Unending struggle of tribals

On 12th August forest department had displaced about 15 tribals families from their occupied land, which is in-possession of them, from long generations. Forest department destroyed crops and caned children and women, forest employees in command of ACF rank officer reached to Hayla village, which is in Ggunda block of Udaipur district, along with police protection to displace villagers. Before displacement they did not issued any legal notice, and illegally displaced them. According to forest right recocnization act 2006,before the physical verifications of FRC, (forest right committee) approval of gramsabha, examine of sub divisional and district level committee, displacement cannot be done.

This is not first time, unending displacement is continued since 1980 and every year in rainy season forest department intentionally displaced and destroyed their crops. Poor tribe's who doesn't have any other source of survival are facing false charges of encroachment and so many times they had gone jail also. Thus tribals are getting economical lose and facing food scarcity. Tribal department who is responsible for implementation of this act is not taking any solid action against forest department. On12th August Jungle Jameen Jan Andolan had given a memorandum to additional tribal commissioner about illegal displacement.
Behalf of the memorandum additional tribal commissioner issued a notice to forest department and warned that it should be not done over again.

Last 25th July during the agitation of jungle jameen jan andolan Tribal commissioner gave a written assurance to prevent illegal displacement and properly implementations of forest right act. But forest department is still not agreed about it and disobeying to all orders and provisions. After this illegal displacement effected tribals went to police station to lodge FIR but police did not accept their report. This is very important to mention here that physical verification by the FRC is under process, FRC has given in written to forest department already about this process. Some claims are pending at gramsbha level for further procedure.

More then 15 tribal farmers has been effected due to illegal displacement.

Name of effected tribal families

1- Baburam s/o Punaram

2- Nagaram s/o Thawraram

3- Mohanlal s/o Punaram

4- Pancharam s/o Ngaram

5- Baburam s/o Bhagaran

6- Devaram s/o Somaram

7- Ditaram s/o Gamaram

8- Motilal s/o Jetaram

9- Lakharam

And some other tribals are also included in it.

Jungle jameen jan andolan has condemn in a press release about this atrocity and demand to stopped the displacement and compensation for effected families.

Devaram s/o somaji and other 55 tribal farmers are cultivating forestland since 1957 have a proper legal evidence to prove their possession on forestland. This land is only resource of their survival.

They have notice, receipts, and court judgments, reports of cases, which have been done under the Rajasthan land acquisition act 1956(section-91) and forest conservation act 1980, by forest department during this long period, they had gone jail about three times due to so called crime of encroachment on forestland.

In 1980 forest department had filed case against them to encroach on forestland first time after passing the forest conservation act 1980,this case was filed on 19-8-1980,

That time forest department had burnt their houses and destroyed their crops. Forest employee Mr.Doulatsingh had filed the case (case no.1193/15 dated-18-8-1980) to cultivate the forestland against 9 tribals under the forest encroachment offenses. Tribals names were 1-Chuma s/o Thavra,

2-Pancha s/o Naga

3-Movna s/o Ena

4-Puna s/o Thavra

5-Naga s/o Thavra

6-Babu s/o Puna,

7-Soja-s/o Puna

8-Jalma s/o Puna

8-Jalma s/o Puna

9-Hara s/o Lala and some other tribals were involved in this case whose names were

1-Nava and 4 others v/s forest department-acquitted in 1987

2-Mega-s/o Rupa v/s forest department- acquitted in 1986

3-Bhaga s/o Gama v/s forest department- acquitted in1985

4-Lasma-s/o Jalma v/s forest department- acquitted in 1987

5-Bhaga and 9 other tribal's v/s forest department- acquitted in 1986-which is already mentioned above, acquitted in-1986

6-Soja-s/o Kana v/s forest department- acquitted in1986

7-Deva s/o Saga v/s forest department- acquitted in1986

8-Vagta s/o Pitha v/s forest department- acquitted in 1986

9-Bhikha and 10 other tribals' v/s forest department- acquitted in 1987

10-Mansa s/o Tota v/s forest department - acquitted in 1985

11-Chamna s/o Karma v/s forest department- acquitted in 1986.

All tribals had been acquitted by court. All allegations, which framed by forest department on tribals, were proved false in the court.

