a research study on mechanisms for recognition of habitat

A Research Study on Mechanisms for Recognition of Habitat Rights of

PVTGs under the Forest Rights Act

UNDP under the aegis of

Ministry of Tribal Affairs, Government of India

(2014)

2

A Research Study on Mechanisms for Recognition of Habitat Rights of

PVTGs under the Forest Rights Act

July 30, 2014

With Support From:

United Nations Development Programme

55, Lodi Estate, New Delhi – 110 003

Fax: 91-11-24627612

Under the aegis of Ministry of Tribal Affairs, Govt. of India

VASUNDHARA

Plot No. 1731, Phase – II, Near

Maruti Villa, At/Po - KIIT

Campus, Bhubaneswar -

751024,

i

Research Team

Study Coordinators

Subrat Kumar Nayak & Tushar Dash, Vasundhara

Principal Researcher

Prof (Dr) Premananda Panda, Former Director SCSCRTI, Govt. of Odisha

Study Team Members

Odisha

Subrat Kumar Nayak, Vasundhara

Reena Rani Bagh, Vasundhara

Madhulika Sahoo, Independent Researcher

Madhya Pradesh

Rana Roy, Independent Researcher


Balwant Ranghale, Independent Researcher

Chhattisgarh

(In collaboration with Navrachana, (NGO) based at Bilaspur, Chhattisgarh)Rana Roy,

Independent Researcher

Tushar Dash, Vasundhara


Devjit Nandi, Navrachana

Sanjay Nirala, Navrachana

Durgesh Dixena, Navrachana

ii

Guidance & Review

Madhu Sarin, Independent Researcher

Kundan Kumar, Independent Researcher

Y.Giri Rao, Executive Director, Vasundhara

Tushar Dash, Vasundhara

Rana Roy, Independent Researcher

Review of International laws Relevant to Habitat/Territorial Rights

Stella James, Fellow, Natural Justice

Report Compilation

Rana Roy & Subrat Kumar Nayak

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Acronyms & Abbreviations

BBCM – Banabasi Chetana Mandal (Local NGO)

BDO - Block Development Officer

CFM - Community Forest Management

CFR - Community Forest Resources

CPR - Common Property Resource

CWH - Critical Wildlife Habitat

DFO - Divisional Forest Officer

DKDA – Dongaria Kondh Development Agency

DLC - District Level Committee

DPF - Demarcated Protected Forests

DTWO- District Tribal Welfare Officer

DWO - District Welfare Officer

FCA - Forest Conservation Act

FD - Forest Department

FDA - Forest Development Agency

FGD - Focus Group Discussion

FRA - Forest Rights Act

FRC - Forest Rights Committee

FRO - Forest Range Officer

GP - Gram Panchayat

GPS - Global Positioning System

GS - Gram Sabha

IAY- Indira Awas Yojana

IFA - Indian Forest Act

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IFR - Individual Forest Rights

IFS- Indian Forest Service

ITDA - Integrated Tribal Development Agency

JFM - Joint Forest Management

JDA – Juang Development Agency

LTR- Land Transfer Regulations

MADA- Modified Area Development Approach

MFP - Minor Forest Produce

MGNREGA - Mahatma Gandhi National Rural Employment Guarantee Act

MoEF - Ministry of Environment and Forests

MoTA - Ministry of Tribal Affairs

NTFP - Non-Timber Forest Produce

OBC - Other Backward Classes

OFDC - Odisha Forest Development Corporation

OFSDP - Odisha Forestry Sector Development Project

OTFDs - Other Traditional Forest Dwellers

PA-ITDA – Project Administrator Integrated Tribal Development Department

PCCF - Principal Chief Conservator of Forest

PESA - Provisions of the Panchayats (Extension to the Scheduled Areas) Act

PO - Programme Officer

PRF - Proposed Reserve Forest

PRI - Panchayat Raj Institution

PS - Palli Sabha

PVTG - Particularly vulnerable Tribal Group

RF - Reserved Forest

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RI - Revenue Inspector

RoR - Record of Rights

RTI - Right to Information

SC - Scheduled Caste

ST – Schedule Tribe

SDLC - Sub-Divisional Level Committee

SLMC - State Level Monitoring Committee

TSP - Tribal Sub-Plan

UDPF - Un-demarcated Protected Forest

WEO - Welfare Extension Officer

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Glossary Bak Clan

Barika Messenger (from other caste- SC)

Bewar Shifting cultivation/ swidden agriculture

Bisi-majhi Social and cultural head

Charigada Pidha A Juang sub pidha

Chhatan Rock

Dakua Messenger

Dhakalrahit nistar Encumbrance free nistar lands

Dongaria Kondh A PVTG community of Odisha

Gochar Grazing land

Gramya Jungle Village forests

Gramkantha Parambhok Reserve for house site / Basti

Jharkhanda Pidha A Juang sub pidha.

Juang A PVTG community living in Odisha

Juang Pidha The traditional and customary geographical territory (habitat)

of Juang tribe, it consists of six sub pidha.

Kathua Pidha A Juang sub pidha

Majang Youth dormitory for boys

Manda Ghar Dormitory for boys

Mukhiya Sardar Head of all pidha

Mondal Administrative head

Navtorh Encroached land/ newly encroached land

Nistar Traditional land and forest rights of villagers/ villages

Padrika Dongaria Kondh clan head

Palli Sabha In Odisha it is considered as Gram Sabha under the FRA, 2006

Panike niche Submerged in water

Pahad Hill/ hillock

Patita Fallow land-A kisam of govt land meant for future use or

allotment to the landless.

Pradhan Village head

Pidha Sardar Head of sub-pidha

Rebona Pidha A Juang sub-pidha

Sathkhanda Pidha A Juang sub-pidha

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Executive Summary

The Forest Rights Act (FRA) has been acclaimed as a milestone in India’s legislative history.

It seeks to undo historical injustice done to millions of tribals and other traditional forest

dwellers whose rights on ancestral lands and their habitat were not recorded during the

consolidation of state forests during colonial and post-independence periods. Amongst the

diversity of rights, the FRA recognises rightsincluding community tenures of habitat and

habitation of Particularly Vulnerable Tribal Groups (PVTG) and pre-agricultural

communities.

However even after more than six years of implementation of the law, no habitat rights have

been recognised and only a couple of claims have been filed for the same. Lack of clarity

within and outside government about the concept and meaning of habitat, as well as the

procedure to be used for recognising such rights over larger landscapes covering multiple

villages, has been a major obstacle in the recognition of habitat rights.

Against this backdrop, the UNDP, at the request of the Ministry of Tribal Affairs,

Government of India, commissioned Vasundhara, an NGO based at Bhubaneswar (Odisha) to

undertake a study with the broad objectives of defining the concept of PVTG Habitat rights

and develop a suggestive guideline for its determination and recognition under the Forest

Rights Act. The PVTGs studied included the Baiga community in the States of Madhya

Pradesh and Chhattisgarh and the Dongaria Kandha community in Odisha. In addition a case

study of Juangs of Odisha, who were the first to file a claim for their habitat rights has been

undertaken.

A. Findings with regards to basis of determination of habitat rights.

The study has provided important insights about the meaning of habitat as perceived by the

PVTGs and the possible basis for determination as well as a desirable process for the

recognition of habitat rights so as to their ensure active involvement in the habitat rights

determination and recognition process. These are briefly discussed below:

Clan Identity: The PVTGs are divided into a number of exogamous clans with each clan

drawing its identity from a particular place or an element of nature or both. Clan deities are

usually located in the place of origin of each clan which the Baigas refer to as garh;

Dongarias as padar and Juangs as pidha. This gives an idea of their territory as well as their

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deities. The places of origin of different clans often lie deep in dense forests, with hillocks

and sources of water nearby suggesting a strong ecological link with their habitat.

Socio-cultural Beliefs and Practices: Social, cultural and religious events are organised at

different sites and are based on beliefs deeply connected to forests and other natural

resources. The periodicity of such social and cultural rituals and location of the place is often

dynamic and changes at varied frequency. These thus form an important constituent of their

habitat rights.

