalized Communities living in and near the
protected areas.
The order of Supreme Court (14th Feb 2000) restricting NTFP collection in protected
areas followed by enactment of wildlife Act 2002 has extremely serious implications for
the tribal and forest dwellers living in and around the 18 protected areas.
Revised working plan for the reserved forests and proposed reserve forests of Kalahandi
forest Division (1997-98 to 2006-07) informed that all Govt. documents of both forest
Sanctuary and Reserve Forest. Wild life conservation, NTFP collection, community
rights and livelihood security, community conserved areas and protected areas, land use
pattern, tribal rights, etc.
The Gazette of India extraordinary Part-II, Section-1 (29th Dec 2006) Stated that, “The
scheduled tribes and other traditional forest dwellers (Recognition of forests) Act, 2006
recognized the rights of the forest dwelling scheduled tribes and other traditional forest
dwellers include the responsibilities and authority for sustainable use, conservation of
bio-diversity, maintenance of ecological balance and strengthening the livelihood and
food security of the forest dwelling Scheduled Tribes and other traditional forest
dwellers.
The Gazette of India extraordinary (29th June 2007) Stated that, ‘The scheduled tribes
and other traditional forest dwellers (Recognition of forest rights) rules, 2007, it
explained about Gram Sabha and various communities, forests rights of forest dwelling
scheduled tribes and other traditional forest dwellers, duties of holders of forest rights,
responsibility of authorities and procedure for vesting of forest rights- Claim form for
community rights to forests rule 27 (1), Title for forest Land under occupation rule (18).
33
Chapter-3
Research Methodology
The chapter research methodology deals with methods and procedures adopted in the
study during the course of investigation, field survey, data analysis and preparation of
manuscript. The methods used in carrying out the investigation have been presented
under the following headings:
Š Selection of area for the study
Š Tools and techniques applied in the study
Š Sampling technique used
Selection of area for the study
Gudipada cluster of Semelpadar village of Karlapat panchayat in ThuamulRampur block of Kalahandi dist was preferred for the study. The place was selected for
the research study for following criteria:
Š Coming under scheduled V area
Š Belong to Protected Area (PA) network
Š Falls in KBK dist.
Š Un-surveyed village.
Š Rights related problem in the area.
34
Satellite Image of Semelpadar Village
35
Satellite Image of Gudipada Cluster
36
Methods of Study
• PRA Tools
• Observation Method
• Household Survey
• Global Positioning System (GPS)
PRA TOOLS USED
¾ Transact walk
¾ Social map
¾ Resource map
¾ Seasonal work activity
¾ Seasonal food calendar
¾ Seasonal diseases calendar
¾ Mobility map
¾ Venn diagram
¾ Daily activity clock for men and women
¾ ITK mapping
These many of PRA tools are found to meet with the objectives of the study.
37
Tools and Techniques applied for the study
Sl.no
Topic of Study
Demography
Tools/Methods used
Social map, FGD
1
Village Boundary Mapping Transact walk, Mobility Map, GPS, FGD
2
Resource Interaction Pattern Resource Map, Venn diagram, Seasonal food
3
calendar, GPS technology, FGD
Land Use Pattern
Resource Map, House hold survey
Bio-diversity
Resource map, FGD, house hold survey
Livelihood Pattern
Seasonal work activity, daily activity clock,
4
5
6
FGD
Rights on Resources
Transact walk, FGD, Observation, Survey
7
Sampling Technique Used
Identification of Groups
•
NTFP Gatherers.
•
Hunters
•
Grazers
•
Women Group
For the study four groups were selected in the village for knowing the resource
interaction pattern.
38
Chapter-4
Result and discussion
Demography profile of “Semelpadar” village
Semelpadar village is a set of four cluster named “Gudipada”, “Nuapada”,
“Apamarapada”, and “Garudpadar”. The clusters are not adjacent to each other; all these
come within 4 km radius. The separation distance is around 1 km from each other. Each
cluster has some habitation and certain population. The following table gives the detail
demography of each cluster.
Sl no.
Cluster name
House
Male
Female
Boys
Girls
Total
holds
1
Gudipada
30
31
36
44
38
149
2
Nuapada
07
06
07
14
10
37
3
Apamarapada
04
05
05
13
03
26
4
Garudpadar
03
03
03
05
06
17
44
45
51
76
57
229
Total
D E M O GR AP HY O F S E M E L PAD H AR
3 3.18
19.65
m a le
22.27
24.89
S
fem ale
b o ys
g irls
39
The Gudipada cluster of Semelpadar was only emphasized for the study, which has room
for 30 households and the population is 149.
Demography of Gudipada
Cluster
H.H
Male
Female
Boys
Girls
Total
31
36
44
38
149
name
Gudipada 30
DEMOGRAPHY OF GUDIPADA
29.53
25.5
24.16
20.8
male
female
boys
girls
DISTANCES OF INSTITUTION FROM SEMELPADAR
SL.
NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
INSTITUTIONS
LOCATION
POST OFFICE
PRIMARY SCHOOL
FOREST OFFICE
AGANWADI
PANCHAYAT
POLICE
STATION
(FANDI)
MARKET
REVENUE OFFICE
BANK
ANTODAYA OFFICE
MAIN MARKET
SUB-DISTRICT
HOSPITAL
BLOCK
R.I OFFICE
PURUNAGUMA
PURUNAGUMA
PURUNAGUMA
PURUNAGUMA
KARLA PAT
KARLA PAT
DISTANCE
Km.)
4 Km
4 Km
4 Km
4 Km
11 Km
11 Km
SAISURNI
SAISURNI
GUNUPUR
KANIGUMA
BHAWANIPATNA
BHAWANIPATNA
BHAWANIPATNA
THUMAL-RAMPUR
THUMAL-RAMPUR
13 Km
13 Km
16 Km
21 Km
30 Km
30 Km
30 Km
42 Km
42 Km
(IN
40
Socio-economic profile of Gudipada of Semelpadar
The people of Gudipada are entirely dependent on agriculture, NTFP collection and wage
labour. Their livelihood is supported by these three activities. Apart from agriculture and
NTFP collection they also depend upon seasonal wage labour. The village consists of a
homogeneous community comprising scheduled tribes (ST), mainly Kondh tribe.
