Rights Of Forest Dwellers and Thanthai Periyar Sanctuary

Introduction to Forest Dwellers' Rights and Sanctuary Conflicts

The establishment of the Thanthai Periyar Sanctuary in Tamil Nadu brought to light critical concerns regarding the rights of forest-dwellers.

These communities fear potential denial of their entitlements under the crucial Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA).

The Forest Rights Act (FRA), 2006: Core Principles

The FRA, 2006, formally known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, is pivotal for tribal welfare.

It aims to rectify the historical injustice by recognizing the symbiotic relationship between these communities and the forests they inhabit.

Rights Granted Under FRA, 2006

The FRA provides a comprehensive set of rights, categorizing them into individual and community entitlements.

• Individual Rights: Include rights to self-cultivation and habitation.
• Community Rights: Encompass grazing, fishing, access to water bodies, and traditional seasonal resource access for nomadic and pastoral communities.
• Special Recognitions: Rights of Particularly Vulnerable Tribal Groups (PVTGs), intellectual property rights, and customary rights are also acknowledged.
• Conservation Rights: Communities gain the right to protect, regenerate, or manage community forest resources sustainably.
• Developmental Rights: Provision for allocation of forest land for developmental purposes to meet basic infrastructural needs.

Role of Gram Sabha in FRA Implementation

The Gram Sabha (village assembly) is central to the implementation and enforcement of the FRA, 2006.

It is an highly empowered body, ensuring that the tribal population has a decisive say in local policies and schemes affecting them.

Violations of the FRA, especially concerning Scheduled Tribes, are considered crimes under the 2016 amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989.

The Act also states that converting forest villages into revenue villages is a recognized right for forest-dwelling Scheduled Tribes and other traditional forest dwellers.

FRA and Protected Areas: A Legal Interplay

When a Protected Area is notified under the Wild Life (Protection) Act (WLPA), 1972, the government must first assess rights under the FRA, 2006.

Crucially, consent from the Gram Sabhas is required before such notification.

Madras High Court Order and Grazing Rights

In March 2022, the Madras High Court revised an older order concerning cattle grazing in Tamil Nadu's forests.

The ban on grazing was restricted to National Parks, Sanctuaries, and Tiger Reserves, lifting the total ban across all forests.

This order is notable as the FRA 2006 explicitly acknowledges grazing rights and traditional resource access for nomadic or pastoralist communities.

These grazing rights are considered community rights at the habitation level and are to be regulated by their respective Gram Sabhas.

Thanthai Periyar Wildlife Sanctuary: Key Features

The Thanthai Periyar Wildlife Sanctuary, Tamil Nadu's 18th wildlife sanctuary, covers 80,114.80 hectares in the Bargur Hills of Erode district.

It strategically connects the Nilgiris Biosphere Reserve with the Cauvery South Wildlife Sanctuary.

• Geographical Significance: Located at the junction of the Eastern Ghats and the Western Ghats, contributing to its rich biodiversity.
• Tiger Corridor: Forms a vital part of the tiger corridor linking Sathyamangalam Tiger Reserve, Male Mahadeshwara Hills Tiger Reserve, and Cauvery Wildlife Sanctuary.
• Conservation Importance: Recognized by the National Tiger Conservation Authority (NTCA) for supporting a viable tiger population.
• Elephant Reserve: A significant component of the Nilgiris Elephant Reserve, home to a healthy population of elephants and Indian Gaur.
• Hydrological Role: Serves as the catchment area for the Palar River, which flows into the Cauvery River, supporting agricultural activities downstream.