Resource access and Livelihood Relation: Livelihood sites of PVTGs might extend to a

wider territory depending on the nature and periodicity of their access and availability of

particular types of resources needed for their livelihoods. This may include their agroforestry

based traditional farming practices (referred to as podu, bewar, dongarchas etc. in local

parlance), items gathered and extracted from forests, sites for gathering medicinal plants etc.

Understanding sources of their livelihoods provides important indicators of the extent and

nature of their habitat.

Natural Markers/Important Landmarks: These may include hills, rivers, streams,

vegetation, grasses, particular tree species etc. considered other land marks for delineating the

boundaries and extent of their territory. Knowledge about these physical features is deeply

ingrained in their knowledge system and relate to their social and cultural beliefs and

practices.

Folklore, Songs and Narratives: The PVTGs are found to have a rich repository of songs,

dances and narratives about their origin, area, natural elements and cultural beliefs which

provide important clues about their use and conservation beliefs and behaviour. These may

constitute important sources of evidence for their habitat rights claims.

Traditional Knowledge: PVTGs have a rich repository of medicinal and ecological

knowledge including locations of medicinal plants, knowledge about wildlife behaviour,

pathways of wildlife etc. Their regime of knowledge and its connection with different

territories can serve as an important basis for determination of habitat rights.

Historical Information: Documents like encyclopaedia on geography, forest and ecology

gazetteers, land settlement reports, earlier anthropological accounts can provide important

information about PVTGs for reconstructing their habitat rights.

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B. Operational Definition of Habitat

The study suggests an operational definition of habitat rights based on insights gained from

the field work:

Habitat constitutes the customary cultural, ecological and social territory of a tribe which

does not necessarily comprise a compact or bounded geographical area. Habitat rights may

be defined as a bundle of rights that relate to livelihood, social, cultural and religious

practices of tribal communities embedded in the territory comprising their habitat.This rights

regime is mediated by their various forms of traditional institutions and leadership base who

play a crucial role in multiple affairs of the tribe. Many such rights are not necessarily

exclusive to one community and may be shared with other communities living in the habitat

area based on age old traditions of mutuality and reciprocity.

It is important to mention that the Forest Rights Act differentiates habitat rights with CFR

rights. While CFR rights may pertain to one or group villages, habitat rights relate to an entire

community or tribe. The areas of differences is briefly summarised in the following table:

CFR Rights Habitat Rights

Village as unit of claim making Community through its representative

institution/s as unit of claim making

Limited to Customary or traditional boundary of

a village/Hamlets or Group of

Villages/Hamlets

Limited to Customary or traditional boundary

of a particular PVTG or a community

FRC will initiate the process Concerned FRCs/gramsabha in coordination

with Traditional Institution(s) of the

community would initiate the process on be-

half of the community

More often the customary or traditional rights

are within their customary boundary except

rights over Minor Forest Produce

In case of PVTGs it is also beyond their

village/ settlements (temporary in case of

nomadic communities) or hamlet boundary

More often most of STs or OTFDs are not

confined to a particular geographical location

Identity is linked with the geographical area

or territory (PVTGs are found within a more

clearly identifiable geographical area)

Customary rights are limited within the

customary or traditional boundary of a village

Customary rights are not limited within the

customary or traditional boundary of concern

PVTG’s village or habitation

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C. Diversity of rights enshrined within habitat rights

Further, diverse rights are embedded within the habitat of each PVTG. Some of these include:

Right to perform religious or cultural rites over the geographical locations related to

their clans

Right to protect and conserve such natural entities/sacred areas

Right to protect and conserve places of their religious and spiritual importance

(irrespective of their distance from the actual settlement of PVTGs) from any

modification or destruction.

Rights over existing cultural sites and the right to decide and identify newer sites for

holding their rituals/ cultural events in future.

Right to practice their traditional systems of agriculture and other livelihood sites in

and around forests where they have regular, periodic or seasonal access.

These rights indicate the complexity and expansive nature of habitat rights. The above list is

is indictive in nature based on insights gained from the field work. .

D. Suggestive process for recognition of habitat rights

Habitat rights essentially constitute a bundle of multi-layered rights having territorial linkages

incorporating cultural expression. Thus it can be construed that habitat as a territory is

culturally constructed. However, exposure to multiple outsider interventions both before and

after independence and widespread alienation from their resources through forest and land

settlements has increased their vulnerability and influenced their ways of living, leaving them

socially, economically and politically weak. Thus determination of PVTGs habitat rights

would essentially involve a reconstruction of their habitat and of the variety of rights

enshrined within it. Although considerably weakened due to the super-imposition of external

administrative systems such as the Panchayati Raj system, PVTGs still retain various forms

of traditional leadership and institutions which are dynamic and flexible in nature.

The study suggests a proactive and explicit role of representatives of traditional institutions in

anchoring the process of determination and recognition of habitat rights in consonance with

the amended FRA rules. However this will require creating an environment that is sensitive

and accommodative to the perceptions of PVTGs and help them articulate their opinions

freely. In this backdrop, the study suggest a process guideline for determination and

recognition of habitat rights which includes built-in mechanisms within the existing

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framework of law for providing intensive facilitative support to PVTGs in making their claim

on habitat rights. The key steps suggested as a part of the process guideline include the

following:

Section 1- Preparatory Phase:

Organise training of all concerned government officials and staff on habitat rights provision

under FRA and central guideline on habitat rights determination and recognition

Step 1: Preparation of a State Action Plan

Section 2- Determination and recognition of habitat rights:

Step 2: Initiation of PVTG Habitat Rights recognition process

Step 3: Organise gram sabhas in all identified settlements of the PVTG

Step 4: Consultation with Traditional Leaders and FRC members

Step 5: Filing of claims in concerned gramsabhas or cluster of gramsabhas for verification

and approval. There can be a multi-tiered consultation at the local level as decided by

their traditional institutions.

Step 6: Submission of claims to all concerned SLDC/s and DLC/s with them considering

convening special joint sessions to consider claims if the habitat claim covers more

than one administrative area i.e. SDLC or DLC.

Step 7: After rights are recognised, habitat maps may be prepared using GPS and GIS

technology with active involvement of representatives of traditional institutions of

PVTGs.

Section 3: Roles and responsibilities of different authorities under FRA:

This section outlines certain specific roles and responsibilities of different authorities under

FRA which includes provision for special capacity building interventions at multiple levels,

ensuring necessary handholding support, monitoring and supervision of the right recognition

process and ensuring proper communication and coordination between different authorities.

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It is important to mention here that habitat rights are not just territorial but are an interwoven

fabric of social, religious, cultural, economic and political rights underlying the life and

livelihoods of PVTGs.

E. Significance of Habitat Rights Recognition

The PVTGs share a common history of dispossession and forest alienation. Across time due to

historic and external conditions inflicted upon them the relative harmony got disturbed causing

marginalization, migration and resettlements in some alien bio-cultural setup. This has had serious

adverse impact on their identiy threatening their very existence and survival. In this regard,

recognition and restoration of their habitat rights becomes important to secure not only their

livelihoods but to secure the very existence of such vulnerable PVTGs. Given the understanding that

Habitat Rights constitute a bundle of rights related to PVTG livelihoods, culture, society, religious

practices and beliefs, medicinal knowledge etc., recognition of such rights would imply holistic

development of such communities and revival of their lost identities.