On 5-9- 1980 a notice (notice no.337) was issued to 6 tribals to encroach on forest land by name of- Maga s/o Bhera

Kana s/o Maga

Thavra s/o Maga,

Soma s/o Dhira

Saga s/o Soma

Gama s/o Deva

During the year of 1980 forest department employee Mr.Doulatsingh had draft a map of forestland closer that land is still in-possession of these tribals by name of Tbarni ka khet, Maki ka khet, Bina ka khet Gurjrion wala khet giyana wala chaper,Bujaria wala khet,Nanka buj wala khet,Jivla bor, Thla wala khet. This whole land comes in Padrada forest closer. Kumabhalgarh forest range in charge Mr.Narpat Singh also made challan in same time.

In 1963 and in 1982 tribals had written a registered latter to state forest minister and DFO of forest department to regularize their occupied forestland.

In 1995 again the forest department had lodge fir against the 20 tribals to encroach on forestland and sent them jail under the offense of encroachment and cultivation of forestland.

Tribals name were.

-1 Deva s/o Soma

-2 Saga s/o Soma

-3 Moti s/o Jota

-4 Sava s/o Gama

-5 Kana s/o Hanja

-6 Kokia s/o Kala

-7 Babu s/o Hanja

-8 Rena s/o Jaga

-9 Babu s/o Puna

10- Mohan s/o Puna

11 Pancha s/o Naga

12 Soga s/o Puna

13 Moti s/o Surma

14 Bhura s/o Moti

15 Bhura s/o Jota

16 Nathu s/o Moti

17 Sapa s/o Chamna

18 Bhana s/o Gama

19 Babu s/o Bhaga

20 Soga s/o Puna

This case is still under the considerations of honorable court in Gogunda.

On 30th September 1999 forest department employees had kidnapped to four tribals from their houses. They had committed misbehavior with women. Forest department had framed false case on them.

Tribals who had kidnapped by forest department employees were.

1-Nagaram s/o Thavra

2-Bheraram s/o Soma

3-Chaparam s/o Chamna

4-Rama s/o Bhura

Tribals of Hayla village had given a memorandum to tribal commissioner about it.

Gram panchayat VISMA had passed resolutions in favor of tribals about four times. This period was 2001 to 2004.according to these resolutions they have proper evidence. In resolutions gram panchayt had recommended about regularization of their occupied forestland.

In year of 1997 effected and deceived from their rights the all 56 tribals had sent their name to state government through JUNGLE JAMIN JAN ANDOLAN (JUNGLE JAMIN JAN ANDOLAN is none political people organization which is working and struggling for tribal land rights since 1995). This organization conducted a survey in 1997 and made a list of those tribals who were having possession on forest land earlier 1980.after the negligence of state government to implementation of forest conservation act 1980 and after denied by forest department that there are not more then 5395 forest dwellers entire Rajasthan. Jungle jameen jan andolan had started randomly survey in few selected parts of southern Rajasthan and list out about 17856 forest dwellers to show that there are thousands of forest dwellers in Rajasthan and submitted to tribal commissioner, state government and also ST SC commission of India.

Deceived and effected tribals of HAILA village again filed their claims to district collector of Udipur in the year of 2003 under the forest conservation act 1980(section-FP/I) with thousands of tribals through jungle jamin jan andolan, and also filled up a information form themselves, in that form they had mention about their occupied land.

In 1998 one more case had been charged by forest department on 8 tribals to encroach, cultivate forestland, and caned by the forest employees and sent them to jail.

Tribal's name were-

1-Asha s/o Soma

2-Virma s/o Naga

3- Mohan s/o Puna

4- Choga s/o Puna

5- Sapa s/o Babu

6- Pancha s/o Naga

7- Jalma s/o Puna

8- Sava s/o Chamna

These all tribals were acquitted by court, because during the proceeding Mr. Govind Singh employee of forest department admitted, that under the section 91 cases is already pending against the tribals (it means tribals are having this forestland in their possession) court has released them on 13-7 2006.

In the year of 2007 again the forest department has displaced them and destroyed crops and department filed case on 16 tribals, this case is sub judicial at present

. Tribals name were….

1-Mohan s/o Deva

2-Lakharam

3-Babu s/o Puna

4-Naga s/o Thavra

5-Movna s/o Ena

6-Mega s/o Rupa

7-Soja s/o Puna

8-Bhaga-s/o Gama9-Jalma s/o Puna

10-Vagta s/o Pitha

11-Kana s/o Maga

12-Hara s/o Lala

13-Deva's wife along with two other women was included.

Mohan s/o Deva had gone jail, after 14 days he was released on bail. This case is also pending in the court.

