Rampant violations of Forest Rights Act in AP

The Government of Andhra Pradesh is playing with figures to conceal the weak results of implementation of Forest Rights Recognition Act (FRA). The FRA recognises three broad sets of rights over forests: Individual Forest Rights (IFRs), Community Forests Rights (CFRs) and Community Forest Resources Rights (CFRRs).

The CFRs are ensured under the FRA under Section 3(1) which include access and dispose of minor forest produce, fishing rights and other products of water bodies, grazing, and tenures of habitat and habitation rights of PvTGs etc. The Government of AP has not yet recognised the CFRRs and several CFRs like Habitat and Habitation Rights of Particularly Vulnerable Tribal Groups. On the other hand, the data presented by it on implementation of CFRs is questionable.

As of August 2016 in Andhra Pradesh, IFR claims of 1,50,345 were filed covering an extent of 3,34,800 acres. Of which 83,874 claims covering an extent of 1,98,400 acres were allowed, which constitutes 59 per cent of the total land. Besides, 4,493 claims were submitted for the grant of CFRs over 6.52 lakh acres. Of that 1,319 claims were allowed, covering an extent of 4.34 lakh acres, which constitutes around 66.53 per cent.

Ground realities in West Godavari district with regard to the progress in FRA claims reveal the practices and nuances of implementation of the FRA. As of September 2016, of 12,041 IFR claims covering the land of 23,631 acres were filed for recognition of IFRs, but only 1,779 (14%) claims covering an extent of 3,808 acres (16%) were approved. The CFR claims numbering 345 including Vana Samrakshana Samithis (VSS) were filed covering an extent of 61,000 acres for recognition of CFRs, while 153 (44%) CFR claims covering an extent of 60,153 acres (99%) were cleared by the DLC.

This data is questionable both in the eye of law and fact. Of the total approved 153, around 78 titles were granted in favour of VSSs covering an extent of 51,619 acres. In fact, recognition of the CFRs and issuing titles to VSS instead of Gram Sabha was considered illegal and the Ministry of Tribal Affairs (MoTA) already directed the State government to withdraw the titles. Similarly, rest of the CFR claims are also questionable. A close scrutiny of internal correspondence among the district officials and resolutions of the District Level Committee (DLC) constituted under the FRA reveals startling facts.

The proposals given by user agencies for diversion of forest land to take up development activities like construction of roads, laying electric lines, infrastructure etc are dubbed as the CFR claims. The FRA also ensures development rights under Section 3(2) that on the recommendation of Gram Sabha, diversion of forest land can be permitted for the purpose of developmental activities in less than one hectare in each case and which involves felling of trees, not exceeding 75 per hectare.

This provision is nothing to do with the recognition of CFRs ensured under Section 3(1). To tinker the “one hectare” condition to get permission for diversion of forest land, caution was well taken by the user agency in proposing each works within the limitation. For instance, construction of a tar road from Reddy Ganapavaram to Pakalagudem villages in Buttayagudem mandal through reserved forest area was shown as two separate proposals showing them as CFR claims. Similarly, in the same Mandal, Puliramannagudem to Kannarapaddu was shown as 3 bits of roads and dubbed with three CFR claims.

In the same procedure for formation of roads from Manjuluru to Gogumilli was shown as CFR claims. These are only few instances to quote and expose the ill deeds of officials. The modus operandi is that the user agency of departments concerned submits proposals for diversion of forest lands and the DLC directs proactive action by involving the official machinery.

The mandatory consent of Gram Sabha under FRA is made nominal and sham. For instance laying of electrical lines in Polavaram Mandal and formation of roads in Buttayagudem and other mandals, for construction of temples were all shown as recognition of CFRs in clear violation of FRA. It is time for the policy makers to demand and present facts to see the true state of the situation of FRA implementation or violations to suit vested interest in Andhra Pradesh.

By Palla Trinadha Rao