Livelihood Distribution
10
9
4
Agriculture
NTFP
Wage Labour
In a year agriculture is done for 10 months which provides a key support for
strengthening livelihood of tribal, than the livelihood is dependent on NTFP for 9 months
and wage labour contribute a support of 4 months.
Family structure
Family structure found in the village is generally nuclear with the newlywed preferring to
stay separate from their parents. Once a boy marries with a girl the maximum he stays
with his parent is 6 month after which they are separated with the consent of the parents
and are recognized as a separate household of the village. But the new family continues
to maintain a close relationship with the original family.
41
House type
Uniformity is observed in the house pattern. Almost all the houses are made of mud walls
with the support of bamboo sticks. Stones are laid down to afford extra hold up to the
mud walls. The roofs are prepared with straw and “chapara/khapar”(roof tiles). The
houses are less resistant to weather condition like heavy rain and wind, which is very
frequent in that area as it is at the midst of forest and close to mountains. In monsoon
season the houses are reshaped, modified and attuned in daily basis due to unbearable
capacity for the brutal weather.
Educational status
The literacy rate of the village is very low. People in the village do not give much stress
to the education of their children. The people are reluctant to send their children to
school, as their pockets do not allow them to do so. Also the children are engaged in
labour activities, which contribute to parent’s livelihood. The children are considered to
be the supporting hands for their parent in agriculture, NTFP gathering and in wage
labour. One of the main factors responsible for lower literacy rate in the village is that
there is no formal education facility and the schools are far away from the village.
Though govt. has launched a programme of education guarantee scheme (EGS) & a
teacher is appointed for the purpose but it is yet to reach out to the villager. The assigned
teacher of govt. is found to be absent most of the time since the indifferent attitude of
villager towards education.
The literacy rate of Gudipada is as follows:
Category
Literate
Illiterate
Total
Male
03
27
30
Female
02
36
38
Boys
12
32
44
Girls
09
28
37
Total
26
123
149
42
82
18
ILLITERATE
LITERATE
In the village parents are found to be allowing girls student to school utmost up to 5th
class and 10th class for a boy.
Marriage system
Mostly arrange marriage is favored in the village also love marriage is acceptable but the
rituals are strictly followed within the same caste. Early marriage is done in the village.
The normal suitable age is 17-18 yr for boys whereas the girls are taken eligible at the
age of 14-15 yr for marriage.
Death rituals
Once a person dies the whole villages join together for condoling the family member of
deceased, the body is than shifted to the cremation ground located in the sanctuary area,
this area the tribal have spotted of their own. Than the body is put on pyre, for which the
required woods are procured from sanctuary area by gathering or felling dry trees. While
returning after completion of funeral they prefer to take alcohol. The span of the rituals is
for ten days after 3 days of death, the whole villager gets to gather with the mourned
family and “san dibi” is functioned. Than on 10th day “bada dibi” is celebrated. In these
two celebrations are sponsored by the family member of deceased, sufficient amount of
wine and meat is offered to all villagers.
43
Festivals
Two main festivals are celebrated in a year. One is “push parav” falls in the month of
January and second is “maa rani parav” falls in the month of august. The functions
provide a base to the tribal to go for a purchase of new dresses. The local Jani (they call
Dishari) conducts all the rituals. Wine and meat are two things flooded out in these
festivals. In “push parav” otherwise known as “tukel jhika parav” (in tribal language)
here the adult boys and girls dance together in a rhythm, in that flow of dance if a boy
chooses a girl can take her to his home with the consent of girl or forcibly, this is the
significance of this festival. The goats and hens are sacrificed abundantly to please their
goddess. The tribal believe this way they fetch all the joy, happiness and wealth to their
family.
Social evils
The male of the Gudipada of Semelpadhar village are very fund of taking wine. For this
they depend on nearby “mad bhatti” and most of the times they form of their own by
using locally available produce like mandia, maize, mango, jackfruit, mahul, tamarind
etc. they also prefer to get the juice extract of khajur tree and salapa tree, it is used as
wine. The frequency of wine taking of male is in 2-3 days of interval. Through out the
day with a gap of 1 hour they enjoy “kahali” (a type of self made Biddi) and “Bhanga”.
At evening the male group together in their comfortability basis and use “Ganjei”. The
female only chew “Bhanga” with an interval of 1-hour major part of the day. It is studied
in the village, unless a boy get adult than only he can use alcohol, there is no such
restriction from parent side. Otherwise in minor age they can use “Biddi” and “Bhanga”.
44
List of Disease occurred
SEASON
SUMMER
RAINY
WINTER
MONTHS
MARCH
APRIL
MAY
JUNE
JULY
AUGUST
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
JANUARY
FEBRUARY
DISEASES
DISENTRY, MALARIA,
FEVER, COLD,
DIARRHEA, MALARIA,
PANIKHIA, COLD
MALE FOX, SKIN DISEASES, FEVER,
CHICKEN POX
Bio-diversity registers of Gudipada:
SL. NO.
NAME OF LIVESTOCK
TOTAL
1
COWS
60
2
OXEN
22
3
GOAT
66
4
POULTRY
63
5
DOGS
29
6
PEACOCK
01
7
PARROT
01
TOTAL
242
List of domestic trees found in the village: SL.NO.
NAME OF THE TREES
TOTAL
1.