The story of these tribals is very horrible. They have been hunted and exploited by this system after the independent, and still facing unending exploitation of insensitive bureaucracy.

This case is an example of feudalism, autocracy and fanaticism of irresponsible and insensitive government system. Tribals have been ruined and stamped under the boot of the feudal mentality bureaucrats.this is a very big man made disaster, which, is facing after the independent also. Tribals are getting unending loot and terror inheritance, which have been fabricated by this system.

Mohan is one of the victims. Who got this exploitation by birth like other tribals young-men Mohan's grandfather had cultivated the forestland before 60 years for his family livelihood. Everything was normal till 1980 in 1980 first time forest department filed case. When the forest conservation act 1980, came in force, story of exploitation have been started, which is still going on. Forest department had issued notice to Mohan's grandfather in 1980.

In that notice forest department had framed allegation to cultivate forestland.

According to notice his possession was after 1-7-1980 therefore he was not entitled of land, which was cultivating as per record from 1957.

Firstly the terror, exploitation and the story of destroy had been started in 1980 with the all-56 tribals along with Mohan's family. Now Mohan's son is growing up and we think that in this condition he will also get same inheritance, which is got by his father from earlier generation.

In the name of tribal development so many acts and scheme have been started in this country. Two major acts have been passed till now to give the traditional forest rights to tribals, who are oldest citizens of this country. But on the ground level there are no any rights for tribals.

The GANGA (river) of development, which, is began from parliament for deceived poor class, dried before reaching at village level. The water this river of development drunk by the so-called insensitive leaders, brokers and government employees in the midway. The attitude of forest department is lower then Britishers the unending struggle is going on up to endless time.

Provisions of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006

This act has been given three main rights to tribals and other forest dwellers.

1-Right to cultivation of land (not more then 4 hectares or which is in-possession of cultivators).
2-Right to minor forest produce to collect, sale and use for livelihood.
3-Right to conservation of the forest (Including biodiversity, indigenous knowledge as a community rights)

I want to explain here on main provisions of the act which are very important and crucial protect the forest rights in favor of tribals, but forest department is disobeying these provisions.

Chapter-iii

Section 4 (sub-section 5) says…. save as otherwise provided, on member of a forest dwelling scheduled tribe or other forest dweller shall be evicted from forest land under his occupation till the recognition and verification procedure is complete.

Section 8 (sub-section) says…the forest rights recognized and 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 interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition.

Chapter-ii

Section 3. (1-m) right to in situ rehabilitation including alternative land in cases where the scheduled tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.

Rules

According to the forest rights act rules the procedure of entitlement should be complete within three month from day of gram sabha.

In gram sabha forest right committee will be elected by two third majorities of members.

Gram sabha will be identifying of claimants.

List of claimants will be given to forest right committee and according to the list sub divisional level committee will be provide claim forms to forest right committee as per demand.

Forest right committee will go for physical verification at the spot.

After complete verification forest right committee will be put up in gram sabha for approval of claims.

After approval of gram sabha claims will be send to sub divisional level committee for examine.

After examine by sub divisional level committee claims will be send to district level committee for entitlement of pattas.

Ground reality

According to the recent press release of Tribal ministry of India, till now in Chattissgarh 2.50 lakh, Andhraprdesh 2.30 lakh, Madhyprdesh 1.30 lakh, Gujrat 33.185 thousand, Orissa 77.899 thousand, Maharhastra 75000 thousand claims have been submitted till now. But none of claim has been submitted in Rajasthan, which is showing that Rajasthan government does not want to give forest rights.

Forest department is taking advantage of this misrule and displacing to forest dwellers.

Tribals of Hayla village are one of the victims of forest department due to misrule.

At village level no claim forms are available to claim individual or community forest rights. No role of forest right committee in physical verification process.

your's
The Gurjar

Illegal displacement of tribals

Illegal displacement of tribal s

Date-13-8-2008

On 12th August forest department has displace about 15 tribals families from their occupied land which is in-possession of their, from long generations. Forest department destroyed crops and beaten to children's and women, forest employees in command of ACF rank officer reached to Hayla village, which is in Ggunda block of Udaipur district, along with police protection to displace villagers. Before displacement they did not issued any legal notice, and illegally displaced. According to forest right recocnization

act 2006,before the physical verifications of FRC (forest right committee) approval of gramsabha, examinee of sub divisional and district level committee, displacement can not be done.

