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[email protected] Forest Land and Rights of Tribal Dr. Avanish Kumar Public Policy Management Email: [email protected] October 30, 2022

Tribes,Forest Ifs Ak

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The presentation questions the current and future policy directions with respect to the Scheduled Tribes and Forest in India. It also suggests a model for future direction. This presentation was made to the senior Indian Forest Officers in Indira National Forest Academy,Dehradun

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Page 1: Tribes,Forest Ifs Ak

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Forest Land and Rights of Tribal

Dr. Avanish KumarPublic Policy Management Email: [email protected]

April 13, 2023

Page 2: Tribes,Forest Ifs Ak

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Its not to freeze, but to show future dynamism

Erosion of Forest Land Or Traditional Rights of the Tribal ?

?

Page 3: Tribes,Forest Ifs Ak

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Key Concerns

Page 4: Tribes,Forest Ifs Ak

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Development Social InequityNational Average

Proportion of literates (Census 2001 65% Overall for tribal people 47%Bihar 28%Jharkhand 41%Madhya Pradesh 41%Chhattisgarh 52%Andhra Pradesh 37%Orissa 37%Rajasthan 47%

Infant mortality rate (2005/6 NationalFamily Health Survey 3)

36.1 STs 43.8

Deliveries in a health facility 51 % STs 18%

The proportion of ST children, aged 12-23 months who received basic vaccinations, is much lower than the rest of the population.

ST children also have a much higher incidence of anaemia. Incidence of stunting and wasting much higher among ST children.

Incidence of overall under-nutrition (under weight) is significantly higher among ST children than among others. Source: Planning Commision,2008

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Approx. 900 Tribes (8.2%)

STs traditionally lived in about 15 % of the country’s area.

Forest Dept. controls 23 % the country’s territory

Tribes, Forest and Spatial Inequity

North EastLow(< 20%)

Andhra Pradesh, Gujarat, Karnataka, RajasthanModerate

(20 to 30 %)

West Bengal, Maharsshtra, Assam, U.P. (including Uttaranchal)

High (30 to 50%)

Orissa, Jharkhand, M.P. (including Chattisgarh) Extremely High (>50%)

Spatial ConclaveIncidence of Poverty among STs

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Report of National Commission on Macroeconomics and Health, Government of India, 2005

Hea

lth In

equi

ty

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Forest, Land, Tribes & Occupation

70 % of their total income is from collection and marketing of MFP. Only 3.5 % of the total employment in the group of A and B About 35% of STs are below the poverty line

Out of 58 districts , which have 67 % of forest cover, 51 happens to be tribal districts. A survey of 2001-03 forest cover shows net increase of 321,100 ha in tribal

districts.

11.7638.04Other Workers

1.042.56Household Industry

32.6919.66Agricultural Labourers

54.5039.74Cultivators

Amongst STsAmongst total population

Items (Distribution in %)

?

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Tribes Development is not necessarily forest Dependent/Philanthropy

Low Cost Technology, Equitable Market and Inclusive Policies

Strengthen Culture Nature Nurture

Page 9: Tribes,Forest Ifs Ak

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On one hand by inequalities in contemporary living conditions, &

On the other, by real threats to the prospects of human life in future.

One of the Key Concern is…

Page 10: Tribes,Forest Ifs Ak

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Rights of the Scheduled Tribes

13 listed forest rights includes rights to land under individual and communal occupation for

habitation or self cultivation Usufructs & grazing including the right to protect, regenerate

and/or conserve/manage Settlement of disputed claims, pattas/leases, and conversion

of forest villages to revenue villages ( as per 1990 circular) Rights over minor forest produce, intellectual property rights

on traditional knowledge & Habitat & habitation rights of primitive tribal groups and pre-

agricultural communities. These rights are

Heritable but not alienable Subsistence and livelihood purpose, & Not for exclusive commercial use

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Policy Assumptions

Stakes Assumptions

Forest“Lungs of Earth”

Homogeneous Supply of public good

Tribes “Stomach of Poor”

Homogeneous demands of forest/land products

Panchayat“Whose Brain & Brawn”

Homogeneous Management Capability

Before 31st December 2008 and After 4th November 2009 - ?

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Key Challenges

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Contextualizing Tribes and Forests Incentives

Key Incentives Tribes Forest

Material incentives -Rewards of money, products, jobs, collective platform

Solidarity incentives - Intangible rewards available only to coalition members

Purposive incentives - Accomplishment of a significant goal for the common good

Adopted from Olson

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Contextualizing Tribes & Forests Partnership

Key Activities Low Medium High

Reciprocity - extent to which resource/support are both given and received

Multiple Function - extent to which social relationships serve economic and emotions

Homogeneity - extent to which overlaps in knowledge, interest, status

Dispersion - extent to which members live in geographic proximity to one another

Adopted form Ostrom

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…why incur costs when the benefit is provided to all regardless of who participates/contributes?

Costs of participation with respect to time

Benefits

CLess cost high benefits

A ?High cost, equal benefits

B

End

Contextualizing Tribes & Forests Participation

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Value of Public Good + Selective Benefits - Cost of Participation = Individual Benefits

Contextualizing Tribes & ForestsConcern and Consequence

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165 Districts

Now 222

Contextualizing Tribes & ForestsConcern and Consequence

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Common Endeavor

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According to Fried, tribes…“are the product of specific political and economic pressures emanating from already existing state-organized societies.”

Target & Definitional Challenges

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Rethink Definition of the ST

Primitive Traits – What is the expression of Geographically isolated Distinct culture Shyness of contact with community at

large Economically backward

Communities are notified as ST under Article 342 of the Constitution based on the following Characteristics

Not Primitive Traits Geographically Knitted Distinct culture Symbiotic contact with community at

large Economically not backward

A

fter

40-

50 y

ears

Page 21: Tribes,Forest Ifs Ak

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Evolve a New School of Thought

Annexationist Total State Control over forest

Pragmatic State Management of ecologically sensitive & strategically valuable Forest, allowing other areas to remain under communal system of management

Populist Guha,1990

Tribes & Peasants exercise sovereign rights over woodland

Realistic

Page 22: Tribes,Forest Ifs Ak

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Three Consensus & Convergence

1. Scientific & Local Realities

2. Equity and Environment Principles

3. Short Term & Long-term Interest

Realistic School of Thought require

Page 23: Tribes,Forest Ifs Ak

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Required Changes for Realistic Model

Decision Making Technical Inputs Value Chain Creation Benefit Distribution

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This would require to create…

Common understanding of “Strain” Crystallization of Beliefs Quality control through social collateral Structural Conduciveness

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It will mainly depend upon

1. Strong Credible leadership2. Compelling mission/purpose3. Well informed/knowledgeable

Membership4. Incentives for stakeholder involvement

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“The significant problems we face cannot be solved at the same level of

thinking we were at when we created them”…Albert Einstein

Thank You !