Chapter 4
The Problems Of Tribals
& Management Of Forests In East Godavari District.
he emergence of the hills and forests (of
the now Scheduled Areas), by 1893, as a source of enormous gain led to the then
Government of Madras bringing the region under their its direct administration.
The state assumed growing authority with the spread of courts, police and
expanding mobility provided by roads. The fiturisduring
this period were clearly against the state's encroachment over their
traditional rights, over forest resources and the traders, money lenders and
contractors who profited from the exploitation of these resources. Restrictions
on podu,
creation of forest reserves, increased axe tax,
introduction of opium into the hills to serve the dual purpose of revenue as
well as subjugation of the tribal, prevention of the customary right to make
toddy and collection of forest produce were the result of the state
intervention.
The post-independence period marked a
hesitant approach towards the application of the forest laws. The first working
plan (1955-56 to 1969-70) of East Godavari was an attempt to extend the forest
laws comprehensively to the Rampa areas. The forest department established a
saw mill in 1964, with an annual requirement of 10000 cu.m. of wood, mostly
from Rampa. The Departments 1970-71 to 1984-85 working plans included an
industrial management plan, in addition to a paper mill at Rajamundhry
and a plywood factory at Rampachodavaram. The real tragedy of the consequences
of state monopoly of control over forests began in 1970-71, when the Forest
Department felled 5272 hectares of virgin forests to raise eucalyptus, in the
name of "scientific plantations." The 'Selection Working Circle'
adopted a policy of systematically extracting all mature and over-mature timber
trees from the interior and semi-accessible areas in three of the six ranges,
and allowing private contractors to work between 1971-72 to 1974-75. Taking
advantage of the loopholes in the Selection methods, the unscrupulous contractors
exploited adjoining areas not allowed to them and felled more trees.
The thick and luxuriant tree growth along the banks of the Godavari was also
felled to cure virginia tobacco introduced in the Godavari valley by non
tribals in the 1950s. Such tobacco cultivation also resulted in alienation of
tribal land. After 1975, the Forest Department established three logging
divisions in Rajamundhry. By 1985, these divisions felled all tree growth,
leaving no forest worth felling (the 50,000 strong labour force in forest
operations has now reduced to about 5000). By this time, the saw mill set up in
1964 was importing timber from Assam to keep operating. The logging divisions
and the Forest Development Corporations used to auction the collection and
transport of the left over fuel wood in the interior forests, upto 35
kilometers from roads under as-is-where-is conditions to transport contractors.
Contractors misused this access into forests by felling trees in adjacent
reserve forests and transport the same through cover loads and fake
permits. One hand the Department and
Corporation claim profits from logging and fuel wood operations and on the
other, complain of Departmental transportation being uneconomical. A portion of
the profits from the logging operations could go towards counterbalancing
losses in fuel wood transportation. A lesson can be drawn from the Girijan
Cooperative Corporation(GCC), which stores produce at specified depots and
denies private contractors access into interior areas.
There is no agency promoting minor forest
produce (MFP) plantation. This has led to a gradual depletion of extant MFP
sources. The GCC, by its short sighted policy of marketing and periodical
fixation of rates for MFPs such as the bark of the Naramamidi
and gum from various trees and medicinal plants creates competitive
exploitation of these. Tribals remove bark from trees and uproot medicinal
plants, contributing to this depletion. Nomadic people from Nizamabad virtually
destroyed all the gum trees by indiscriminately tapping them. This exploitation by the nomads was halted by
the officials in 1986-87. By the time
scientific training in gum tapping was undertaken by the GCC, most gum producing
trees had lost productivity. While the
ITDA has provided training in katha processing
and gum tapping, the GCC has not trained tribals in scientific methods or value
addition. On the other hand, Price fixation by the GCC does not take into
account value addition, such as grading
of gum, or 'flower' tamarind, and uniform prices are paid, without regard to
qualitative aspects.
The ITDA initiated a programme of supply
of bamboo baskets to the Singareni Collieries in Khammam by motivating the
Konda Reddis in the area to produce them.
Nevertheless, this was an informal arrangement, without any formal
concurrence of the Forest Department with any specified bamboo coupes earmarked
for the raw material. The Forest
Department subsequently terminated this informal arrangement. In an similar incident, a NGO initiated
project for the production and supply of bamboo rearing trays and other
equipment for sericulture had to be discontinued due the lukeewarm interest
shown by the Sericulture and Forest Departments in formalizing the arrangement
for supply of raw material and purchase of finished equipment. Another project by the NGO, for production of
cane furniture had to be discontinued due to similar reasons. The International Fund for Agricultural
Development (IFAD) programme too, though having self sufficiency in food
production as their objective, does not promoting traditional food sources such
as jack fruit.