JACK FRUIT
11
2
MANGO
12
3
GUAVA
08
4
PAPAYA
07
5
ORANGE AND LEMON
05
6
TAMARIND
12
7
DATES
02
8
SEETAPHAL
03
TOTAL
60
45
FINDINGS
Resource interaction pattern
Customary Boundary Mapping
The research was conducted in Gudipada (one of the cluster) of Semelpadhar village, one
of the un-surveyed village in Kalahandi dist. of Thuamul-Rampur block. The village is 30
km from Bhabanipatna falls at the south direction toward the road of Karlapat. The
village is located at the midst of sanctuary area and reserve forest area. The main aim of
the research was to identify the degree of resource use pattern and the actual customary
boundary of tribal dwelling in that village. When talking of customary boundary mapping
it signifies the extent of use over resources (natural resources like forest) and the
furthermost coverage area inside forest of tribal, which they have spotted out. The study
tried to know the maximum coverage of resource use inside sanctuary and reserve forest,
which was use as an indicator to identify the actual resource use pattern of the tribal. The
actual resource use pattern and its geographical extent were used as a measure to compare
the official and the tradional village boundary. The study also attempted to find out the
zone of interaction common to the tribal and the wildlife found in the area. This exercise
was undertaken to determine whether resource interaction of the tribal people coincides
with the Critical Wildlife Habitat (CWH) of wild animals present in the area. Despite of
the rules and regulation of govt. the tribal fearlessly overstep the line drawn by forest
dept. and move within the radius they have assumed their own; this practice has been
going on since ages. It is interesting to observe how tribal who primarily depend on forest
resources, which are sometimes non-contiguous, are told to limit their mobility within 1
km radius area demarcated by forest dept where they do not have any resource to depend
upon. There are instances when such “spatial dependence” has landed these tribal into
trouble when the forest department intercepts them.
46
The followings are the perceived rights of tribal of Gudipada under Semelpadar village,
which has strengthen the study Critical wildlife habitat.
CUSTOMARY RIGHTS OF TRIBAL OF GUDIPADA
Land use pattern:
The village Semelpadhar is an un-surveyed village where survey and right settlement
process has not been completed so far. The agriculture is practiced in forestland. Tribal
here are found to be practicing traditional cultivation or Jhum on a large scale in uplands
where the land is divided with mutual understanding of people. Every tribal has some
“Ghardiha”, “Gharbari”, plain land, “Jhum land”, “Bata land”, and “Aanth land”. Three
villagers have acquired some land in nearby revenue village.
List of land in acre and cultivation therein:
SL NO
NAME OF LAND
CULTIVATION
TOTAL
1
PLAIN LAND
PADDY (SINGLE and DOUBLE CROPPING)
63.7 ACRE
2
JHUM LAND
MANDIA, BLACK GRAM, KANDUL, KATING,
36.9 ACRE
JHUDUNGA, BRINJAL, CHILLI, KUSHILA,
KHED CHHANA, DOLDANGA
3
GHAR BARI
MAIZE, SEMI, MUSTARD SEED, BRINJAL,
16.95 ACRE
CHILLI, TOMATO, BARBATI
4
BATTA LAND
26.05 ACRE
ALSI
Land Use Pattern
63.7
36.9
26.05
16.95
Plain Land
Jhum Land
Ghar bari
Bataland
47
House Hold survey done in the village revealed that 63.7acre of land is Plain land where
paddy is only cultivated. Some people practices double crop in a year, whose land are
situated close to the stream and some are bound to do once in a year because no
alternative water source is available only dependency is on rainwater. In paddy field step
system of agricultural practice is done in that area. 36. 9acre of land in reserve forest area
is used for Jhum cultivation. In Jhum land they cultivate Mandia, Birhi, Kandul, Doldagn,
Khedjanha, Jhudunga, Kating, Kangu. The lands attached with their habitation are called
“Gharbari”; 16 .95-acre Gharbari lands are recorded in the village. In this land mostly the
villagers cultivate maize, Sorisa, Alasi and in a little space in that land they cultivate
Simba, Saru, chilli, brinjal. 26. 05 acre of land is recognized as “Bataland” in the village,
the lands are not adequately supplied with water so everyone prefers to cultivate “Alasi”.
The villagers have been paying “Encroachment fees” for all their plain land, Gharbari,
Ghardiha, Bata land and Aanth land, which are considered to be forestland encroached by
the villagers since ages. The fee is paid to the Revenue dept. the villager has settled their
encroachment fees up to last 2001.
The villagers of Gudipada have very
recently received their “Ghardiha Patta”
on 30.06.07 at Mohangiri village. Every
household has been granted 4 dis. the
villagers have got the pattas through
“Lineguda Mauza”. Lineguda is a
revenue village so Semelpadhar is
considered to be a part of that village
and these pattas are issued.
48
Facilities availed by the villager:
SL. NO.
1
2
3
NAME OF THE FACILITIES
BPL CARD/RATION
OLD AGE PENSION
ANNAPURNA
TOTAL
19
03
02
Water bodies
Many a water bodies have been identified inside and outskirt of Gudipada cluster. By
leaving very few all are originated from nature and considered to be streams, which flow
throughout the year. In summer some gets dried up for the heat wave. These water bodies
helped the research to know the tribal dependency and their extent of use.
Following are the water bodies inside the demarcated radius of Gudipada cluster.
The locals have named these:
• Rapta/Sukhanala/Niamba
jharan/Balamba
• Kusum jar
• Chuan
• Dumerykua
• Dudura aam jharan
• Budi bahal
The followings are exterior the cluster
flows in the interior forest. Identification
of these water bodies depicts the tribal intrusion inside forest.
• Bagbari (the stream is detracted and enter to sanctuary before coming to the village)
• Ghusuriguda (6 km inside sanctuary)
• Kutenguda (6 km inside sanctuary)
• Tranja (1 km inside sanctuary)
• Otpating (a under constructed dam in Reserve forest.)
49
• Pond (constructed by forest dept. 5km inside sanctuary area for elephant drinking
purpose.)
These outskirt water bodies are fully accessed by the tribal for fishing and the water is
fetched for any kind of road construction activities. The grazers allow the livestock to
satisfy the thrust.
For accessing these water bodies, the interaction of human always surpass the wild life
zone and move far ahead. The fresh pug marks of leopard, elephant, barking deer,
samara, wild-bore and Gaur are found in 3-4 km inside sanctuary which were trapped
during the study, it shows a positive evidence of wild life presence, which are adversely
affected by human interaction.
