SAKTI, an NGO was established in 1985 by Dr. P. Sivarama Krishna, who got doctorate degree in 1982 on “Tribal Knowledge Systems”, from Osmania University, Hyderabad.  P. Sarada Devi joined SAKTI in 1987.

Conserving the Forests:

Office of the Dist.Forest officer, Kakinada Dvn.

Kakinada, E.G.Dist

Dt.25.6.85.

MEMO Rc.No.18945/85.L.

Sub:– Issue of cane wood to the Tribal beneficiaries – through ITDA
– Rampachodavaram – reg.
Ref:– Project Officer, ITDA, R.Chodavaram D.O.No.T5/1136/85

A copy of the reference cited is herewith enclosed. The Forest Range Officer is directed to give necessary instructions to the section officers and forest guard to guide the beneficiaries in cutting and transporting the cane.

Sd/ Dist.Forest Officer, Kakinada

Community Forest Management
“NGO-supported community based conservation: NGOs are supporting community struggle for conservation of their resources in two ways: one is to fight the attempts of entrenched classes to do any more damage and the second is to devise positive solutions for conservation. For example, Sakti is a federation of 23 community groups who have been protecting their forests for more than 10 years, much before the advent of JFM, and, because of their strength, are in a position to consolidate their conservation efforts by utilizing JFM provisions.” page no.98.

-Aravind Khare Community based conservation in India, Sage publications, New Delhi 1998.

Tribals trek to save Godavari delta forests
Sakti generated over 300 complaints about trees that had been cut or marked for felling in violation of rules. Felling Rules and Silvicultural practices stipulated as follows. Only matured or dying trees were to be felled. Jeelugu (Caryota urens) palm, trees yielding minor forest produce like tamarind or cane brakes, creepers were not to be touched. A gap of 20 meters from a stream. Cutting a tree was not allowed if it would disturb the canopy. Complaints citing instances of violation of the above rules saved many trees”.

It is to Sakti’s credit that it has documented such violations and anomalies extensively, motivated people in many villages to report such violations to prevent tree cutting in the first place and fought legal battles right up to high court.

– C Lokeswara Rao – Times of India April 30, 1991

While tribes are prosecuted for cultivating in reserve forests, the lands abutting the reserve boundary are classified as ‘unreserved’. The forest department was wielding a de facto control on these lands. SAKTI in collaboration with ITDA (Integrated Tribal Development Agency) had taken up cashew plantations in these lands in 1985. Revenue department issued titles to the beneficiaries and demolished the myth of ‘unreserved’.

The 1986 Godavari floods and the flash floods to hill streams in the cyclone of 1990, motivated SAKTI to take up disaster management/ preparedness measures and also started working on conservation of forests and environment as it realised that deforestation is one of the main causes for floods and the damages.

Stopped the state-supported deforestation by plywood industries, mining leases and timber contractors in East Godavari district through PIL (Public Interest Litigation).

Restored the rights of tribes to get khair trees for kattha production offered to private merchants by forest department in Khammam and Karimnagar districts .
In 1988 State government taken a policy decision to allot kattha trees to tribals.
In 1991 government invited private parties in certain districts for the allotment.
The High Court suspended the allotment to private parties and directed the government to stick to the policy.
The government issued an order confirming the policy.v
The kattha industries approached the court. Court directed that the government order is final.

(1997) 8 Supreme Court cases 191
Samata Vs. … Appellant
State of A.P.and others … Respondent
Hyderabad Abrasives & Minerals (P) Vs…. Appellant
State of A.P.and Others … Respondent

Hyderabad abrasives & minerals (p) ltd. Along with 6 others lost the case against the Sakti in High court. Filed appeal in Supreme Court. See Para No.3,7,237 in the above judgement.

The A.P.Forest Development Corporation Limited which is an undertaking of Government of Andhra Pradesh also constitutes a ‘person’ Since the A.P.Forest Development Corporation Limited, is not expressly exempted from the operation of A.P.Scheduled Areas Land Transfer Regulation 1959.
– Commissioner of Tribal Welfare to Dist.Collector, Khammam, Roc.No.1186/94/TRI/Rly.dt.19.5.1994.

“In scheduled area, Government can transfer land for public purpose. Samatha vs. State of Andhra Pradesh, AIR 1997 SC 3297.”

– Andhra Pradesh Forest Laws, Page No.387, 2nd Edition 2000-2001, Asia Law House – By A.Kishan.