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Contents

Research Team ................................................................................................................................. i

Acronyms & Abbreviations ............................................................................................................. iii

Glossary ........................................................................................................................................... vi

Executive Summary ........................................................................................................................ vii

CHAPTER-1- Introduction ..............................................................................................................1

1.1. Introduction ............................................................................................................................. 1

1.2. Habitat Rights and FRA provisions ........................................................................................ 2

1.3. Status of habitat rights recognition under FRA....................................................................... 4

CHAPTER-2-Objective and Method Adopted ..................................................................................7

2.1. Objective ................................................................................................................................. 8

2.2. Methodology ........................................................................................................................... 8

2.2.3. Parameters for identifying the nature and extent of habitat rights of a concerned PVTG. ........ 8

2.3. Study Sample .......................................................................................................................... 9

2.4. Criteria for Selection ............................................................................................................. 10

2.5. Data Collection Tools ........................................................................................................... 11

CHAPTER- 3- Habitat Rights Determination & Recognition: Field Study Findings ...................... 12

3.1. Baiga: ........................................................................................................................................ 13

3.1.1. Baigas of Chhattisgarh and Madhya Pradesh: An Introduction ............................................... 13

3.1.2. Socio-economic Status and Development ............................................................................... 17

3.1.3. Status of FRA in Baiga dominated area (Sample districts) ..................................................... 20

3.1.4. Basis of determination of habitat Rights .................................................................................. 21

3.2. Dongaria Kondha: ...................................................................................................................... 29

3.2.1. The Dongria Kondh in Niyamgiri: An Introduction ................................................................ 29

3.2.2. Socio-economic Status and development ................................................................................ 30

3.2.3. Status of FRA in Dongaria dominated area (Sample districts) ................................................ 33

3.2.4. Basis of determination of habitat Rights: ................................................................................ 34

xiv

3.3. Habitat Rights of Juang - A Case Study on Claim Making Process .......................................... 39

3.3.1. Juang - An Introduction ........................................................................................................... 39

3.3.2. Basis of determination of habitat Rights. ................................................................................. 44

3.3.3. Steps followed for determination and filing of claim for habitat rights................................... 48

3.3.4. Learnings ................................................................................................................................. 53

CHAPTER-4- Summary of Key Findings & Conclusion ................................................................. 55

CHAPTER-5- Guideline for Determination and Recognition of Habitat Rights of Particularly

Vulnerable Tribal (PVTG) Groups ................................................................................................. 71

5.1. Process Guideline for Determination and Recognition of Habitat Rights of Particularly

Vulnerable Tribal Groups (PVTG) ................................................................................................... 72

i. Background ................................................................................................................................. 72

ii. Process Guideline ........................................................................................................................ 73

Section 1: Preparatory Phase............................................................................................................ 73

Step 1: Preparation of a State Action Plan ......................................................................................... 73

Section 2: Determination and recognition of habitat rights .............................................................. 74

Step 2: Initiation of PVTG Habitat Rights recognition process ........................................................ 74

Step 3: Organise gram sabhas in all identified settlements of the PVTG .......................................... 74

Step 4: Consultation with Traditional Leaders and FRC members ................................................... 75

Step 5: Filing of Claims ..................................................................................................................... 76

Step 6: Submission of Claims ............................................................................................................ 76

Step 7: Preparation of Habitat Maps .................................................................................................. 77

Bibliography ................................................................................................................................... 81

ANNEXURES ................................................................................................................................. 87

Annexure 1: Guideline for discussion in consultation with representatives of traditional

institutions and FRC members ....................................................................................................... 88

Annexure 2: Additional sources of evidence .................................................................................... 89

Annexure 3: Examples of Indicative Habitat Maps ......................................................................... 90

Annexure 4: International legal initiatives to recognise Habitat/ Territorial rights of local

communities. ................................................................................................................................... 95

xv

Annexure 5: FRA Implementation Issues in Chhattisgharh & Conservation Zones ....................... 99

Annexure 6: Community Reports ................................................................................................. 109

CHAPTER-1- Introduction

1

1.1. Introduction

The Forest Rights Act (FRA) is a milestone in the legislative history of independent India.

This is due to its mandate to ‘undo the historical injustice’ done to millions of forest dwelling

tribal and other communities whose pre-existing rights were not recognised during the

consolidation of state forests. The FRA recognises diverse individual and community forest

rights. This includes the right to community tenures over the habitat’ of Particularly

Vulnerable Tribal Groups (PVTGs) and pre-agricultural communities. These communities

have faced the maximum alienation from their customary forested habitats at least for 150

years with initiation of permanent settlement by the British followed by unabated alienation

after independence.

There are 75 centrally recognised PVTGs in the country. In some States like Chhattisgarh,

two communities viz. Pando and Bhunjia are considered as PVTGs by the State government

but they are yet to be centrally recognised. The centrally recognized special category from

among the Scheduled Tribe was constituted on the basis of the report of the Dhebar

commission (1960-61) which suggested that there exists inequality amongst tribal

communities in terms of their development. This sub-category was originally categorised as

‘Primitive Tribal Group’ (PTG). Such groups were identified by one or more of the following

features:

a. Existence of pre-agricultural practices

b. Practice of hunting and gathering

c. Zero or negative population growth

d. Relatively low level of literacy as compared to other tribal groups

The communities were identified based on the recommendations Tribal Research Institutes

(TRIs) of the respective state governments. By 1993-94, 75 groups had been identified and

placed on the list of PTGs. Since then, neither new groups have been added nor there any

deletion. In 2006, Government of India replaced the term PTG with Particularly Vulnerable

Tribal Groups (PVTGs) considering the derogatory connotations of the term ‘primitive’.

PVTGs are among the most marginalised and vulnerable groups in India today. They are

often not settled agriculturists, are often regarded with hostility or indifference by other

communities (including other tribal communities), tend to live in remote areas and are outside

most systems of education and social provisions in the country. There is also a great deal of

diversity within these communities, ranging from those such as the Katkaris of Maharashtra,

2

who have been reduced to destitute landless labour in most areas; to the Baigas of MP or the

Dongaria Kandhas of Odisha, who have a defined sense of territory and habitat and practice

collective and other forms of cultivation within it; to the Mankadia/Birhor of Odisha, who are

nomadic; to the Chenchus of Andhra Pradesh or other communities that continue practice of

hunting and gathering as their means of survival. The communities of the Andaman and

Nicobar Islands form an even more distinct subgroup within this wide canvas.

Special development projects and agencies have been launched for their development

although none of these has attempted to recognise and secure their rights over their habitats

and resources or prevent their further alienation and marginalization.

1.2. Habitat Rights and FRA provisions

The historic Forest Rights Act of 2006 for the first time provided scope for the recognition of

the PVTGs’ forest and habitat rights. Section 2 (h) of the FRA defines habitat as,

‘Habitat’ includes the area comprising the customary habitat and such other habitats in

reserved forests and protected forests of primitive tribal groups and pre-agricultural

communities and other forest dwelling Scheduled Tribes

The definition thus extends the recognition of habitat rights to other STs in addition to

PVTGs and pre-agricultural communities.

Section 3 (e) recognises:

‘Rights including community tenures of habitat and habitation for primitive tribal groups and

pre-agricultural communities’

Section 5 (c) of FRA which empowers forest right holders and their institutions to:

‘Ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest

dwellers is preserved from any form of destructive practices affecting their cultural and

natural heritage’

Rules 5(c) and 7(c) for the FRA provide for representation of PVTGs in the Sub-Divisional

Level (SDLC) and District Level Committees (DLC), (authorities constituted for

implementation of the law). For example, Rule 7(c) requires the following composition of the

DLC:

‘Three members of the district panchayat to be nominated by the district panchayat, of whom

at least two shall be the Scheduled Tribes preferably those who are forest dwellers, or who

3

belong to members of the primitive tribal groups, and where there are no Scheduled Tribes,

two members who are preferably other traditional forest dwellers, and one shall be a woman

member, or in areas covered under the Sixth Schedule of the Constitution, three members

nominated by the Autonomous District Council or Regional Council of whom at least one

shall be a woman member’

Requiring special attention being paid to the recognition of the habitat rights of PVTGs, Rule

8 (b) provides that the DLC shall:

‘Examine whether all claims, especially those of primitive tribal groups, pastoralists and

nomadic tribes, have been addressed keeping in mind the objectives of the Act’

Rule 12B (1) requires involving the traditional institutions of PVTGs in the recognition of

their habitat rights by stating:

‘The District Level Committee shall, in view of the differential vulnerability of Particularly

Vulnerable Tribal Groups as described in clause (e) of sub-section (i) of section 3 amongst

the forest dwellers, ensure that all Particularly Vulnerable tribal Groups receive habitat

rights, in consultation with the concerned traditional institutions of Particularly

Vulnerable Tribal Groups and their claims for habitat rights are filed before the concerned

Gram Sabhas, wherever necessary by recognizing floating nature of their Gram Sabhas’

Thus, the FRA and its Rules give special emphasis on ensuring recognition of the habitat

rights of PVTGs and pre-agricultural communities.