Forest:
An un-surveyed village “Semelpadar” is at the midst of sanctuary and Reserve forest
area. The forest has contributed a big share to strengthen the livelihood of tribal. Their
major dependency is based on collecting minor forest products. The ample availability of
resources in forest always put a smile on tribal face. The utmost coverage of tribal is
around 7-10 km inside forest to satisfy their requirements. Their coverage distances are
recorded by Global Positioning System (GPS). These distances the tribal have formed
their boundary, which is the customary boundary. They are convinced for their
interaction within the area they have spotted out.
Purposes of entering into
Forest:
As
the
study
was
conducted
in
Gudipada, the study of CBM has
analyzed the actual purposes of tribal to
venture in to forest, their resource use
pattern, and the coverage radius the
tribal have perceived.
50
Generally they have three purposes.
• To collect fuel wood
• To gather minor forest products
• Hunting
The visit to forest is in daily basis. The visit includes gathering NTFP and fuel wood but
the intention of hunting cannot be avoided. In every fine morning the mind set up is
predetermined and the hands are fully equipped with bows/ arrows to hunt when they set
out for their trip to forest. It is an everyday routine for them to have an access to forest to
collect the firewood and other NTFP. But during that phase of travel always their eyes
stroll to hit upon any wild animal to kill, they never leave a chance of hunting. The
hunting is not done for commerce; they only hunt for offer a spice to their taste.
(Locally made bullet used for hunting)
The requirement of firewood is in 2
days of interval, for the tribal never
hesitate to down a tree but the task is found
to be arduous so they always prefer to
collect firewood from laid trees or the
branches of tree. This is observed, their
direction is focused on one source of
firewood till that part completely fetched up.
One head load of firewood will support the
family for two days. It is seen within 2 km
there is abundant availability of firewood,
for bamboo the coverage distance is 4 km.
51
The women groups who more deliberate on collecting Siali leaves, mushroom, Kendu,
Kendu leaves, Char, Kanda, Kusum, fuel wood etc. the highest distance they have spotted
is 5 km inside forest, within this radius their use over resources is made.
Comparatively the women toddle less distance than men. The radius women have
perceived is their safe zone. They are not considered to be hunters when they step in to
their zone only axe they hold for collecting fuel woods. But throughout their activities if
their eye captures a Rabbit or Rat or Hen or monitor lizard then their hand automatically
picks up stones and pelt on it. With this trick they go for the hunt. Male and female
together never go to forest because man has certain radius to cover where the women
cannot be accompanied due to safety ground and time ground.
52
TYPES OF FOREST PRODUCTS/ TREES AND ITS USE
FOREST TREES
SL.NO.
1
TYPES OF TREES (LOCAL NAME)
RESERVE
SANCTUARY
COLLECTION
FOREST
AREA
PURPOSES
AVAILABLE
MORE
FUEL
AVAILABLE
PURPOSES
MORE
HABITATION
AVAILABLE
PURPOSES
MORE
MAKING PLATES
SAHAJ, DAAHRA, KHALAN,
HARIDA, BARENG, DAMAN
SARGI, SAHAJI, HALAN,
BAMBOO
2
TYPES OF WOOD
AVAILABLE
KHALAN, TANGAN, HARDIA,
AMALA, KHANSI, KARALA,
BIJA,
BAMBOO
3
SIALI LEAVES, KENDU LEAVES, SAL
AVAILABLE
LEAVES
4
KENDU, CHAR, MAHUL
AVAILABLE
AVAILABLE
KARRADI, MUSHROOM,
MORE
CONSUMPTION
AVAILABLE
KANDA, SAG, KUSUM
5
HARIDA, BAHADA, AMALA,
JHUNA, LAKHA, KENDU, HALAN,
AVAILABLE
MORE
SELLING
AVAILABLE
PURPOSES
TAGAN, BIJA, BAMBOO
Wild life
The density of sanctuary and reserve forest in the region encourages the presence of wild
animals inside. The confirmatory evidence of animal presence in the area was
acknowledged while tracing their pug/scat marks, which were found within 3 km radius
from Gudipada. The pug mark of barking deer and wild-boar have been detected in 1.5
km from Gudipada, while the pug/ scat of leopard, elephant, samara, Gaur start in 3km
from Gudipada, and in reserve forest zone the pug mark of Bear was identified in 1 km.
The freshness of pug marks and scat has put a firm proof for the study, the local accounts
53
of human/animal conflicts and the caves of leopard/beer shows clear picture of the ample
presence of wild animal in that area. The points were trapped by GPS where these
pug/scat marks were found.
(Pugmark of leopard, elephant, Gaur, Bear and barking deer)
At one side the pug/scat marks of animals confirm their presence, their interaction is
much closed to the village that is 1.5- 3km but at another side the human interaction
exceeds the interface zone of animal that is 7-10 km, it indicates the human interaction
overlap the interaction zone of animal and animal species are violated, they often become
the prey for men in this way. Also the whole process put an adverse affect on eco-system.
54
List of wild animals/birds found in that area
FOREST AREA
NAME OF ANIMALS
NAME OF BIRDS
RESERVE FOREST
LEOPARD, BARKING DEER,
PARROT, PEACOCK,
BEAR, SNAKES, RABBIT
HALDIBASANTI,
MONITOR LIZARD, MONKEY,
WOODPECKER, KOYAL,
BAJRAKPTA, SAM BAR, WILD EAGLE, BAICHADHAI,
SANCTUARY
BOAR, RAT,
OWL
ELEPHANT, MONKEY,
PARROT, PEACOCK,
LEOPARD,
HALDIBASANTI,
BARKING DEER, BEAR, WILD
WOODPECKER, KOYAL,
BORE, SNAKES,
EAGLE, BAICHADHAI,
MONITOR LIZARD,
OWL
BAJRAKPTA, RABBIT, SAM
BAR, TIGER
GAUR, DEER
55
Bear snatched a portion of ear of a tribal.