The Agency areas outside the purview of
reserved forests too, had luxuriant tree growth. Following the 2/69 and 2/70 regulations,
individual pattas were given to
tribals. Tribals wanting to cultivate their land took advantage of these
individual pattas by issuing
power of attorneys to timber contractors to fell the trees in their
land. Though this practice violated the LTR, revenue authorities allowed it to
go on unhindered till 1988, when such power of attorneys were cancelled by a
special notification under the Fifth Schedule. In 1976, Revenue authorities
also allotted pattas in reserved
forests. This was strongly opposed by the Forest Department. In the ensuing litigation, the Apex Court
allowed the Forest Department's contentions and cancelled these pattas.
The coming into force of the Forest
(Conservation) Act in 1980, resulted in indiscriminate eviction of all people
including tribals from reserved forests. No consideration was shown to even
those tribals who had been practicing podu.
There was hardly any consideration shown to the impact of such eviction on
tribals for whom no alternative had been provided. State authorities relented
in 1987, when they realized that such eviction was driving the tribals to seek
salvation by joining naxalite groups. The Government issued instructions
to officials in 1987 not to harass tribals and not to evict those practicing podu since prior to 1980.
Nevertheless, the Forest Department recognized such podu areas for which records of cases were available. This approach was essentially flawed, as the
number of cases filed represent only a fraction of the total areas encroached
upon. Evolution of methods to establish
presence of podu taking into
consideration tree plantation by tribals in podu
lands, census records, toposhets of Survey of India, and oral evidence of
tribals are a must. Clear definition of
what constitutes "pre-1980 encroachments" is also necessary.
Wanton
destruction of forests for commercial purposes has been the rule of the day in
Andhra Pradesh. Over exploitation of bamboo forests, for example, had led to
several areas being rendered incapable of regeneration.While this is the root cause of
the distressing condition of forest resources, this has also had serious
impacts on tribal livelihood patterns and food sources. One such case in example is the felling of
mango trees, an important food source for tribal groups,,
by the Godavri Plywood factory, a sponsored establishment, in Rampachodavaram.
Tribal
communities in Andhra Pradesh used to work as wage laborers for extraction of katha. The State Government, in 1988 issued
orders to limit the lease of Sundra trees
in Adilabad, Karimnagar, Khammam and Warangal Districts to co-operatives run by
tribals, and promoted the formation of such cooperatives. This enabled the
tribals to graduate to the status of a co-operative member, who apart from
earning wages, could also look forward to a share in profits from the sale of
finished katha to merchants. These
leases were valid for a period of three years. However, in 1991 the Government
did a complete volte face by issuing
orders which indicated that sundra trees
in Karimnagar and Khammam Districts would be leased to non-tribal parties. This
led to widespread protests and litigation.
The Government subsequently dropped the privatization proposal.
The issue of pattas in 1974 was a fraud that came to 1977 and followed up. The whole issue to light when investigations
by the Chief Conservator of Forests and the Director of Settlements, Survey and
Land Records uncovered a massive fraud of irregular pattas granted in thickly forested lands. They subsequently wrote to the Government of
Andhra Pradesh which took a serious view and issued an order (vide
G.O.Ms.No.832 of 8.11.1977) constituting a Committee to locate such areas. Forest Officials were asked to file appeals
before the Director, Survey and Settlements for cancellation of such pattas.
In the meanwhile, non-tribal pattadars resorted to felling trees in
Perikawalasa village of Y.Ramavaram mandal.
By the time, prompted by the Forest Department, the CSSLR visited the
village and cancelled these pattas, the felling was completed.
The Andhra Pradesh Government had sought
to protect private forests in Scheduled Areas and prevent tribals from being
exploited by non-tribal timber merchants by passing a notification in 1988.
One provision of this Notification prevented the private owner from selling the
right to fell trees and another limited the value of trees cut in a year to
Rs.5000. A timber contractor challenged this Notification in the High Court,
seeking access to the dense 200 hectare Chintalapudi forest, which upheld the
validity of the Notification. The contractor then moved the Supreme Court.
Following the change of government in 1989, he approached the new government
with a fresh plea for exemption and offered to withdraw his case. The government issued an order of exemption,
but was forced to stay its implementation following protests. In 1990, in
response to the plea, the Government issued an order in the contractors' favor.
