It should be noted that under the Forest Rights Act of 2006, tribals who have been cultivating land for generations can claim entitlement to the land
Almost a week after Tribal Development Minister Ganpat Vasava told the assembly that tribals claims to forest land were being addressed with satisfaction, tribals and activists have called out the minister’s ‘lie’.
In a press conference held in the city on Wednesday, those who work with tribals for Forest Rights Act implementation said that there was not even one instance of a tribal getting land entitlement to the land he has been cultivating for long.
It should be noted that under the Forest Rights Act of 2006, tribals who have been cultivating land for generations can claim entitlement to the land.
“To begin with the what the Gujarat government is offering tribals under the FRA in the name of ‘land entitlement’ is an ‘adhikar patra’ and not a sanad. A sanad entitles a tribal to a land while the government’s adhikar patra is of no use as the tribals can’t even use it to get even an electricity connection,” said Paulomi Mistry of Eklavya Sangathan, that works with tribals.
Mistry further said that some of the adhikaar patra that was distributed during government functions don’t even have signatures of concerned officials.
“What is interesting is that earlier, before the FRA came into being, whenever tribes made a claim to forest land they actually got the Sanad (land entitlement certificate) from the government but now the practice has stopped,” said Mistry.
“Moreover, the FRA clearly states that tribals have to be given land to which they have been cultivating since generations subject to a maximum limit of 10 acres. But the government is not even acknowledging this. So if a tribal makes a claim to 5 acres of land, the state is giving him approval (not entitlement) for 1/10th of the claim,” said Mistry, stating that Vasava was misleading the assembly during his reply. Trials also accused the forest department of forcefully carrying out tree plantation drives on land they have been cultivating for long.
Veersinh, a tribal from Dahod, said first the government gives them adhikar patra of just 1/10th of what they claim as their land under FRA. “WE have been cultivating this land for ages. But once the government gives us an adhikar patra for 1/10th of the land, the forest department comes and does compulsory afforestation on the rest of the land claiming it is their land and we have no right to it,” said Veersinh.
The tribals also alleged that in many tribal district forest department officials were charing Rs5000 to Rs 10,000 to help tribals whose claim to the land was rejected. So far Gujarat has given just 1.57% of land claimed by the tribals under FRA.
EXPERT SPEAK
To begin with what Gujarat government is offering tribals under FRA in the name of ‘land entitlement’ is an ‘adhikar patra’ and not a sanad. A sanad entitles a tribal to a land while the government’s adhikar patra is of no use, said Paulomi Mistry of Eklavya Sangathan.
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