Chhattisgarh Government Strips Forest Community of Land Rights

Removing land rights of forest communities is unconstitutional and presents a risk for millions, say activists.

In an unprecedented move, the Chhattisgarh government cancelled land rights of tribal communities in the Surguja district to make way for coal mining.

Land rights of people in the Ghatbarra village were written off after land was allocated to the Rajasthan Vidyut Utpadan Nigam Limited (RVUNL) and Adani Minerals Private Limited.

The Gram Sabha (village council) of Ghatbarra gained their land in 2013 as part of the Forest Rights Act. Under the act, the government can divert forest land use for different purposes with the consent of tribal groups. In 2014, Ghatbarra and 19 other villages opposed mining developments on their land, but the government overrode this opposition earlier this year. There are no provisions for the cancelling of the land rights, according to Nitin Sethi of Business Standard.

What is the Forest Rights Act?

In India, millions of people depend on forests as a source of livelihood, but most of this land belongs to the government. These communities are often victims of bonded labour and extortion, and are regularly evicted from their homes.

The Forest Rights Act (FRA) was established in 2006 to protect the rights of tribes and traditional forest dwellers. It grants forest communities the right to collect non-timber forest products, access to grazing grounds and water bodies, and the right to claim land.

The FRA provides for the diversion of forest land for non-forest use by obtaining free and prior informed consent from the communities who have a claim over the forest patch in question. It clearly lays down that such diversion should happen only at the Gram Sabha level – 3/4th of the members of the Gram Sabha should be present and 50% of them need to agree to the diversion. The specific process is clearly laid down in the Act and any other process is in contravention of the FRA and unconstitutional.

Priya Pillai, Senior Campaigner, Greenpeace India

What Are the Consequences of Cancelling Land Rights?

Forest communities are dependent on forests for their livelihood, but without any rights, they will lose access to the resources they depend on.

This development is very worrying because it is the first time rights have been taken away. It sets a very bad precedence. It is going to have huge implications all over the country.

Tushar Dash, Forest Rights Researcher, Vasundhara

According to Dash, there are around 150 million forest tribal people in India, and 1 lakh 77 thousand villages affected by forests in India. Government actions that deny the rights of these people would have repercussions that would ripple throughout the country.