Internationally there have been legal initiatives to recognise similar rights of local

communities. In Phillipines, the Indigenous Peoples’ Rights Act (IPRA) 1997 recognises

‘ancestral domain’ of local communities. Within this law, ancestral domain claim of the

Ilonggot over Luzon Island, comprising an area of 136,000 hectares have been recognised. In

Canada, under the Indian Act, land belonging to the First Nation Peoples is declared as

‘Reserve Lands’; authority is divided between the Indigenous Peoples and the government on

tax, justice, fiscal relations, environment etc. Malasiya recognises the concept of ‘native

title’. An interesting example of ‘native title’ is that of the Kadazandusun village of Bundu

Tuhan, spread over the hills, valleys and southern foothills of Mount Kinabalu, a Native

Reserve of 1263 hectares with a model of self-governance. The Native Title Act of Australia

4

or the i Taukei Land Act of Fiji has similar scope to recognise the native and ancestral

territory and rights of local communities1.

1.3. Status of habitat rights recognition under FRA

It has been more than six years since the FRA came into force. However there are only two

known cases of claims for habitat rights having been filed till now – that of the Juang

community from Odisha and of the Madias from Gadchiroli district (Maharastra). In both

cases, the claim filing process was supported and facilitated by local NGOs. Neither of the

two claims has been recognised to date. Some of the key bottlenecks with regard to

implementation of FRA provisions related to habitat rights recognition are:

Lack of knowledge, clarity and awareness about the rights of PVTGs under the Act,

including in particular the right to community tenures of habitat. This lack of

awareness and clarity applies both to government officials and to the communities

themselves.

Lack of clarity about the meaning of ‘habitat’ and related rights under the Forest

Rights Act.

Lack of clarity about the procedure for the recognition of the habitat rights of these

communities given that their claims may extend across multiple settlements over a

large geographical area.

Low literacy levels and lack of legal awareness among PVTGs, making the claim

filing process particularly difficult.

Tendency to rely on forest records during the rights recognition process, when these

are irrelevant to most forest rights and especially so in the case of PVTGs, most of

whose rights and activities were either never recorded or were recorded elsewhere

(such as in gazetteers, anthropological studies, princely state records, etc.).

Resistance to the recognition of PVTG rights by other interests and a lack of clarity

among officials about the implications of overlap between PVTG rights and those of

other communities, individuals and agencies.

Concerns regarding lack of clarity with regard to habitat rights at different levels have also

been expressed in several regional consultations on FRA organised by Ministry of Tribal

1 For a more detailed summary of such legislations in the countries mentioned above, please refer to Annexure

4 of this report.

5

Affairs in the last couple of years. The MoEF-MoTA Committee to study the implementation

of FRA in the year 2010 also pointed out the lack of adequate details and explanation about

the habitat rights in the Act and the rules and had suggested that MoTA should come up with

a detailed guideline on the issue of determination and recognition of habitat rights under

FRA.

Against this backdrop, at the request of Ministry of Tribal Affairs the UNDP commissioned

Vasundhara to carry out a study to evolve a suggestive framework and guideline for

determination and recognition of the habitat rights of PVTGs. The specific study objectives

are:

1. To identify the nature and extent of the habitat rights of a concerned PVTG.

2. To explore the determination and recognition process of Habitat rights under FRA

Key Research Questions

What is the procedure that the state administration should follow in order to ensure

the recognition of habitat rights for PVTGs?

How can the traditional institutions of the PVTG, if any, be incorporated in the

decision making process?

What records would state agencies need to provide and in what manner?

In what manner can state agencies facilitate the preparation and filing of claims to this

right? How can they coordinate the process of filing and securing the decisions of

multiple gram sabhas in this regard?

The Dongaria Kandha and Juang communities from Odisha and Baiga community from

Chhattisgarh and Madhya Pradesh were selected for the study.

This study report has four chapters: Chapter 1 gives a brief idea about PVTG and FRA

provisions related to recognition of their habitat rights. It further outlines the study objectives

and briefly deals with the meaning of habitat and possible approach to determine the nature

and extent of habitat. Chapter 2 provides an account of the methodology of the study.

Chapter 3 includes the community wise reports having separate sections for each of the

studied communities i.e. Baiga, Dongaria Kandha and Juangs. Each of the section synthesises

the findings related to basis of determination of habitat rights and process of its recognition as

per FRA provisions. Chapter 4 summarises the key findings from the study with regards to

6

the basis for determination of habitat rights and defining the meaning, nature and scope of

habitat rights within FRA provisions, its difference with CFR rights and provides a brief

conclusion highlighting the complex nature of habitat rights and the need for attentive and

intensive facilitation of the rights determination and recognition process with meaningful

involvement of PVTGs. Chapter 5 draws from the previous chapter and provides a

suggestive framework and guideline for determination and recognition of habitat rights of

PVTGs.

7

CHAPTER-2-Objective and Method Adopted

8

2.1. Objective

The objective of the study is broadly divided into two broad categories mentioned below:

1. Identifying the nature and extent of the habitat of a concerned PVTG.

2. The Determination and recognition process of Habitat rights under FRA.

What is the procedure that the state administration should follow in order to

ensure the recognition of habitat rights for PVTGs?

How can the traditional institutions of the PVTG, if any, be incorporated in the

decision making process?

What records would state agencies need to provide and in what manner?

In what manner can state agencies facilitate the preparation and filing of claims to

this right? How can they coordinate the process of filing and securing the

decisions of multiple gram sabhas in this regard?

2.2. Methodology

2.2.3. Parameters for identifying the nature and extent of habitat rights of a concerned

PVTG2.

1. Ecological Parameters: It is an established fact that an area with higher bio-

diversity provides greater livelihood security to the people .Keeping this in view the

following parameters has been chosen.

Natural Markers

Land

Water (River Bank, Stream)

Mountains

Movement of wild animals

Movement of inhabitants

Land Contour

Seasonal Variation

Vegetation

2 The list of indicators under each parameters were drawn up hypothetically based on literature review to

guide the field investigation. During the course of field work, it was realized that covering all the parameters would require a much longer period of time and a detailed anthropological work which was again beyond the scope of the present study limited by time.

9

2. Demographic Parameters:

Sex ratio

Concentration of clan members (Ethnic Group) in the geographical space

History of demographic composition of PVTG micro project area

Uni-Clan– multi-clan – multiethnic composition

Mobilityof human resource through traditional institution

In migration – out migration (Immigration- emigration)

3. Economic Parameters:

Grazing land

Cultivation – Shifting/settled

Forest resource dependency

Bovines

Hunting

Fishing

Labour

4. Material & Cultural Traits [Material Culture, Non-material culture]

Hunting & Fishing

Native Technology

Art , Dress

Rights and Rituals, Myth, Legends, Belief system, Magic, Folksongs

Purpose of the use of Natural Resources

Tangible Cultural Traits

2.3. Study Sample

Sample PVTG State District

Covered

Sample villages

Core Fluid/Outer

Dongaria Kandha Odisha 2 2 10

Baiga Madhya Pradesh &

Chhattisgarh

9 4 20

Juang (Special Case Study) Odisha

Sample Size Odisha: Two Dongaria Kondha Core Villages in Nyamgiri Hills under

concerned micro-project area.

Sample Size in Chhattisgarh & Madhya Pradesh: Four Baiga core villages, two in MP and

Chhattisgarh each.

30 satellite villages (in relation with the in-depth study villages) ten from each state.

10

2.4. Criteria for Selection

For operational definition the PVTG setellement area may be categorized into three cultural

zones:

- Culture Core Zone: The geographical space with very high concentration of

concerned PVTG population having traditional and customary practices in vogue and

may or may not be within the confines of micro-project area determined by the

government.

- Fluid Zone: The geographical space having mixed concentration with population of

the concerned PVTG less than half but still within the administrative unit of the

micro-project and with highly disintegration of customary and traditional feature.