In the litigation that ensued,
a High Court Division Bench quashed the impugned order. Petition was filed in the High Court. The Court summarily dismissed the petition
without insisting that the authorities should file a counter affidavit.
The earlier chapters briefly discussed the
issue of grant of mining leases to non-tribals in Scheduled Areas in violation
of the LTR of 1959 and the Forest (Conservation) Act, 1980. The Forest
Department remained completely oblivious of 1976 notification of twenty six thousand hectares as protected
forests and allowed over twenty leases to non-tribals and a tribal in
the agency areas of East Godavari. These flourished for nearly twenty years,
extracting graphite and laterite. Unfortunately, in spite of the 1969
Government order prohibiting assignment of Government lands to non-tribals and
total ban on leases, the mining activity continued. Several officials working
with tribals brought the issue to the notice of the Chief Secretary. In a meeting held in his chambers on
27.10.1989, he formally instructed that all licenses already granted to
non-tribals in Scheduled areas should be canceled since they are against the
provisions of the Regulation 1 of 1970 and G.O.Ms. No. 971 Revenue (B)
Department dated 7.10.1969, which prohibits assignment of lands to
non-tribals. These lease were
subsequently canceled in a public interest litigation filed before the High
Court. The government then moved an
application before the TAC to adopt a resolution favouring such leases and
licenses, which was rejected twice. The
matter was subsequently taken to the Apex Court, where final orders are still
awaited.
The proposed bauxite mining by NALCO
in the Chintapalli forests of Vishakapatnam District was another potential
threat to the forests and tribals of the Eastern Ghats. NALCO had applied for a mining lease for over
1910 hectares for setting up a multi-crore bauxite mining complex.
Several NGOs and environmentalists, and the Forest Department opposed the
project. Even Government appointed committees that assessed the environmental
impacts projected heavy environmental costs.
Surveys indicated that the project would displace 25 major tribal
villages and another twenty-odd smaller hamlets, supporting a tribal population
of around eight thousand. Most of the tribals were Valmikis, Konda Doras and
Khonds, who practiced podu. Drying up
of water sources on which the tribals were dependent was also feared as a
outcome of the mining. Facing widespread protests by NGO groups and
environmentalists as well as tribals, NALCO subsequently withdrew its proposed
project.
The
Andhra Pradesh Forest Department, The Andhra Pradesh Forest Development
Corporation (APFDC), the Andhra Pradesh Paper Mills Ltd., and the ITDA are
major employers of daily wage laborers in the Agency Areas of East Godavari
District and provide seasonal employment for about fifty thousand laborers.
About half of these are non-tribals from the abutting Gokavaram, and Jaggampeta
Mandals and the other half are tribals from the Agency Areas. On the complaint
of an non-governmental organization
regarding non-implementation of minimum wages and underpayment of negotiated
wages, the Sub‑Collector, Rampachodavaram convened meetings with the
employers. Though the wage rate papers were exchanged in the meetings, the
Sub-Collector was unable to proceed further owing to the fact that most
employees of government Departments were unwilling to cooperate with him.
The Conservator of Forests, Rajamundhry
Logging Circle, determines the rates payable to laborers each year. These rates
are called Forest Scheduled Rates (FSR). Unfortunately for the laborers, these
rates are never revealed to them, as the Forest Department treats the FSR as a
confidential document. On the other hand, the Labor Department, Government of
Andhra Pradesh has fixed, and from time to time revises, the minimum wage under
the Minimum Wages Act of 1948 in consultation with the Department. The minimum wages for forest and timber
operations were fixed in 1984 and revised in 1990.
The FSR is lower than the rates
prescribed under the minimum wage notifications. The maeistries
working for the logging Division filed a case for implementation of minimum
wages before the authority prescribed by the Minimum Wages Act (the Assistant
Commissioner of Labor at Rajahmundry). The case was decided in favor of the maeistries and the Department was
ordered to pay the difference in wages, including arrears. While the Department
paid the arrears, it did not revise the wages upwards to the minimum wages.
Another writ petition was filed
against the Conservator, Rajahmundry, which is pending before the High Court. Two
years later, the Conservator submitted before the Court that the wages have
been revised in tune with the minimum wages.
The units for measurement of work done
for wage calculation in the FSR are different from those prescribed in the
minimum wage notification issued for revision of wages in Forest and Timber
Operations. The Labor Department consulted the Forest Department before
finalizing the draft notification. But the Forest Department has not sought to
settle this difference in the units calculation of wages leading to confusion.
