Forced displacement from protected areas: The spectre looms large

Pankaj Sekhsaria and Neeraj Vagholikar

18 December 2004

 

E23d/E23a

 

Nearly 4 million people in India live inside protected areas and are dependant on their resources for survival. The Ministry of Environment and Forests’ strict enforcement of a 2000 Supreme Court order restricting the collection of natural resources from inside protected areas is likely to have far-reaching consequences, forcing local people out of their traditional homes and creating a conflict between people and conservation

 

In February 2000, India ’s Supreme Court (SC) passed an order restraining state governments and their agencies from removing dead, dying or wind-fallen trees and grass from any national park or sanctuary in the country. The court’s direction was a response to orders by the governments of Karnataka and Uttar Pradesh that timber from protected areas could be removed under the guise of it being dead, dying or diseased, and was made in response to Interlocutary Application (IA) 548 that had been filed in the Godavarman ( Forest ) Case.

For the Ministry of Environment and Forests (MoEF), however, the order meant something completely different. This is evident in a recently released handbook of the MoEF relating to forest laws: “In view of this (SC order), rights and concessions cannot be enjoyed in the protected areas.” So, while the court wanted to stop the state and its agencies from extracting timber and other such resources from protected areas (PAs), for the government it became a blanket tool to stop all extraction of resources or the exercising of any rights in PAs, even by local people.

Further, the SC-appointed Central Empowered Committee (CEC), in a letter dated July 2, 2004, to senior administrative and forest officials in all states and union territories, says: “Even the removal of grass, etc, from national parks and sanctuaries has been prohibited…A number of instances have come to the notice of the Central Empowered Committee where felling of trees/bamboo, digging of canals, mining, underground mining, collection of sand/boulders…cutting of grass, collection of minor forest produce, grazing, construction, widening of roads, etc, have been allowed to be undertaken in protected areas without obtaining permission from the Hon’ble Supreme Court on the plea that these activities are part of the management plans…You are requested to ensure strict compliance of the Hon’ble Supreme Court’s order so that none of the above prohibited activities are allowed to be undertaken in protected areas.”

Read together, these orders have the potential to seriously impact millions of people across the Indian landscape who depend on natural resources from protected areas for their survival. Already there are reports that this is starting to happen. Earlier this year, on July 5, 2004 , Dharitri, a leading Oriya newspaper, reported the migration of people from around 50 villages in the Satkosia Wildlife Sanctuary. They were moving out in search of food and employment after increased restrictions were imposed on the collection of forest produce like bamboo, mahua flowers and sal seeds.

The issue of people and protected areas in India is a significant one if one looks at the sheer number of people involved. Recent figures from a survey done by the New Delhi-based Centre for Equity Studies (CES) conservatively estimates that nearly 4 million people live ‘inside’ the country’s protected areas, and are dependant on their resources for their survival. Denying them access to these basic livelihood resources gives them no option but to move. It may not be forced displacement in the narrowest sense of the word, but it’s still displacement.

The 2002 amendment to the Wildlife Protection Act (WLPA), 1972, becomes relevant here. The section that is important in the present context is ‘Settlement of Rights’ (sections 18 to 26-A). Although one need not go into the details here, even the initial notification (the intent to declare a protected area) is tantamount to allowing the state to severely restrict the existing rights of people living in the area.

It’s not just the issue of the survival and rights of the concerned people. That in itself is absolutely basic and non-negotiable. It also has severe negative implications for wildlife conservation. To begin with, the first human interface with our wildlife is being turned against conservation. People who are displaced, and whose basic needs and rights are being violated in the name of conservation and wildlife protection, cannot be expected to support the battle for conservation.

We must also not forget the historical context. It has been argued that large areas of forests survive because the communities (often tribal) that have been living there have traditionally respected and protected them -- whether they be the dry deciduous forests of central India, the evergreen rainforests of the Western Ghats or forests in the mineral-rich Chotanagpur plateau in eastern India. Now the people are being punished for precisely this, by being forced to move.