- Outer Zone: The geographical space represented by very low concentration of

concerned PVTGs and has undergone a massive acculturation process. These areas

also fall out the administrative unit of the micro-project.

A multi-stage stratified random sampling method was adopted for selecting the study

village. It is decided to take up the main study villages from the culture core area

(hereinafter referred to as core villages) having numerical dominance of the powerful clan.

Such clan hierarchy has been considered as to what is in perception and practice of PVTG

communities in the concerned area. Care was taken to select the remotely located villages. In

order to understand the historical and contemporary situation around the parameter, separate

discussions with representatives of three generations was carried out in the core villages.

These villages were considered for deeper and extensive enquiry on the aforesaid parameters

while short visits were made to a few other villages in the locality.

In addition to the exploring the aforesaid parameters, focus was made on the dynamics

of understanding clan, sub-clan, lineage, and tribe and their territories to develop a

holistic picture of the habitat of the studied PVTG. These further involved interactions

with representatives of the traditional institutions and formal and informal leaders at the

habitat/larger landscape level in order to develop a proper understanding of bio-cultural

dimension of territoriality of the group who collectively shared and customarily expressed

solidarity of the community as a whole.

11

Further in addition to detailed village study, interviews with multiple set of stakeholders on

the aforesaid parameters and other aspects were carried out. An indicative list of research

participants is given in the following section.

Type of Research Participants

Core village: important villagers that include elders, women leaders, opinion makers,

PRI representative from the village (covering these sections across three generations),

youth club members/ leaders, village animators under any government program, any

village level worker associated with the micro-project program.

Knowledgeable traditional leaders from the region (including those beyond study

village/s), members/leaders of the traditional institutions representing socio-political

organizations of the community (e.g. clan leaders, collective of the leaders at the

habitat level)

Officers/ staff of micro-project

NGO members working in the locality or on PVTG issues at multiple level

Officers of tribal and forest department

Local academicians/ scholars/ historians having done work on concerned PVTG

PRI leaders from the region

Local political leaders

Activists/ activist forum working on PVTG issues

Leaders/ members of any other PVTG people’s forum

2.5. Data Collection Tools

Primery Sources: The key data collection tools include FGDs with different generations,

unstructured interviews with multiple stakeholders, In-dept interviews, participant

observation, Focus Group Discusson and Observation Method. GPS and GIS analysis have

been used to understand the geographical landscapes, density and quality of forests, key

natural landmarks etc. Data were cross-checked the process was based on information from at

least three sources.

Secondary sources: Census Report, State Library & Archives, Anganwadi Center, DSO,

Survey of India and other Govt. Office.

PTG-UNDP Habitat study

12 Vasundhara

CHAPTER- 3- Habitat Rights Determination & Recognition: Field Study

Findings


13 Vasundhara

3.1. Baiga:

3.1.1. Baigas of Chhattisgarh and Madhya Pradesh: An Introduction

Baiga are a small numbered tribe living in the Maikal range of hills covering several districts

of Madhya Pradesh and Chhattisgarh up-stream of Narmada. The following map shows the

Baiga concentrated districts under Madhya Pradesh and Chhattisgarh:

Figure.3.1. Baiga Concentrated Districts in Madhya Pradesh and Chhattisgarh

While this area is also inhabited by other tribes and castes like Gonds, Agaria and Pardhan

and schedule castes like Ahir (milkmen) and Panka, Baigas are considered as autochthons

(original natives) of the area (Sarangapani, 2003). Several authors including Verrier Elwin

(1939, 1943), Russel and Hiralal (1919), Philip McEldowney (1980), Gadgil and Guha (1993,

1995) have made important contributions to building up repository of knowledge on Baigas.

The earliest anthropological account was made in Tribes and Castes of India (Russel and

Hiralal, 1916/1975) while a detailed anthropological account of social, political, economic,

cultural, spiritual and religious dimensions of Baigas was made by Dr. Verrier Elwin

(1938/1986). Since these earlier accounts, more than 70 years have passed and the situation

of Baigas has changed through complex acculturation.


14 Vasundhara

Origin of Baigas:

The story of Nanga Baiga and Nanga Baigin as the first ancestors of Baigas with Mahadeo/

Thakurdeo as their God is well documented in early anthropological work on Baigas (Russel

and Hiralal, 1919; Elwin, 1939/43) and later studies have also confirmed this. The recent

field visit also found this story behind their creation quite alive in the minds of adult Baigas

especially the middle-aged and elder ones.

Russel and Hiralal have recorded a myth to show the status and identity of Baigas in the

middle ages. This is mentioned below (cited in Prasad, 1998)

In the beginning they say, God created Nanga Baiga and Nanga Baigin, first of the human

race, and asked them by what calling they would choose to live. They at once said they could

make their living in the jungle, and permission being accorded, have done so ever since. They

had two sons, one of who remained a Baiga and the other became a Gond and a tiller of the

soil. The sons married their own two sisters….and while the elder couple are the ancestors of

the Baigas, from the younger are descended the Gonds and all the remainder of the human

race. In another version of the story, the first Baiga cut down two thousand old sal trees in

one day, and God told him to sprinkle a few grains of kutki on the ashes, and then retire and

sleep for some months, when on his return he would be able to harvest a rich harvest for their

children.

And Prasad further shows as to how such a narrative made Baigas socially superior than other

and they in fact looked down upon Gonds and others but with their alienation from forest

where the British followed an aggressive timber oriented management, marginalisation and

decline of Baigas was ensured.

In 1881, the total number of Baiga households was around 30000 with a population of 1.86

lakh. They were spread over a dense forest area of 30,000 square kilometres covering the

present districts of Mandla, Dhindori, Sahdol, Anuppur and Umaria of Madhya Pradesh and

Kwardha and Bilaspur districts of Chhattisgarh (Gangwar and Bose, 2013). It is estimated

that Baigas have been living in these lands for more than 20000 years and are considered to

be the first settlers of the region. They used to move around in groups in the forests with short

transit stay for around three to four years and roughly around 1500 such groups used to move

in the entire region. This left roughly an area of one square kilometre for each Baiga

household (Gangwar and Bose, 2013).


15 Vasundhara

Forest Alienation of Baigas3: A brief historical transect

Baigas (along with Agarias who were proficient in iron-works) are considered to be the

earliest settlers of the Son valley and other tribal groups like Gonds, who came later, subdued

them (Baker1991). These tribal entities formed ‘elementary states’ to protect themselves from

Aryan invasion (Baker, 1991). The decline of tribal dominance began with the invasion of

Mughals in 15th

century which opened the central provinces to infiltration of outsiders getting

settled there. These areas were subsequently taken over by Marathas in 1780s who gave away

these areas to agencies of the British Government in India during 1818-20. With the British

coming in, the process of formalisation of land ownership through settlement was intensified

and the area was declared as Central Provinces in the year 1861 as a new administrative unit.

By 1911, the Baigas numbered around 22% of the total population of 16 million in the

Central Provinces and Berar (Census of 1921, vol. X, CP and Berar, part I, Report, p. 148

cited in Baker, 1991).

The Baigas were essentially hunter gatherers who subsequently took up shifting cultivation

locally referred to as bewar. Their belief about earth as mother whose breast would be

lacerated if plough is used and use of manure would poison the earth provided the foundation

for the ancestral bewar cultivation practice (Arjjumend and Barrera, 2006). The British

forced the Baigas to abandon Bewar to a large extent and take up sedentary agriculture

(Rangarajan, 1996). A study in Baiga Chak area4 has captured the frustration and anger of

older Baigas towards the British who forced them to give up Bewar which used to supply

them with 12-14 food crops, 18 types of vegetables, 21 types of leafy crops and more than 20

types of grasses for themselves and their livestock (Gangwar and Bose, 2013). The final

assault on tribal systems and their ways of life began with a decision by the government of

north-west province to provide ‘proprietary rights’ over lands of malguzars and revenue

payers in 1854 which was finally implemented in 1861. This settlement continued until 1890s

and many officers did not consider recognising the tribals considering them as wanderers and

they had difficult time finding malguzars in the difficult and forested terrain. Authors have

observed that ‘imposition of an alien economic and social system on the tribal community

was an important element in its decline’ (Baker, 1991).