Due to this, the wages (as revised by the Forest Department) remain lower than
the prescribed minimum wage. Many more
cases have been filed against the Department in various Labor Courts seeking
payment of minimum wages.
The Rytu Coolie Sangham (RCS), in Rampachodavaram
area, and the Peoples War Group (PWG), in Addateegala area encourage laborers
to go on strike for a considerable period of time each year, making it a annual
ritual. If the employers do not come to terms with these forces, they burn
their vehicles, manhandle employees and otherwise pressurize them to arrive at
a settlement with them. The Forest Department and the mills indulge in
protracted negotiations with these groups and arrive at a wage rate, usually in
late February each year. The agreements
are announced through press statements and pamphlets distributed by the RCS and
PWG. The names of foresters who were
party to the negotiation are also mentioned in these statements. Thus, the
Department directly participates in such wage fixation processes. The need for
agitation, annual charades and the ritual of negotiation can be eliminated if
the Department fixes the FSR as per the minimum wage and announces the same as
soon as it fixes them.
According to calculations, the difference in wages
arrived at through agreement with the PWG and RCS, the minimum wage for a stack
of APP Mills bamboo (weighing about 1 ton) is Rs.100.00. Thus, the difference
for the annual 35,000 tons extracted by the mills is Rs.35 lakhs. It is obvious the mill is avoiding the
payment of Rs.35 lakhs due to laborers, as a result of such agreements.
The ITDA has two Engineering Departments,
which execute substantial works directly and through contractors. A number of other Government Departments
(such as Agriculture, Sericulture, etc., which execute works on their farms)
also work under the ITDA. The ITDA also indulges in underpayment of wages. The negotiations for wage rate fixation in
this case, is between ITDA contractors
and the naxalites. The wage rates arrived through this process are implemented
all over the agency even by government institutions.
The Forest Department has generated much
enthusiasm for the Joint Forest Management (JFM) Programme by involving
non-governmental organizations (NGO)s in consultations with the World Bank.
It has reinforced this enthusiasm, deputing its Officials to attend JFM
meetings organized by NGOs. The Department, but, has confined registration of Vana samrakshana Samithis (VSSs) to the
targeted two hundred that it is funding, under the World Bank sponsored Andhra
Pradesh Forestry Project (APFP). If these are successful, the Department
intends extending the JFM Programme after five or six years. The Department is also geared to start
another 8500 committees at the instance of the Chief Minister. These will be outside the purview of the
APFP. Such an massive exercise of
expansion of the JFM programme will have its operational and funding
difficulties. For example, what will be
the criteria for recognition of VSSs under the Chief Minister's JFM? So far,
despite impressive and ambitious statements, the programme has been a
non-starter. ITDAs in the State too,
having been nominated as the 'Chairman' of the VSS committees, are now coming
forward to invest funds that are available under different schemes. Nothing has come of this so far: the style of
functioning has not impr0oved much and the FSR is still not displayed in
villages. The peoples' psyche remains
unchanged, and they continue to view the JFM programme as yet another
plantation project. This is amply borne
out by the fact forestry operations under JFM began with thinning, rather than
protection.
Continued deprivation and consequent
alienation caused by the official machinery prompt tribals to view the reserved
forest with great bitterness and trepidation. They do not attempt to plant
trees in reserved forests as they feel that even such trees will not be spared
from felling. They also feel they may face further harassment and deprivation
of the usufruct. While teak plantation
schemes are gaining momentum around towns, tribals will not gain much by
raising similar plantations, as they would be sold by the Department. The ITDA promotes bamboo and teak plantations
along with coffee, silver oak and cashew.
It encourages introduction of commercial crops ushering in 'green
revolution' in irrigated areas. These policies have led to the tribal wanting to move away
from his traditional patterns to 'mainstream' developmental values.
If tribal integration into the mainstream
is sought, their distrust and fear of the Government must be overcome. The first steps in this direction should be
to encourage planting of minor forest produce and wild fruit trees in reserved
forests and allow tribals to harvest the usufruct. These ideas need propagation
in tribal villages. This alone will remove the misconception among tribals that
reserve forests are not accessible to people.
As long as people abide by the Forest (Conservation) Act, 1980, and
plant species consistent with the ecology of the area, they should be actively
encouraged. The forest department also needs to explore the possibilities of
providing other alternatives such s those suggested by B.D.Sharma. These include rubber plantations (as was done
in Tripura), and ensuring better prices for fuelwood (as was done in
Kerala). Following the example of
cooperative sugarcane producers, who have become stakeholders in sugar mills, bamboo
coupes managed by tribals, will enable their shareholding in paper mills, They
will then re-acquire a stake in conserving he forest and will be the best
guardians of this renewable resource.