[
Resource Interaction Zone
9
10
3
4
2
1.5
0
7
2
4
3
8
The analyzed chart depicts, the red colour is the place of Gudipada and the violet colour
defines the human maximum interaction space inside forest. The boundary in the region
of red patch ensures the animal entrance, which is much closed to the place of dwelling.
The chart indicates the distances where within 1.5- 4 km of radius the animal presence is
spotted through pug/scat marks. Whereas human’s dealing go beyond up to 10 km that is
indicated in violet colour.
56
Satellite Image of Resource Interaction zone
57
Daily activity of women
Daily activity of men
41.66
37.5
33.33
29.16
16.66
field activity
20.83
12.5
forest
entertainment
dependency
8.33
rest
household
activity
forest
dependecy
field activity
rest
The above graphs give an idea, how much time men and women devote for resource
interaction in a day and rest time is slotted for their other activities that are known from
the daily activity clock of men and women. It is analyzed 29.16% (9.30am to 5pm) of
time is devoted for forest dependency in 24 hour whereas the women devote 8.33%
(10am to 2pm) of time in a day.
Stones
Another form of human interference in forest has been observed. The tribal of Gudipada
has got a clue to ruin stone, procure from reserve forest area that is based on hilly region.
The big rocks they make into pieces by hammer mostly for their habitation purposes and
sometimes they sell to the road contractors. But the tribal never allow their hammer to
break stone inside the village, the laid down rock are used for their relaxation purposes.
In reserve forest area where the tribal travel for breaking stones, that area has sighted the
presence of leopard, beer all these variety of species get disturbed because for these kind
of activity of tribal. It is really a serious threat for the wild species. The tribal have made
their coverage distance up to 3-4 km in reserve forest area but in 1 km the fresh pug mark
of Bear is found in its cave.
58
Minerals
The villagers of Gudipada have identified a spot 1.5 km inside sanctuary area where a
precious stone they procure in the local tone it is called “ Kakanili” around 50 gm of
good variety of stone cost around 10,000-12,000 rupees, this report is fed by the villager
but the place where the “kakanili” is originated is completely run out. Another spots the
people in a mood to search. The traders of Bhabanipatna made the villager to be
acquainted with the value of these stone and purchased from them by giving extremely
nominal price. But with that allurement the villagers were in top form to stick their eyes
on that place to dig up more stones, in this process they always exceeded the interaction
zone of animal like barking deer and wild-boar, which put an adverse affect. But with the
same time the tribal assume it is their right to access.
Soil
A type of red soil is only available at one point of hill, which falls in reserve forest area.
The soil is used for smearing the wall of their house. For this purpose heavy amount soil
is eroded from reserve forest. Whenever the eyes find any fadedness on the house wall,
their venture start to procure the red soil, this is a right the tribal have perceived. The
distance to the procurement point is around 1.5 km but with in 1 km the fresh pug mark
of Bear was explored, means the interaction zone of man and animal is overlapped for
this activity.
Food habit
The food habit is made according to the availability of resources. The food habit is very
much susceptible to change with the change of seasons, because season forever
determines what their cultivated land is produced.
59
The following table gives detail idea of their food habit in all seasons.
SEASON
MONTH
DAY
NIGHT
SUMMER
MARCH
MANDIA PEJA, TOMATO
MANDIA PEJA,
APRIL
TULU SAG, KANDUL,
TOL SAG,
MAY
SEME, BRINJAL,
POTATO, BRINJAL,
JUNE
MEAT-ABBIT, BARRAH,
TOMATO, KOSHLA RICE
FISH
FRUIT-MANGO, KENDU, JACK- FRUIT,
CHAR
RAINY
JULY
MAIZE, RICE, MANDIA PEJA, BHAJI
PADDY RICE, BEANS,
AUGUST
SAG, KARADI, MUSHROOM, KUSHILA
BRINJAL
SEPTEMBER
RICE,
BARBATI, POTATO, SAG,
OCTOBER
MEAT-GOI, CARB
KANDUL DAL, MANGO
FURIT- KUSUM
SEED CAKE, KANGU
KHEER, MANDIA PEJA
WINTER
NOVEMBER
KUSILA RICE, KHED CHHANA RICE,
KUSILA RICE, PADDY
DECEMBER
KANGU KHEER (MIX WITH JUGGERY,
RICE, JHUDUNGA SAG
JANUARY
SALT) JHUDUNGA SAG, KARADI
FEBRUARY
Rice, Dal and Mandia peja are the prime food of tribal. But Mushroom, Kardi, variety of
leafy vegetables (sag) etc. that they gather in a daily basis from forest are the additional
food items in their lunch and supper. For non-veg they fully depend on wild animal rather
than the livestock. An opportunity is always searched to hunt a wild-bore or Barking deer
or samara but in that search often they hunt a mentor lizard or a rabbit or red jungle fowl.
If at all someone succeed to hunt a big animal that is shared in whole village.
60
Seasonality of Food & Resource Interaction
25%
50%
25%
FC
NTFP
Meat
The tribal depend on 50% of food crop (FC), 25% dependency on NTFP and 25% is
based on meat throughout the year. Apart from FC, the tribal dependency on meat and
NTFP that is 50 %( 25%+25%) gives clear depiction of their resource use pattern, and
this is availed within the radius the tribal have perceived which always supercede the
interaction zone of animal.
The livestock (goats, hens) preserve are very occasionally sacrificed, when they have
guest to please or in their festival seasons. In their food habit alcohol is always added.
Which they form of their own from the local produces like Maize, Tamarind, Mandia
(raggy), Jackfruit, Mango, Mahul etc. the male are only habituated of it. For making wine
the tribal prefer in a hidden place inside forest as they are completely aware of the
stringent rule of govt. for the preparation of wine they cut down trees which is degrading
the density of forest day by day. But still the tribal feel this is their customary right that
they avail since ages.