3 More detail analysis of several deprivation issues with regard to FRA implemantion, land alienation and other

were captured during field work and have been provided in Annexure-5 4 Description about Baiga Chak area has been given in the following section.


16 Vasundhara

The loss of tribal lands to non-tribals started during distress period of famine during 1890 –

1901. However the famine was only officially recognised in 1897, and by 1940s, most of the

tribal malguzars had lost land to non-tribals. The condition of Baigas who were being

continuously hounded by the British for their bewar practice and had little or no permanent

land during those days is not difficult to imagine. In nutshell, the process of permanent

settlement initiated by the British in the Central Provinces and elsewhere affected

communities like Baigas the most5.

The practice of bewar came to a complete halt by early 1970s owing to intense pressure of

the government and criminalisation of the activity by the forest department leading to arrests

and imposition of cases against the Baigas. Lamtu Singh of Bhorsipakhri (Bodla block)

describes their community as insects that carry their home over their body who were involved

in Bewar cultivation. There was no plough involved and their only equipment included

hansua, tangia and khanta6. In bewar, they used to cultivate 17 types of crops and everybody

used to get three plots over a period of 9 years rotation. He recollects that people got pital

pattas7 over such lands by the then Zamindar which were taken back by the government

when bewar was completely stopped by the FD during the 60s-70s (Field survey, 2014).With

near closure of bewar operations, a lot of Baigas became labourers as they were less

amenable to sedentary agriculture (Gangwar and Bose, 2013). This forced their migration to

other places where they opted for labour work and going to states like Maharastra for bamboo

cutting or taking up construction work, rickshaw pulling and cable trench-cutting

(Deshingkar et al., 2008).

The Story of Baiga Chak: A ‘Created’ Habitat:

Mandla district (undivided) was the core area of Baigas where the British adopted a different

approach towards them as they also respected them in comparison to others considering their

mild behaviour. In 1868, the British closed all forest reserves from doing bewar considering

it as destructive. The settlement of 1860s forcing the Baigas and other tribes to malguzari

areas had a telling effect on their life and livelihoods and this virtually excluded them from

the forest which used to be the mainstay of their economy (Baker, 1991). From 1890 onward

5A more detailed illustration of tribal decline with special focus on Baigas can be found in David Baker’s article

titled ‘State policy, the market economy, and tribal decline: The Central Provinces, 1861-1920’ which

bases its analysis on a review of substantial historical material available on the subject. 6 Hansua means sickle; tangia means axe and khanta means a short iron rod with one end being sharp and

pointed and is used to dig holes in the ground for sowing seeds. 7 Land record made in brass


17 Vasundhara

the British specifically geared their energies in settling down the Baigas and stop their Bewar

completely. Realising that this cannot be stopped fully faced with reluctance and resistance

by Baigas, they decided to allocate a forested region within the then Dhindori tehsil under the

undivided Mandla district in 1890 as a reservation (called Baiga Chak) where they were

allowed to practice their ancestral bewar cultivation and hunting covering an area of 36

square miles in the heart of Maikal range and where they had to pay tax per axe. The idea was

to continue pursuing them to follow permanent agriculture (Mandla Gazetteer, 1912). The

chak had five villages and nine clusters under th e jurisdiction of District Collectors and the

Tehsildar (Mandla District Record, 1937 cited in Prasad, 1998). The condition of Baigas

within the chak was precarious as the bewar lands were insufficient and later in 1895 the

British allowed the Gonds to settle in the Chak area realising that Baigas were not inclined to

enter the chak. This accentuated the process of acculturation. Rather a large section of

Baigas migrated to Pandaria Zaminadari where there was negligible restriction on bewar

cultivation. This area now forms part of the Kwardha district of Chhattisgarh. Interestingly all

Baiga settlements within Baiga chak region continue to have the status of Forest Villages

(VAN GRAM), though they have started receiving developmental benefits from 1991-92.

Current FRA progress in these regions is not noteworthy. The idea of reservation also

emanated from the mobile lifestyle of Baigas that was founded on their practice of bewar

which was visualised by British as an obstacle in fulfilling their colonial motives in the

forested regions (Prasad, 1998).

3.1.2. Socio-economic Status and Development

In present times, Baigas have mostly opted for settled cultivation with very little bewar

operations remaining. With Bewar practice coming to a complete halt, Baigas were forced to

look for and develop lands for settled cultivation. However communities like Gonds and

Pankas being more forward looking were able to occupy most of the good land and Baigas

could only have the poor quality lands or even no land.

It was observed during field visit and in discussion with NGO persons working in the region,

that Baigas are a shy community and not really driven by the desire to own and control any

type of property including land. This has led them not to hold on to lots of lands developed

by them which were subsequently taken over by other communities, including through

claiming them under FRA with little or no opposition from the Baigas who are extremely

peace loving, live in their own cosmos and normally avoid any conflicts or quickly retire


18 Vasundhara

from a scene of confrontation. They are particularly afraid of and under the influence of

revenue and forest staff and keep hoping that someday they would get a title over their land

or will not be evicted from their lands (Arjjumend and Barrera, 2006).

Studies have indicated the Baigas do not normally envisage a future of having lots of

properties or land to secure their coming generations and it is only now that there is some

consciousness about owning land as a necessary way of survival (Arjjumend and Barrera,

2006).

Based on the realisation that particularly vulnerable tribal groups (earlier referred to as

Primitive Tribal Groups) or PVTGs would require differential and need based developmental

intervention, special development agencies were set up in different states. For Baigas, the

Baiga Vikash Abhikaran (Baiga Development Agency) was first set up in 1978 in Dhindori

(undivided Mandla District) in Madhya Pradesh which initially covered on 8 forest villages

under the Baiga Chak area. However considering that a huge number of Baiga population

was left out, it was decided to extend the coverage area to 44 villages in 1980 and another

extension took place in 1986 to cover 1215 villages in the ITD areas of Mandla, Bilaspur,

Rajnandgaon, Shahdol and Balaghat of undivided MP.

In 1992-93, the Tribal Research Institute of Madhya Pradesh (undivided) carried out a special

survey on Baigas which showed their population count as 134357 spread over 1215 villages

of Mandla, Shahdol, Balaghat, Bilaspur and Rajnandgaon (Patel, 1999 cited in Gautam,

2011).

The State of Chhattisgarh was carved out of MP in the year 2000. The Tribal Research

Institute of Chhattisgarh conducted a baseline survey of PVTGs in the year 2005-06 and

based on the survey results, it was decided to reorganise and extend the jurisdiction of the

special development agency. Both the states combined, following is the information about

jurisdiction of Baiga development agencies.


19 Vasundhara

Table.3.1.1. Jurisdiction of Baiga Development Agency

State BDA HQ District Name of

Blocks

No. of

Villages

Baiga

Population

Madhya Pradesh Dhindori Dhindori Dhindori 34 3269

Shahpura 19 1963

Mehandwani 37 2734

Amarpur 38 2220

Samnapur 28 4259

Karanjia 23 3428

Bajag 23 5570

Mandla Mandla Nainpur 5 NA

Bichhia 58 NA

Mowai 33 NA

Chugri 38 NA

Mohgaon 35 NA

Mandla 15 NA

Chhattisgarh Kabirdham Kabirdham Pandaria 66 NA

Bodla 163 36123

Bilaspur Bilaspur Goirella 15 NA

Kota 11 9691


20 Vasundhara

Korea

(Prakost8)

Korea Manendragarh 21 NA

Khadgawan 22 NA

Bharatpur 84 16811

Rajnandgaon

(Prakost)

Rajnandgaon Chhuikhadan 35 3495

Mungeli Mungeli Lormi 40 5742

Grand Total 843 95305

Source: Tribal Research Institute, Chhattisgarh

3.1.3. Status of FRA in Baiga dominated area (Sample districts)

Even after 2012 amendment in FRA rules, the FRCs continue to be formed at the level of GP

where each panchayat comprises of several villages. This has been found in earlier studies on

FRA conducted in the state (SC/ST RTI, 2012).9 The situation is same in the Baiga

dominated areas. It was commonly observed that in the Baiga dominated areas in Kawardha

district, most of the Sarpanches and all GP secretaries belong to other communities. Big

panchayats spread over a large geographical area with domination of non-Baiga communities

in office bearer position has further constrained accommodation of the interest of Baigas. E.g.