Immediate clarification of doubts arising during this process needs
prioritization.
Tribals have concessions to collect minor
forest produce (MFP) from reserved forests and sell the same to the Girijan
Cooperative Corporation (GCC). Doubts in
this regard including whether they have
exclusive rights to usufruct or not need clarification. Without clarity, efforts to improve the
performance of the GCC through international loans will lead tribals into
debt. The 1988 National Forest Policy
recognizes tribals rights to MFPs. This
policy statement needs to translated into action by passing enabling legislation
the effect. While the GCC has to pay seignorage to the Forest department for
the coupes assigned to it, the Tribal Welfare Department reimburses this amount
to the Forest department. This is an
insult t the aspirations of tribals.
Also, the GCC, being a quasi government structure steeped in
bureaucratic norms, did not conduct elections to the primary cooperatives
associated with it for over a decade, leading to litigation. Elections were held subsequently, but in a
cursory manner.
A NGO has initiated the concept of
community forest management (CFM), as opposed to JFM, in some Mandals of East
Godavari District, using these principles.
This programme, called the Nurinti
Adavi, literally translated as the 'Hundred Houses Forest',
is a revival of traditional collective forest management practices, totally
doing away with Forest Department involvement.
Wherever initiated, all persons of that village become part of the
programme. Collective community decision
making and equitable sharing of produce eliminates the possibility of 'member -
non member' discrimination and minimizes conflict. The programme emphasizes food security,
encouraging the planting of fruit trees, rather than teak and other trees of
commercial value. Limited inputs of
money ensure elimination of fraudulent use of funds, Villagers collect and save
seeds of tree species, and these are sued for planting, eliminating the need
for capital intensive nurseries. No
clearing of forest is allowed, and seeds are dibbled in clear spaces, wherever
available, ensuring survival of existing natural growth.
While this approach is fundamentally
sound, other factors have often hampered work.
In Ootla, the NGO started by initiating a thrift programme and
renovating the village tank. While preparing
to initiate the Nurinti Adavi programme,
the Forest Department and the ITDA stepped in to convert the process into a
regular JFM programme. The villagers
were lured by ITDA, which promised input of funds for the JFM programme. The NGO subsequently withdrew from the
village. When the Narsapuram VSS was
formed under JFM, villagers in the adjoining Kannaram village were not
consulted. The villagers then initiated
a Nurinti Adavi programme. Subsequently, the Forest Department enrolled
the villagers as VSS members. The two
activities now proceed in parallel.
The NGO also motivated villagers in
Gandhinagaram, a village threatened with submergence under the Bhupatipalem
reservoir to take up the JFM programme, so as to further increase the costs of
submergence. Subsequently, the Forest
Department too, has taken up JFM activity in Bhupatipalem village, another
village threatened with submergence, under the Chief Ministers JFM programme. Some of the JFM programmes encouraged by the
NGO have had interesting effects. The
Department of Mines sanctioned a granite quarry at Chinnempalem village, where
the NGO had earlier cooperated with revenue officials in matters regarding
eviction of non-tribals, who had been issued pattas long ago. Alerted by
the NGO, the revenue officials were able to stop operations in the benami quarry. Nonetheless, the leases remained
uncanceled. The tribal villagers formed
a labour cooperative with assistance from the NGO, and subsequently, nominated
the Project Officer, ITDA as its Chairman.
The Project Officer then made several attempts to obtain support for the
Society. His successor, nevertheless,
did not take interest in the cooperative.
Now, the cooperative has initiated JFM activity as a VSS, and is the
only such body in the village.
Many
self-initiated committees of tribal and communities exist operational in Orissa
and Karnataka. These have been operating since a long time. While most NGOs await recognition of VSSs by
the Forest Department, barring a few, none have planted trees unilaterally and
asserted the stake of local people in forests.
Isolated efforts are not enough to build up peoples' movements. Confidence building among the local
communities is essential. Documenting
traditional forest management practices and conflict resolution mechanisms,
hurdles in promoting JFM as well as promoting forest regeneration and
protection will be the prerequisites for advancement of the concept. Ensuring transparency in all government
decisions and operations relating to tribals and forests and proactively
bringing these to the knowledge of tribals will also go a long way in
estimating importance of different issues and problems, and finding solutions
to these.