61
Ritual and social customs
The rituals and customs of tribal contribute a lot to know their resource use pattern. For
funeral activities they have positioned the place that is in sanctuary area and that place is
used since ages. The funeral purposes the tribal collect firewood from sanctuary area by
cutting down trees. Also in festive season or any local occasion they show their
customary right that has been with in since years back and without any kind of hesitation
they chop down trees.
Traditional agriculture
Jhum cultivation referred to the traditional agriculture of tribal in Gudipada. Jhum
cultivation is a traditionally adopted practice of the tribal. For this practice the mountain
ranges are divided area wise with a mutual understanding of villagers.
For jhum
cultivation trees are mercilessly slashed down, put at middle of the land and blaze those.
The remained ass is used for manure of the land. In one land they farm highest up to two
year than the land’s yielding capacity is decreased. Then they leave the land as such for
two years to regenerate and regain the fertility. Mostly during this time they do not search
other area for Jhum cultivation, in this phase their livelihood is completely depend on the
low land farming. The upland farming contributes a big strength to the livelihood rather
than lower land farming.
NAME OF LAND
CULTIVATION
ACRE
JHUM LAND
MANDIA, BLACK GRAM, KANDUL, KATING,
36.9 ACRE
JHUDUNGA, BRINJAL, CHILLI, KUSHILA,
KHED CHHANA, DOLDANGA
62
Lower land and upland cultivation throughout the year:
Slno. Month
Lower land
Jhum land
1
Jan
Nil
Nil
2
Feb
Seed sowing (10 days)
Land preparation (10 days)
3
Mar
Fencing
Burning trees
4
April
Harvesting (last 15days)
Nil
5
May
Harvesting (1st 15 days)
Nil
6
Jun
Nil
Harvesting (last 15days)
7
July
Seed sowing (15 days)
Harvesting (1st 10days)
8
Aug
Seed sowing (15 days)
Nil
9
Sep
Nil
Nil
10
Oct
Harvesting (last 15days)
Nil
11
Nov
Harvesting (1st 15days)
Harvesting (Biri,Mandia,Kating)
12
Dec
Nil
Harvesting (Biri,Mandia,Kating)
Farm ing Pattern
8
6
Upland Farm ing(Jhum )
Low land Farm ing
Though 8 month of farming is done in lower land but the production is not sufficient
because of the soil texture but in upland farming that is for 6 month provides a better
yield. The wealth graph is bit elevated in upland farming and food security is sustained
throughout the year.
63
As this traditional practices has been since ages but it was not affected the ecosystem in
early time as there was a great density of forest but now a days for human greed forest is
degraded like anything. Still traditional agricultural practices is in top form despite the
strict rules and regulation of govt. people still feel fearless and perform the practice the
cause of this scare less is, it is a traditionally adopted practice of tribal and they believe it
as their traditional right. But serious threat on ecology is clearly marked for the uplandfarming pattern. The practice is on the verge to finish the remained forest. While moving
towards Saisurni, 16 kms from Gudipada just before reaching Saisurni a devastated
picture is visualized at the left side from road point, all the mountain range are
completely wiped off. But it is surprised why the man in uniform overlooks while a
normal eye can catch the picture easily.
Land preparation for Jhum
Grazing Land
The grazing lands the tribal have spotted in a certain distance supplement a strong base
for the research study to analyses another form of resource use pattern and the customary
boundary marked for this purpose. The livestock grazing stuff is not adequate inside
village; it becomes a risk factor if they are allowed to graze inside village because
agricultural lands are packed around. Two persons in that village are engaged to take the
livestock (cows, oxen, goats) for grazing into the sanctuary area up to a distance of 6-7
64
kms. The usual time to collect all the livestock from each house is at 10 am than engaged
persons get those to forest and return at 6pm. Each person is paid 50/- per each livestock
in a year, any kind of misshapen or loses of livestock the grazer is not responsible for.
The grazing land they have identified is full of grass and leaves. First the grazer take
them to the last grazing land that is in 7 km inside forest, one hour the animals are
allowed to graze and the grazers engage in collecting NTFP. Than after an hour the
grazer assembles all the livestock take them to two more grazing lands which is 1 km
back from that point than the animals are allowed to graze up to 5 pm. during that period
the grazers search firewood or NTFP, the hands are equipped with bows and arrows for
hunting. Major interaction is done for this work as compare to other activities. In 20 days
of study 18 times the grazers with livestock entered to the sanctuary area up to that
distance. In case of severe weather condition than they take the livestock to very near
distance. But their each visit crosses the wild animal zone that is 3-4 km from the village.
In 20 days of study a percentage is derived to know the tribal dependency over forest for
varied of purposes.
Resource interaction frequency
90
75
50
NTFP
Hunting
50
Grazing
Firewood
It is observed in 20 days for NTFP collection in 15 days the tribal had entered to forest,
10 days were for hunting purpose, for grazing highest 18 days tribal had gone to the
forest and for fire wood collection they have visited 10 days out of 20 days.
65
Records of Traditional rights of Tribal
• Cremation Ground.
• Jhum cultivation (RF) and agricultural practice in forest land.
• Collection of minor forest products.
• Cutting down commercial trees for selling and habitation purpose.
• Hunting of wild animals.
• Grazing land in sanctuary.
• Extraction of red soil from RF house making.
• Collecting stones for construction and selling from RF and “Gem
from sanctuary.
(kakalini) stone”
• Making wine inside forest.
66
Chapter-5
SUMMARY AND CONCLUSION
• The main aim of the research was to identify the degree of resource use pattern and
the actual customary boundary of tribal dwelling in the village and the customary
rights the tribal have felt.
• The agriculture is practiced in forestland. Tribal here are found to be practicing
traditional cultivation or Jhum on a large scale in uplands (hilly area).
• These outskirt water bodies are fully accessed by the tribal for fishing and the water is
fetched for any kind of road construction activities. The grazers allow the livestock to
satisfy the thrust. For accessing these water bodies, the interaction of human always
surpass the wild life zone and move far ahead.