Bokharkhar panchayat (Bodla block in Kawardha) has 14 villages and has a FRC constituted

at the level of Gram Panchayat by drawing representatives from the villages spread over huge

area. Inspite of being Baiga dominated (more than 80%), the Sarpanch is from a different

community. Baiga communities from the locality allege that the FRC and Panchayat affairs

are being dominated by other communities and their views were never taken into account

during field verification or any other panchayat related processes. In some pockets, it is

alleged that Baigas have been instigated to cut down forest by people from other

community’s post 2005 in the hope of getting recognition over these lands. There is complete

lack of awareness about CFR rights as provisioned under FRA in the Baiga dominated

regions, not to speak about habitat rights.

8 Prakost in Hindi can be referred to a section as these areas have been newly created based on the TRI survey

in 2005-06 and given target area is very small, a full-fledged agency has not been set up. 9 Draft report on Status of FRA implementation in the States of Andhra Pradesh, Chhattisgarh and Odisha’

conducted by Tribal Research Institute of Odisha in the year 2012.


21 Vasundhara

Table.3.1.2. Status of IFR recognition of Baiga HH in Kwardha district, CG (as in

January, 2014)

S.

N.

Name

of the

Block

s

Cas

te

Recognised Area (in Hectare)

No

. of

titl

es

RF PF P Masah

ati

Reven

ou

Unkno

wn

Total Avg.

land/ti

tle

holder

1 Panda

ria

Bai

ga

60

9

441.9

97

151.3

08

48.0

52

194.4

74

NA 31.966 867.7

97

1.42

2 Bodla Bai

ga

91

1

314.2

764

168.4

61

NA NA 369.6

78

NA 852.4

154

0.93

Grand total 15

20

756.2

734

319.7

69

48.0

52

194.4 369.6

78

31.966 1720.

212

1.13

Source: Baiga Vikash Abhikharan, Office of the Assistant Commissioner, Collectorate, Kwardha

From the above table, it can be observed that even for individual rights, the average land

recognised is only between 1 to 1.5 hectares per title holder. Field study suggests that this

may be far less than the land under their occupation. Given Kwardha’s Baiga population of

around 36000, and assuming around 700010

Baiga families who could be potential right

holders, only one-fifth have been covered so far. Considering six years have passed since

implementation of the law, progress on this front is highly dismal. Except for one in

Pandariya block, there is no known instance of filing of CFR claims, nor do the government

records indicate anything about it. Clearly the local administration was also found to be

clueless about CFR rights, not to speak about habitat rights. Some of the issues related to

FRA implementation in Baiga areas and their land alienation have been exemplified through

several case studies in the subsequent section of this report.

3.1.4. Basis of determination of habitat Rights

Based on recently concluded field study and partial review of literature, certain areas have

been identified which can form the basis for determining the extent of the Baigas habitat and

10

It is assumed that each family would have five members on average.


22 Vasundhara

the bundle of rights that should accompany recognition. The mechanisms for protection and

the resources over which Baigas would have the ‘first charge’ to use, conserve and decide

about its governance and management can also specified. These are briefly discussed below:

i. Clan identity:

Baigas are divided into different clans which they would locally refer to as jaat (Reddy and

Modell, 1997) or goti (Elwin, 1938) in sanskritised language called gotra. The educated

Baigas would understand the term gotra but they now mostly use the term ‘jaat’ to refer to

their clans. These clan identities are place based and non-totemic. Every Baiga jaat claim

their origin from a particular place which they would refer in their local language as garh-

bhidi or garh where their original Gods and Godesses are believed to live and when a lot of

them dispersed far off form their original villages, they have established those Gods and

Godesses in their new villages. These garhs are located deep inside the forest. These garhs

are believed to serve the tradition of protecting the identity of Baigas and conserving and

protecting biodiversity. The key Gods worshipped in these garhs include Bhawani Mata,

Dharti Mata, Panghat Paniharin, Junhadewar, Junhadewarin, Patta Devi, Lapta Muda,

Budhi Mai etc. and places of medicinal plants and religious importance like Sheetalpani,

Kasaikund etc. The worship normally takes place in Baishak (month of May) on Mondays,

Wednesdays and Fridays. The Baigas who have now settled far off form their garh, do the

worship on an interval of three year in the same manner in which worship is being held in the

original garh. In addition to this Baigas have community worship and certain religious sites.

Some of the key ones include Thakur Deo, Khila Muthwa, Maharani, Badadeo, Mabar

Sigadia (near Fatari), Deogna (in Samnapur), etc. As with garh worship, all villagers come

together to worship these Gods lead by their chief priest.

After a family member dies, some of his/her remains after their funeral are being taken to the

garh with a belief to consummate its meeting with the Atma (soul). They also put a flag for

recognition and establish the soul of dead with the ancestors. It is normally believed that if

this ritual is not followed the soul would wander around and harass everybody.

Based on field work and review of secondary literature, an illustration of such clan related

garhs is given in the following section.

Rathuria: This is one of their clans who refer to their garh as a place called Dudhi

which lies on the shores of Narmada River in Anuppur district where people of this


23 Vasundhara

particular clan go for worship at an interval of 8-10 years. It is suggested that Baigas

are divided into 52 clans and Rathurias are considered as the highest in terms of their

hierarchy and numbers. The Rathuria people consider lion (sher) and jaddu snake as

their Gods and worship them at an interval of 3 to 5 years.

Nigunia: Their garh is a place called Nigungarh which is in the Chatia-Khajri jungle

in Dhindori district. It is suggested that the place has ancient statues of Gods and

Godesses and there is a big tila (hillock). The worship procedure is the same as that of

the Rathurias.

Kewatia: They claim to have originated from Kewti Garh which is inside the jungle

near Kewti village of Dhindori district and have similar ancient statues. Baigas of this

clan consider crow and medhili snake as their God and worship them.

Pachgaiya: Their garh is called Pachgaon which is in the Bijauri forests under

Amarpur block of Dindhori district. The Bijauri forest is in the fringes of Bijauri

village which has an ancient math and a hillock.

Nandia: their garh is in the Nanda jungle under Amarpur and have similar features as

above.

Samardaihya: Their place of origin is called Samardha Garh which is near a small

stream called Beej-Bhajri inside the jungle on the fringes of Samardha village under

Samnapur block of Mandla district and have similar features as mentioned above.

Lathudiya: Their garh is a place called Lathogarh which is situated in the Churia

Salwaha forest under Ghugri block of Mandla district. This place has a math and a

very old plant of chilli which bears fruit every year. The place has other similar garh

features and the worship procedure is also the same as followed by other Baiga clans.

Ghatia: They believe to have originated from Maru Garh which lies inside the

Singhanpuri jungle under Mandla district which has similar features such as presence

of ancient statues of deities and hillocks.

It can be observed from the above illustration that every Baiga clan has a garh and as it

appeared from the field work that almost all of them can be found in the undivided Mandla

district which happens to be their original abode. Substantiation of this can be found in

historical documents. This area lying in the state of Madhya Pradesh is now divided into the

districts of Dhindori, Shahdol, Anooppur, Umariya and Mandla. From here the Baigas have

spread to the present Chhatisgarh districts of Kawardha, Bilaspur, Korea and Rajnandgaon

with their most prominent presence in Kawardha district. The Baigas who have traversed


24 Vasundhara

several hill ranges and now are settled far from their place of origin (garh) have created

places for their Gods and deities in their present settlements. However, the Baiga clans settled

closer to their garh do make it a point to visit their garh for worshipping their Gods.

Interestingly, the garhs have a few things in common including the presence of ancient

statutes of Gods and Goddesses and hillocks locally known as Tila.