One is not ‘romanticising’ the so-called ‘untouched’ tribal world; values and aspirations everywhere are changing rapidly and this has an impact on the natural world too. But, while this may be true, there remains a lot in these communities and cultures that is oriented towards conservation. Such societies impose an inherently lighter burden on our fragile earth than, say, the urban societies that many of us belong to. There are numerous examples of this: the small water bodies created by tribals in parts of Tamil Nadu’s Moyar valley that were crucial support systems for wild animals, including elephants, in the dry season. Called keru in tribal parlance, they were created many decades ago but have since fallen into disuse and silted up. Efforts are on to de-silt them so that the animals can use them again. The irony is that the tribals themselves don’t live here anymore. Many have moved out voluntarily, seeking greener pastures elsewhere, while others it is said were forced to move after their rights and access to resources were restricted in the name of wildlife conservation by forest and other government agencies.

It’s important to understand that the mandate for conservation or that of protected areas is not being questioned. India ’s protected area network covers less than 5% of the country’s landmass and has played a critical role in the conservation of wild biodiversity, even bringing a number of endangered bird and animal species back from the brink of extinction. The concern is with the model of conservation that we are following; a model that considers people, particularly those living in and around protected areas, as the enemy.

What is also important in the context of the CEC’s clarification is that activities such as tree felling, mining and road construction have been put in the same category as grass cutting, grazing and minor forest produce extraction, without caveats of any kind. So, a multi-crore investment in a mining project that will blast lands and forests apart and leave nothing for wildlife or local communities has been equated with the grazing of three, even 300, cows or the collection of non-timber forest produce (NTFP). Although certain activities by local communities will have to be modified, and alternatives provided, to meet the area’s conservation objectives, surely it cannot be done by issuing a blanket order stopping all resource use.

Those denied a mining project lose out on an investment opportunity and profits. They can look for them elsewhere. The same cannot be said of a local community that is denied its only source of sustenance, even survival. So while ‘one size fits all’ has been the prescription for conservation, it’s ‘one size fits all’ to deal with its failures as well!

Take any example on the ground. A good one would be the Balaram Ambaji and Jessore wildlife sanctuaries in Gujarat, where the state government has sought Rs 40 crore from the United Nations Development Project (UNDP) for a project titled ‘ Conservation and Sustainable Management of Dryland Biodiversity’. An estimated 80,000 people live within the boundaries of the Balaram Ambaji sanctuary alone. If the above-mentioned orders and circulars are implemented, what will happen to these people? What will happen to their rights? What will happen to the maldharis whose livelihood depends on the cattle that graze in the park? Who will take on the responsibility of implementing these orders? And if they cannot be implemented, what is the point of having them in the first place?

The one option suggested and often implemented in such a situation is to de-notify the sanctuary so that inhabited areas lie outside the park. Then mining, dam construction and road laying activities do not pose a problem. But while the area may have had some wildlife value earlier, it is now completely eliminated. It’s a no-win situation.

In the case of Balaram Ambaji, the scene is likely to play itself out in a particular way because of the huge population living inside the park. The same cannot be said of protected areas where there are only 100 or 1,000 people living inside or around them. The people here are unlikely to have the clout, political or otherwise, to even suggest de-notification.

There is only one way out for them: to move out.

Towards the end of the 1990s a general consensus emerged among conservationists across the country: that there would be no forced displacement of people from protected areas in the name of wildlife conservation. Dialogue and discussion would first be initiated, and only if people were convinced and willing would a process of shifting them be initiated. Project Tiger authorities even issued a circular clearly articulating a no-forced displacement policy. The picture presently unfolding, however, appears to indicate a move in the opposite direction.

Wildlife conservation itself could end up paying a heavy price for this. The Karnataka state government recently said it would not be declaring any more protected areas. The reason? Protected areas cause displacement and are too much trouble. As the directives start being implemented in protected areas around the country, other state governments are expected to voice similar concerns about creating new PAs. And conflicts in and around existing PAs are likely to worsen.

What we will be left with are losers on both sides!

(Pankaj Sekhsaria and Neeraj Vagholikar are members of the environment action group, Kalpavriksh.)

Source: Infochange News & Features, December 2004 http://www.infochangeindia.org/features223.jsp