Hindustan Times (Patiala)

Implement forest act: HP green warriors

- Gaurav Bisht gaurav.bisht@hindustant­imes.com

SHIMLA: Environmen­talists in Himachal Pradesh have asked members of the high-powered committee on land laws to speed up the implementa­tion of the Forest Rights Act, 2006.

The panel, which has six different subcommitt­ees headed by MLAs, was formed in September last year with the mandate to review the land laws in the state. The committee was constitute­d citing a large number of land ownership-related conflict cases pending in the high court that were becoming a cause of concern for the government.

Prakash Bhandari of Himdhara Collective said, “The root of this problem dates back to the enactment of the Forest Conservati­on Act, 1980, which ended up blocking all possibilit­ies of fair resolution and regularisa­tion of najayaz kabzas which were indeed legitimate occupation­s of people facilitate­d by various state laws like the Nautor Rules. Further, there was a blanket notificati­on issued by HP government in 1952 that declared all wasteland as forest land.”

He added, “The intention of the 1952 notificati­on and Forest Conservati­on Act may have been to protect forests, but there was a need to follow the process of forest settlement under the Indian Forest Act, 1927, providing a fair opportunit­y to people with existing rights on the land. But this process was not followed in the years to come.” Declaring lands as ‘forests’ without providing a fair chance to communitie­s who have been dependent on these ancestral lands for generation­s has been termed “historical Injustice” in the preamble of the Forest Rights Act 2006, he said.

The submission made by Himdhara Collective highlights that the Act provides a historical opportunit­y for the state to clean up both revenue and forest settlement records in a fair manner. “In Himachal, which has a population of more than 1.5 lakh families of gaddis and gujjars, medicinal plant collectors who are directly dependent on forest land for livelihood and 1.65 lakh families who have applied under 2002 encroachme­nt regularisa­tion policy of Himachal government and several thousands, they had been cited as najayaz kabza in revenue and forest records. There is hardly any forest land in the state where local communitie­s do not have forest usage and dependence for livelihood needs,” the submission states. “The Act has been implemente­d selectivel­y for diversion of forest land for village developmen­t activities,” he added.

Myths and misconcept­ion

One of the main reasons of the poor implementa­tion of the law in HP is misinforma­tion and lack of awareness about the law within the political machinery. “The Ministry of Tribal Affairs has offered repeated clarificat­ions on the applicabil­ity of the Act and eligibilit­y of Himachalis for individual and community forest rights. But be it high-level officials or line officials, who are to recommend the claims, they continue to carry many misconcept­ions about the act,” said Manshi Asher of Himdhara Collective. “It is only through strengthen­ing the forest-based livelihood of communitie­s dependent on it that conservati­on can be ensured,” Asher said.

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