People's Democracy

(Weekly Organ of the Communist Party of India (Marxist)

Vol. XXVI

No. 47

December 01,2002


RESOLUTION

Withdraw Anti-Tribal Circular

 THIS All India Tribal Convention organised by the CPI(M) demands the withdrawal of the May 3, 2002 circular issued by the Ministry of Environment and Forests, Government of India, which orders eviction of all illegal encroachments in the forest land estimated to be around 12.55 lakh hectares.  The government has done so in the name of implementing the Supreme Court decision of  November 23, 2001 in the forest case which restrained regulation of encroachments.  This, in effect, means throwing out ten million tribals from their natural habitat and depriving them of their inalienable right to the forest and to the produce of the forest. Criminally, the circular does not even refer to the issue of rehabilitation and resettlement.

The circular differentiates between pre-1980 and post-1980 encroachment. This conceals the real differentiation that should be made in encroachment, that is between the use of the forest land by their natural owners, the tribals and other landless poor on the one hand and non-tribals, land-owning encroachers and richer sections who have and are exploiting the forest for commercial purposes on the other hand.

The clarificatory circular issued by the Ministry of Environment on October 30, 2002 does not address this crucial issue and only limits itself to clarifications that pre-1980 eligible encroachments and disputed claims may be settled. This will bring no relief to the tribals. No concrete measures have been taken to resolve the claims and disputes raised by tribals, most of whose claims have been rejected. Moreover, since large sections of tribals, who would be included in the pre-1980 settlement have unrecorded rights and have been deprived of land deeds or any proof of such settlement, they too  would be faced with eviction under the order of such circular.

The orders are a violation of the constitutional spirit in favour of affirmative action for tribals. It is contradictory to several other earlier government circulars in the post-1988 period that emphasise relationship between tribals and the conservation of forest. It goes against the SC/ST Commission recommendations.

Various organisations and tribal groups are actively campaigning  against this retrograde circular.  The united movement for this should be strengthened.

This convention also calls upon democratic organisations all over India to wage  a determined struggle to force the government to withdraw the said circular, to resist any eviction of the tribals that may be attempted.