This is not first time, unending displacement is continued since 1980 and every year in rainy season forest department intentionally displaced and destroyed their crops. Poor tribals who haven't any other source of survival are facing false charges of encroachment and so many times they had gone jail about it. Thus tribals are getting economical lose and facing food scarcity. Tribal department is responsible for implementation of this act is not taking any solid action against forest department. On12th August Jungle Jameen Jan Andolan has given a memorandum to additional tribal commissioner about illegal displacement.

Behalf of the memorandum additional tribal commissioner issued a notice to forest department and warned that it should be not done over again.

Last 25th July during the agitation of jungle jameen jan andolan Tribal commissioner given a written assurance about to prevent illegal displacement and properly implementations of forest right act. But forest department is still not agreed about it and disobeying to all orders and provisions. After this illegal displacement affected tribals went to police station to lodge FIR but police did not accept their report. This is very important to mention here that physical verification by the FRC is under process, FRC has given in written to forest department already about this process. Some claims are pending at gramsbha level for further procedure.

More then 15 tribal farmers has been affected due to illegal displacement.

Name of affected tribal families

1- Baburam s/o Punaram

2- Nagaram s/o Thawraram

3- Mohanlal s/o Punaram

4- Pancharam s/o Ngaram

5- Baburam s/o Bhagaran

6- Devaram s/o Somaram

7- Ditaram s/o Gamaram

8- Motilal s/o Jetaram

9- Lakharam

And some other tribals are also including in it.

Jungle jameen jan andolan has condemn in a press release about this atrocity and demand stop the displacement and compensation for affected families.

yours

the gurjar

Implementations is not shipshape

---------------- Date 10-8-2008

Dear friends

Jindabad

The implementations of the forest right act in country is giving no ground of hope to tribals and other forest dwellers who are depended on forest due to retention and fanaticism of forest department. UPA government flagship programme is not looking effective about it. In a press release of tribal ministry of India, till now only 8 lakh people have been claimed for their traditional forest right, which is not as much as in compare of claimants. According to spokesman of ministry, physical verification is under procedure at SDO and district level committees. Whole committees had been formed under the Recocnization of forest rights act by the states government.

Chattisgarh state is in first position of claim receiving, more then 2.50 lakh claims have been submitted so far. Andhraprdesh is just behind in receiving about 2.28 lakh claims.

But very remarkable news from West Bengal CPM party (Ruling party in W.Bangal) who has played a major role in passing the forest right act, which has received only 20 claims.

According to data report from various states is not satisfactory for UPA government who wants to come back in power by riding this act. Till now in Madhy pradesh 1.30 lakh, Maharshtra 75000,Gujrat 33,185 and in Orrisa 77,899 people have been submitted claims so far. Maharashtra government made a time bound programme to give forest right, according to high official up to the month of September government would like to give forest right. Physical verification is in last stage they reported.

Tribal Ministry says claims receiving are in progress in other states also. Awareness, publicity programme and trainings are going on forest right act at field level. Monthly or may be weekly evaluation meeting will be organize about the work progress.

State of Rajasthan is in the last line to implementations of this act. gov't is underplaying about implementations. There is no official report from the government that, how many claims have been submitted till now by the claimants in the entire state. Very poor process is at grass route level. Officials are still unforeseen about the implementations procedure of the act. Mostly individual claims are mainly concerned and community forest right is undermined. Classification has been made between earlier to 1980 forest dwellers and previous 2005. Earlier to 1980 dwellers are on priority. Jhadol block of Udaipur district administration is doing flout of act. Claims are receiving directly by SDO. 'Neither physical verification of FRC nor approval of Gramsabha is done', which are essential process of act. Same condition's is in whole state. Insist of people is not looking useful and stinging themselves

Claim forms are not available as per demands. Displacement is going on by the grumpy employees of forest department and leading to implemental process with gruff behaviors. Tribal department who is nodal agency is having a lax attitude. Sarpanch and secretaries at panchayat and village level are unknown about this cardinal work.

Your's

the gurjar

LAND ACQUISITION FOR EASTERN EXTENSION OF UDAIPUR

Dear Friends

Jindabad

The state government of Rajasthan has issued a gazette notification dated 18 October 2007 which has been publish in news paper on 25th July 2007. Government has publish those entire farmers name who are going to loose their land. This land will be taking by government in the name of development and modernization of Udaipur city.

Effected villages names -BEDWAS,JHARNO KI SARAI,DEBARI,

No. of effected land holder-626.