SAKTI forced the government to implement the instructions of Chief Secretary (27-10-‘89) to cancel the mining leases to non-tribals in Scheduled area. The contention of SAKTI that ‘person includes govt’ was upheld by High Court of A.P. in 1993. The Government concluded that the undertakings of government of A.P. also constitutes a person and instructed district Collector, Khammam to evict A.P. Forest Development Corporation holding cashew plantations in the scheduled area of that district. The intervention of Samatha, another NGO in this case brought APMDC (Andhra Pradesh Mineral Development Corporation – a state government undertaking) into the picture. The Supreme Court allowed alienation of land for government corporations. But tribals of Khammam forced the government to distribute these plantations held by APFDC (1600 acres) in ’99.

APFDC Ltd. – Sale of Cashew usufruct by A.P.Forest Development Corporation Limited – Formation of Co-operative of Tribals for sale of Cashew usufruct at Naramvarigudem Cashew Plantations in Khammam District – Orders – Issued. Environment Forests science and technology (S&T) Dept. G.O.Rt.No.523, Dt.1.12.99.

Resettlement & Rehabilitation:

SAKTI is suing the Singareni Collieries, a public sector enterprise, to comply with the directions on rehabilitation in the above Supreme Court case.

W.P. No. 11970 of 2004
SAKTI Vs. Union of India

Direct the respondents to prepare a Resettlement and Rehabilitation Package for the Project Affected Families of Khairguda Open Cast Project of Bellampalli region of Adilabad District of the 7th respondent in the light of the National Policy of Resettlement and Rehabilitation for project Affected Families 2003 and the decision of the Hon’ble Supreme Court reported in AIR 1997 SC 3297 and implement the same within a time frame and pass such other orders as this Hon’ble court deem fit and proper in the circumstances of the case.

In March 1995, the High Court responding to the petition filed by SAKTI directed the state govt that permission of govt of India is mandatory to fell the trees, much before similar orders of Supreme Court in T.N.Godavarman case of 96.

Forest – Supply of Forest raw material to M/s Godavari Plywoods Limited, as per the commitment given to BIFR – Orders – Issued, Environment, Forests, Science & Tech. (For.III) Dept. G.O.MSNo.66 dt.24.4.1996.
Relief Granted by AP High Court: (1033&1034/95)(direction dt.6-9-95) “The learned counsel for the petitioner submit that as per the provisions of the forest conservation act sanction of the Central Government is mandatory for felling trees.
Direction to the Dt forest officer Kakinada (R4) to approach the competent authorities for the grant of necessary permission for the supply of the raw material.”

High Court directed the government not to proceed with any activity regarding Bauxite mining in Visakhapatnam district without obtaining necessary clearance and disposed the case stating the agreement entered with Zindal South West Holdings Private Limited is inoperative. SAKTI also contested that the order of state government ot alienation of land to state corporations such as APMDC is against the procedures (consultation with Tribal Advisory Council and National Commission for Scheduled Castes & Scheduled Tribes) laid down in V Schedule and the Constitution. The high court did not respond to this prayer.

WRIT PETITION NO. 1571 OF 2006
ORDER Dated, 20-06-2006

….. till the required permission is obtained by the State Government in terms of Section 2(2) of the Act as also environment clearance is granted by the competent authority, the agreement entered into between respondent No.1 and respondent No.7 shall not be implemented.

The state government introduced new CrPC in the scheduled areas at the instance of Supreme Court. The Court incorporated the government order in their judgement. But, the government passed the order without consulting TAC and National Commission for Scheduled Castes & Scheduled Tribes. SAKTI challenged this lapse in the apex court.

SAKTI invoked the prevention of SC&ST atrocities act against the atrocities committed by police on the tribals fighting for their land in West Godavari district. The Court directed to approach the Commission in the state. This Commission has no powers on par with the above act i.e., to appoint a special officer. SAKTI challenged the order in the apex court.

SAKTI was NGO member in the expert committee convened by Government of Andhra Pradesh at the instance of Supreme Court of India in 1997 to define “Forests”. The CEC of Supreme Court directed the State government to submit fresh estimates of “Forest” being submerged under Indira Sagar (Polavaram) dam. (A. No. 944 in A. No. 839, SAKTI Vs Govt of A.P.)