• The study of CBM has analyzed the actual purposes of tribal to venture in to forest,
their resource use pattern, and the coverage radius the tribal have perceived.
• The density of sanctuary and reserve forest in the region encourages the presence of
wild animals inside. The confirmatory evidence of animal presence in the area was
acknowledged while tracing the animal’s pug/scat marks, which were found within 3
km radius from Gudipada.
• The human interaction exceeds the interface zone of animal that is 7-10 km; it
indicates the human interaction overlap the interaction zone of animal and animal
species are violated.
67
• Stone procurement from reserve forest area that is based on hilly region. For this
purpose the extent of use over resource and the traditional right is analyzed.
• The villagers of Gudipada have identified a spot 1.5 km inside sanctuary area where a
precious stone they procure in the local tone it is called “ Kakanili”.
• A type of red soil is only available at one point of hill, which falls in reserve forest
area. The soil is used for smearing the wall of their house.
• The food habit is made according to the availability of resources. The food habit is
very much susceptible to change with the change of seasons, for food habit what is the
resource use pattern is analyzed in the study.
• The rituals and customs of tribal contribute a lot to know their resource use pattern.
• Jhum cultivation referred to the traditional agriculture of tribal in Gudipada. Jhum
cultivation is a traditionally adopted practice of the tribal.
• The grazing lands the tribal have spotted in a certain distance supplement a strong
base for the research study to analyze another form of resource use pattern and the
customary boundary marked for this purpose.
68
Conclusion
The study has guided to know the boundary of tribal that is their customary boundary and
the rights (customary) they have been assuming since ages over resource use pattern. For
availing these rights the tribal are not supposed to abide by any rules and regulations.
Many a customary/traditional rights have come up in the research, which have some
relevance in the life of tribal. The assumed rights of tribal have contributed more or less
in their livelihood. Except very few other rights should be availed otherwise the tribal are
handcuffed to strive for food. The food security of tribal is persistent for the forest
resources around.
But some perceived traditional rights have put the eco-system in threat, these rights have
compelled the ecology to degrade, and following are these rights:
• Hunting wild animal
• Jhum practice
• Cutting down trees
Recommendation
• Restriction on hunting.
• Advocacy of rights over traditional agriculture based on scientific study.
Hunting should be strictly prohibited otherwise it is not so far when the wild animals
are found only in books.
69
Appendix
GPS READINGS
VILLAGE BOUNDARY MAPPING
Sl.no
0
Pillar no.
RF/Sanctuary
Sanctuary
1
74
Sanctuary
2
73
Sanctuary
3
72
Sanctuary
4
71
Sanctuary
5
70
Sanctuary
6
69
Sanctuary
7
68
Sanctuary
8
67
Sanctuary
9
66
Sanctuary
10
65
Sanctuary
11
64
Sanctuary
GPS reading
117-78-471E
070-62-572N
533m
117-80-415E
070-63-091N
524m
117-79-119E
070-63-081N
504m
117-79-686E
070-63-047N
475m
117-79-403E
070-62-868N
479m
117-79-186E
070-62-747N
498m
117-78-978E
070-62-720N
596m
117-78-739E
070-62-749N
518m
Description
Main road of
Gudipada chowk
1st pillar of Gudipada
NTFP Godown
(Downwards to the
sanctuary area)
117-78-275E
070-62-835N
517m
117-77-002E
070-62-940N
518m
117-77-714E
070-63-031N
516m
117-77-498E
70
12
63
Sanctuary
13
----
Reserve forest
14
----
Reserve forest
15
----
Reserve Forest
16
----
Reserve forest
17
----
Reserve forest
18
----
Reserve forest
19
----
Reserve forest
20
----
Reserve forest
21
----
Reserve forest
22
----
Reserve forest
23
----
Reserve forest
24
----
Reserve forest
25
Reserve forest
070-63-169N
504m
117-77-334E
070-63-311N
505m
117-77-207E
070-63-308N
491m
117-76-730E
070-63-076N
494m
117-76-952E
070-62-747N
503m
117-76-952E
070-62-641N
511m
117-77-139E
070-62-473N
519m
117-77-221E
070-62-326N
519m
117-77-293E
070-62-199N
522m
117-77-316E
070-62-048N
526m
117-77-486E
070-61-944N
518m
117-77-582E
070-62-129N
521m
117-77-640E
070-62-228N
525m
117-77-826E
070-62-267N
531m
117-78-081E
Saw a Rabbit
71
26
Reserve forest
27
Reserve forest
28
Reserve forest
29
Reserve forest
30
Reserve forest
31
10
Reserve forest
32
Reserve forest
33
Reserve forest
34
Reserve forest
35
Reserve forest
36
Reserve forest
37
Reserve forest
38
Reserve forest
070-62-174N
529m
117-78-196E
070-61-841N
533m
117-78-432E
070-61-754N
547m
117-78-578E
070-61-689N
551m
117-78-794E
070-61-853N
554m
117-78-890E
070-61-869N
553m
117-79-104E
070-61-787N
548m
117-79-837E
070-61-770N
531m
117-79-980E
070-61-706N
531m
117-80-185E
070-61-604N
545m
117-80-297E
070-61-544N
528m
117-80-367E
070-61-530N
546m
117-80-563E
070-61-440N
527m
Last pillar of Gudipada
cluster
First pillar of Nuapada
cluster
117-80-798E
070-61-676N
537m
72
39
40
Reserve forest
45
Reserve forest
41
Reserve forest
42
Reserve forest
43
Reserve forest
44
Reserve forest
45
Reserve forest
46
Reserve forest
47
Reserve forest
48
Reserve forest
49
Reserve forest
50
16
Reserve forest
51
15
Reserve forest
52
Reserve forest
117-81-012E
070-61-027N
544m
117-81-251E
070-60-866N
563m
117-81-373E
070-60-783N
566m
117-81-825E
070-60-546N
577m
117-81-511E
070-60-585N
568m
117-81-799E
070-60-873N
553m
117-81-907E
070-60-779N
561m
117-82-174E
070-60-572N
568m
117-82-362E
070-60-371N
566m
117-82-778E
070-60-517N
564m
117-82-778E
070-60-517N
564m
117-82-972E
070-60-416N
556m
117-83-034E
070-60-329N
567m
117-83-253E
070-59-893N
Plantation of teak trees
by Forest dept.