In evaluate of currant market land ret of in this area is very high then DLC ret.

Because of Airport Education institution, factories and passing national highway nearly.

Mostly tribals and back ward classes farmers will effected from this acquisition

In compensation of this land government is giving only cash and not following the norms of rehabilitation provisions according act.

So-called boom of development in the city is going on now days.

Government has issued a latter to all concerning departments to implementation of the land acquisition prose's according the Land acquisition act 1894 (section 4(2). and authorized to them for -survey, digging bore well and trenches on land, fact-finding of land utilization of land, list of proposed work which will be done on land, mapping of land and in case if any crops and residential area is coming in the middle of the land within survey. it will be removed after giving a seven days legal notice to that farmers who are coming in this area.

Now a days Rajasthan government is going to do so many amendment in land acts, which are in favor of SC.ST and pours.

So many schemes of development has been introduce by government in Udaipur city-like domestic airport will be convert in international airport very soon. Demand of IT institution is on peak and after rejection claim of IT in Kota by central government. Udaipur higher-class people are very hopeful about IT. There for it will be need to lot of land for this.

Stone SEZ is in under proses. Award about the land acquisition has been circulated already in four villages, which are doing 30% requirement of green vegetable of the Udaipur city. There are living almost 5-lakh populations.

Recently in Kavita village near about 300 hectare land had taken by government for the BSF base area.

Beneficiaries of those people who got the land in BHUDAN ANDOLAN will also can be loose their none salable none transferable land because very soon government will do amendment in this provision. Section 42(B) and 180, will be amended as soon as possible according government sources "tribals are not getting actual market ret of their land"

Thus Rajasthan government is going to amend the revenue act of Rajasthan for capture the pours land in a small amount.

Yours truly,

The Gurjar

Rajasthan government is Fleece and flip-over on forest rights implementation

Rajasthan government is Fleece and flip-over on forest rights implementation


Dear friends
Jindabad

On 1st of January 2008 when the central government of India has notified the forest right act rules and issued notification and circular to all state and union territory of India. The forest department of Rajasthan and state government are jointly planning to maximum displacement of tribal and other forest dwellers.
The forest department of Rajasthan has not a clear stand about forest dwellers to give explanation for their traditional forest rights. Department is still suffering from feudal attitude with fanaticism like British era. I have seen almost more then 15 incident of displacement in past two months in south Rajasthan and all these effected people are tribal.
Banswara district is center place of farce and farcical according implementation of forest right act. Everybody knows in forest right act rules there is no provision to reject the claims directly by forester even he could not lift up his any comment about it. Only
FRC (forest right committee) is a legally responsible for physical verification and comment then FRC submits the all claims to gram sabha for discussion and further verification of each individual claim. After the resolution of gram sabha claims forward to SDO level committee.
But in Banswara displacement is going on illegally with involvement of district collector.
District administration is providing to all feasible help to forest department along-with police protection in the name of save the environment. Without giving a any information's and legal notice. Displacement programme is going on by forest department.
In Navatapra (a hamlet of Badodia village) department displaced to Nanjis family in last week of June 2008.departmet had gone there with police and destroyed his house his crops and beaten to his all family members with him. They all were hospitalized.
Nanjis lodged FIR angist the forest department in IPC of atrocity and SC.ST act.
But responsible persons were not arrested till now. Publish of latest news in Banswara local news papers is showing attitude of local administration according news the district collector is saying "I will give all possible help and protections to forest department to remove the forest encroachers from forest area of entire district".
This is very unexpected statement by the collector after the giving in written reassurance by the tribal commissioner of Rajasthan to JUNGLE JAMEEN JAN ANDOLAN during the indefinite sit-in on 25th July 2008 (Tribal department is nodal agency of implement the forest right act in Rajasthan)
Considerable problem is unforeseen attitude about forest right act of concerning employees at local level. Due to this weak point forest department is underplaying of this act and trying to flip-over to implement this act in Rajasthan.

Yours colleague
The gurjar

Government of Rajasthan is not aware about new forest right act.

Hi
Friends
Government of Rajasthan is not aware about the new forest right.therefore
government is not following the prosier of act to implement.government has issued a order on 13 June 2008 .According this order only people who are cultivating the forest land for their surviving before 1980 only they can file their claim to get their right. but according in new provision people who are occupied the forest land earlier 13 December 2005.thus rajasthan government is not following the actual proses of forest right.



The gurjar