G.O.Ms.No.1, EFS& T (For1), Dt.10-1-1997
The following are the members of the Expert Committee:
1. R.P.Bahadur, IFS (Retd)
2. M.D., APSRAC
3. Director, NRSA (National Remote Sensing Agency)
4. Secretary to Commissioner Land Revenue (CLR)
5. Commissioner, Tribal Welfare,
6. Sivaramakrishna, Sakti
7. K.Subba Rao, IFS, Chief Conservator of Forests, Member Convenor

Obtained Stay Orders from High Court of A.P. against the circular of Inspector General of Forest for eviction of tribals from the ‘forests’ in Oct’2002. In India High Court of A.P. only issued orders against eviction. Conducting trainings for NGOs and tribals in identifying forest boundaries through “Flagstone Cairns” “Masonry Cairns” “Earthern Cairns” “Rough Stone Cairns” and “Intermediate Cairns”, Forest map reading and in understanding the procedures for claiming the rights to their occupation of forests.

“A land mark order was passed by the Supreme Court on March 1995 in which the States of Maharashtra and Madhya Pradesh were directed to decide about the people’s claims in the light of 1990 instructions of Government of India (Document-1). About 95 percent of cases in Dahanu, Maharashtra were settled in the favour of tribals adopting the said process. This resolution of disputes in Dahanu, however, has remained an isolated success story largely because of lack of information about this order and inadequacy of ground work necessary for establishing genuine claims”. P.7

“The resolution of disputes over forest land will require a lot of home work on the part of the State as also the people’s movement/ organisations/ institutions. It may be possible for some organisations to set out the legal parameters in clear terms discussed above. However, the presence of such organisations is rather limited”. P.no.19.

– B.D.Sharma, Forest lands – January 2003.

Right to Information and Participation:

Minutes of the meeting on conduct of Survey:
The following members attended the meeting: dated: 20-10-1997
1. Sri S.Ray, I.A.S., Principal Secretary to Government, social Welfare Department
2. Sri J.Rambabu, IAS, Principal Secretary to Government, Revenue Department
3. Sri G.Sudhir, IAS, Secretary to Government, Revenue
4. Sri T.S.Apparao, IAS, Commissioner of tribal welfare
5. Sri Anil Kumar Singhal, Project Officer, ITDA, K.R.Puram, W.G.Dist.
6. Dr. Sivaramakrishna from Sakti

In 1997 the Government of Andhra Pradesh requested SAKTI to facilitate the verification process of land records of West Godavari Agency area responding to the agitation of tribes, spearheaded by SAKTI.

High court allowed the proactive role of SAKTI in pursuing the cases of land rights: 

“1600 tribals have been released from bonded labour due to the restoration of 23300 acres of land from the non-tribals. Although the rules do not allow sale of land, the cost of the released land, for the sake of valuation, can be estimated as Rs.233 crores. This has improved their quality of life in many ways. Now, They can get loans and subsidies from the government and banks against their assets.”

-Review report of Oxfam, Hyderabad 20-25, Nov’2002 

Government repeated its commitment to the guidelines evolved in the above meeting held on 20-10-1997:
Objectives of Guide lines:
A) Enlisting the cooperation of political parties and others in setting the problems amicably;
B) By educating through appropriate information the agitating tribals about the scope of their legal rights;
C) By a comprehensive analysis of the existing judicial adjudications; and
D) The ascertainment through inquiry and study of title deeds and documents of the respective rights of tribals and non-tribals.

– Secretary Tribal Welfare Deptt. Govt. of A.P., 13-08-2001.

TRIBALS TO BOYCOTT POLLS
RAMPACHODAVARAM: Tribals of Bhupatipalem, Gandhinagaram, Kothapakalu and Chinna Geddada had decided to boycott elections to be held on Saturday in protest against the move to construct a reservoir across Sitapalli drain at Bhupatipalem, stating that their farmland would get submerged under it. About 1,100 acres of farmland is here in the four villages. In a statement the affected farmers alleged that the Government had taken unilateral decision in regard to construction of the reservoir at Bhupatipalem without taking their opinion into consideration. Cashewnut orchards, palm grounds and tamarind trees would be submerged with the execution of the project. A proposal for the reservoir was made eight years ago. But, it has not materialised so far. However, the district administration had showed little attention for the development of the villages on the pretext that they would be submerged, the tribals alleged. They were reluctant to leave the place even if they were rehabilitated at Pundrapattapalem, 30 km away from the reservoir.

– Deccan Chronicle dated 14-06-1991