Last pillar of Nuapada
cluster
First pillar of
Apamarapada cluster
Last pillar of
Apamarapada cluster
73
53
12
Reserve forest
54
Reserve forest
55
Reserve forest
56
Reserve forest
57
Reserve forest
58
Reserve forest
59
Reserve forest
60
Reserve forest
61
Reserve forest
62
Reserve forest
63
Reserve forest
64
Reserve forest
65
Reserve forest
66
90
Sanctuary
613m
117-83-401E
070-59-767N
604m
117-83-474E
070-59-316N
644m
117-83-531E
070-58-988N
633m
117-83-734E
070-58-518N
645m
117-83-873E
070-58-447N
651m
117-84-079E
070-58-952N
644m
117-84-166E
070-58-753N
634m
117-84-199E
070-58-864N
630m
117-84-271E
070-58-976N
613m
117-84-273E
070-59-083N
605m
117-84-507E
070-58-989N
608m
117-84-629E
070-59-043N
571m
117-84-760E
070-59-192N
596m
117-84-852E
070-59-192N
First pillar of
Garudpadar cluster
Reached at main road
of Garudpadar cluster
74
67
89
68
Sanctuary
Sanctuary
69
88
Sanctuary
70
87
Sanctuary
71
85
Sanctuary
72
84
Sanctuary
73
Sanctuary
74
83
Sanctuary
75
82
Sanctuary
76
81
Sanctuary
77
80
Sanctuary
78
79
Sanctuary
79
78
Sanctuary
80
Sanctuary
608m
117-84-789E
070-59-616N
613m
117-84-807E
070-59-415N
614m
117-84-720E
070-59-872N
605m
117-84-440E
070-60-144N
593m
117-83-593E
070-60-721N
567m
117-83-268E
070-60-907N
552m
117-83-234E
070-61-023N
548m
117-83-224E
070-61-158N
542M
117-83-023E
070-61-270N
538m
117-82-825E
070-61-330N
531m
117-82-566E
070-61-536N
532m
117-82-150E
070-61-859N
499m
117-81-842E
070-62-075N
506m
117-81-732E
070-62-091N
Move towards from
Garudpadar to
Semelpadar.
Entry point of
Garudpadar cluster
from main road.
Entry point of
Apamarapada from
main road
Entry point of
Nuapada from main
75
81
77
Sanctuary
82
76
Sanctuary
83
75
Sanctuary
84
Sanctuary
513m
road
117-81-453E
070-62-205N
502m
117-81-187E
070-62-440N
496m
117-80-693E
070-62-812N
483m
117-80-523E
070-62-987N
492m
Entry point of
Gudipada from main
road.
RESOURCE INTERACTION ZONE IN
SANCTUARY/RESERVE FOREST AREAS
Sl
no
1
2
3
4
5
GPS Reading
Description
117-76-141E
070-64-988N
524m
19*42.27N
083*04.84E
117-77-491E
070-64-779N
524m
19*42.07N
083*05.01E
117-77-822E
070-65-685N
482m
19*42.17N
083*05.17E
117-77-826E
070-65-716N
489m
19*42.16N
083*04.93E
117-77-441E
Plantation of Teak trees (5000) by forest Dept. in
sanctuary area.
Kiapadar villager for habitation purpose cut down a
Bija tree.
Reached at main road.
Sanctuary pillar point of Gudipada from NTFP
Godown
Earlier they were the residents and later on they were
76
6
7
8
9
10
11
12
13
070-64-891N
485m
19*42.10N
083*05.02E
117-77-396E
070-68-992N
447m
19*42.57N
083*05.51E
117-77-321E
070-68-874N
442m
19*42.65N
083*05.51E
117-77-321E
070-69-165N
427m
19*42.70N
083*05.53E
117-76-715E
070-69-968N
426m
19*42.57N
083*05.56E
117-78-158E
070-71-176N
461m
09*42.85N
083*05.92E
117-76-621E
070-70-178N
430m
19*42.19N
083*05.57E
117-76-154E
070-70-276N
410m
19*43.07N
083*05.52E
117-77-712E
070-70-743N
395m
19*43.09N
displaced by the Forest rule.
Identified of pug mark of leopard
The pugmark of biog leopard.
Identified the pugmark of wild bore
Scat of elephant
The Ghusuriguda stream
The pug mark of Gaur
The pug mark of Elephant
Reached at the Kutenguda stream
77
14
15
16
17
18
19
20
21
22
083*05.52E
117-75-075E
070-69-391N
491m
19*42.99N
083*05.25E
117-75-048E
070-67-109N
456m
19*42.69N
083*04.96E
117-75-319E
070-66-667N
454m
19*42.059E
083*04.94E
117-78-144E
070-68-928N
454m
19*42.29N
083*05.38E
117-79-691E
070-65-610N
408m
19*41.79N
083*05.29E
117-82-045E
070-75-196N
512m
19*42.58N
083*05.71E
117-83-298E
070-68-231N
618m
19*41.84N
083*06.27E
117-78-073E
070-60-483N
685m
19*41.44N
083*04.54E
117-77-965E
The pug mark of Barking Deer
The Tractor wheel mark
Reached at main road.
Scat of Elephant
Reached at Tranja (water body)
A pond constructed by forest dept. for elephant
drinking purpose.
Highest grazing point of the hill.
The pug mark of Wild bore
The pugmark of Bear and its cave in Reserve Forest
78
23
24
070-60-295N
724m
19*41.42N
083*04.50E
117-77-875E
070-59-828N
811m
19*41.37N
083*04.43N
117-77-000E
070-58-369N
1009N
19*41.16N
083*04.26E
area.
The Leopard cave
The top point of mountain in Reserve forest
79