Based on primary research and literature review, the study has so far been able to identify

around 38 clans with their respective garhs. However, field observations suggest that this list

may not be complete or conclusive. Another secondary list put the clan number at 180.

Verrier Elwin based on his extensive work had identified tehsil-wise garhs but was

inconclusive as to whether the list was complete as also suggested by the short field study. It

will require thorough enumeration of all villages where Baigas are present to list their clan

related garhs. On the basis of this, a detailed map can be drawn showing the expanse of baiga

settlements in relation to their place of origin. This would indeed be a long-drawn and

sensitive exercise which may not be possible to be carried out within the structure of

government unless some specialized agency is engaged and proper resources are allocated.

Western countries have adopted arial photography and surveys for identifying such habitats

for wild-life, if not of humans.

ii. Geographical characteristics:

The Mandla Gazetter of 1912 notes that the ‘principal habitat’of Baigas ‘lies in the recesses

of Maikal hills’11

. The range of hills known as Maikal lies at the junction of Satpura and

Vindhya hills and represent a distinct and expansive territory of Baigas. As an elder Baiga

person said during one consultation with traditional Baiga leaders, ‘Saheb hum to maikal

pahad se bandhe hue hain’ (Sir, we are tied to the Maikal hills). An author refers to this

geographical spread as ‘baigadesh or baiga-country’ (Gautam, 2011). The District Gazeteer

of Shahdol (1994) provides a detailed account of Maikal:

The Maikal Range is the cross versed range of the Satpur Mountain on its eastern extremity.

Whereas the multitude of Satpura range from the west coast to Mandla district extend in west

to east direction, the Maikal range extends from south-west to north-east in Rajnandgaon and

Bilaspur districts, The range of hills thus form the boarder of Satpura plateau. It sharply

scarps east on a lower plateau……… The secondary range of the Maikal bifurcates to the

west (rather West-North-West) from Parkighat. It runs nearly parallel to the main range and

11

Mandla Gazeteer, 1912, pg. 41


25 Vasundhara

forms the Great Central Parting line of India. It separates the waters of narmada in the south

from that of the Johila in the north. It is a narrow and disconnected chain in the east Ajania

(917 meters) in Mandla and Aganhuri (842 metres) are the prominent peaks.

It should be noted in this context that migration of Baigas from Mandla has happened along

this hill range and not beyond and all of their garhs are located on Maikal hill range, many of

which are deep inside the forest with some of the sites possibly uninhabited at present, but

Baigas connect to their garh culturally, religiously and emotionally. Though today’s

generation having never seen their place of origin continue to nurture it in their memory, this

is fading from the memory of current youths due to intense exposure and government focus

to ‘develop’ them. The Baigas have developed two broad identities based on their spatial

location along the Maikal range. They divide the range into two territories: bandhan and

khaloti where bandhan refers to uphills and mountain tops (also locally called dadar and

many hill-top villages have the word as a suffix to the village name) and khaloti refers to the

lower hills and the plains. Thus the Baigas living in the upper hills would be referred to as

‘bandhan ke baiga’ and those in the lower hills and plains would be referred to as ‘khaloti ke

baiga’. However no discrimination in terms of status or hierarchy is assigned to this

distinction. Thus Baigas appear to connect to and identify themselves with bandhan and

khaloti combined as their territory. The term khaloti and dadar that defines particular type of

geography can also be found in historical account12

iii. Basis of settlement:

An elderly Baiga of Bahapani village when asked about the basis of their settlement

suggested that ‘jungle ke jagah chahi; pani ke jagah chahi’ (the land must have jungle and

water for them to settle). In addition to Bewar practice, the Baigas have been highly skilled

hunter-gathers with deep knowledge about forest, different species, tubers, medicinal plants

etc. and have mastered certain skills like bamboo weaving and and are known for their

mastery of preparing traditional medicines from herbs and plants. In the Baiga villages, one

can observe that they would still prefer to drink water from jharia or natural stream and have

also selected their settlement based on the presence of such streams, availability of bamboo

forest etc.

12

Please refer to Mandla District Gazetteer, 1912 (reprint, 1995), pg.1 and 30 for more details.


26 Vasundhara

iv. Social Relations:

Baigas are exogamous communities and would enter into marriage relations with other clans

from other areas. When asked about the extent of area, they would suggest that beti-behni

(marriage relations) from particular settlement extend to a vast area where they have married

their daughters or have wives from. This is also linked to their seasonal and regular livelihood

access areas which are sometimes extremely far off. Understanding the social relations in a

particular settlement also provide leads to understanding the micro-cosmos of a particular

community within their larger habitat determined by their clan relations.

The Baigas also have their traditional leaders. Every Baiga settlement/ village would have a

social head who is called by different names like Mukaddam, Samrat or Dewan who provide

leadership to all social events, resolving social issues and other social negotiations. They are

also assisted by Sian (elderly) of their village. They also have jati Samaj covering several

villages who sit to discuss and resolve social issues which include disputes, matters related to

elopement, organizing any social ceremony etc. However several Baiga leaders lament that

these traditional institutions and social leaders have lost importance and prestige due to

imposition of government panchayat system in their areas which is often controlled and

dominated by people of other communities. It was observed that Gonds have had a particular

dislike for Baigas and it is alleged that they marginalize them in panchayat proceedings.

However these institutions continue to play an important role in their traditional and social

affairs.

v. Cultural Aspects:

There is a Baiga specific mela called Madai which is held in different places across the Baiga

territory where they go and many perform the madai nach (Madai dance). The venue of this

fair also happens to be their local market places where most of the commodities were earlier

bartered including trading of different types of ornaments which Baiga men and women wear.

These fairs also used to be a place where youth would choose their life-partners and a boy

would elope with a girl and bring her to his house after which the marriage would be socially

solemnized. Discussions in the field indicate a fast disappearance of this tradition. With

increasing influence of administrative machinery amidst a disintegrating traditional

institution, this concept of elopement is now considered as a criminal breach of law and

people from other communities many a times instigate the girl’s family to file a police

complaint so that they can extract money from the boy’s family. With growing exposure to


27 Vasundhara

mainstream media, television etc. such kinds of practices appear to be ‘unsocial’ and have

become a matter of ridicule. One such Madai melawas visited and it was interesting to note

that unlike other tribal haat cum fairs, there wasn’t a drinking zone, though Baigas as

drunkards apathetic to their development issues has assumed a mainstream narrative. On

enquiry, it was suggested that one would not find Baiga people openly resorting to drinking

and that they do so within their own community and would follow certain rules for serving

the drink. However as an elder Baiga leader suggested, this aspect has been wrongly used and

made this cultural association with Mahua liquor, a major weakness for them. The Madai

mela locations are spread across the Maikal range.

Their culture is also distinct and separate from other tribes in the area e.g. Baiga dance and

pride in expressing this superiority of theirs (Sarangpani, 2003). The liquor made from

Mahua is considered sacred by them and used on all social occasions of celebrations or

observing grief (Sarangpani, 2003). Recent field visits to Baiga areas reflected the practice of

responsible drinking and no liquor is freely available even in their traditional Madai fair

unlike other tribal haats and fairs where liquor is sold openly. It was suggested that Baiga

people would privately consume Mahua liquor at home and then come to the fair and one

cannot find Baiga people resorting to drinking in open places. Drinking is done by both men

and women who would remember their original ancestors by sprinkling few drops of liquor

on the earth before starting their drink (Sarangpani, 2003). People from other communities

and local workers from the government and non-government sectors readily accepts that

these people are extremely simple and are easily exploited and fooled by others.

vi. Traditional Medicinal and Ecological Knowledge

Baigas also appear to be a rich repository of expansive traditional medicinal and ecological

knowledge. Though fast disappearing amongst youth, Baiga elders have good knowledge

about their area, ecology and sources of medicinal plants e.g. they cited one Rengakhar (near

Mowai) and Maharshi as places which have a wide variety of wildlife and medicinal plants. It

wasn’t possible, considering the short span of time, to capture this remarkable trait of Baigas

which had made them the most superior tribe of the region in the past. However it is amply

evident that such knowledge is missing amongst youth with growing dependence on external

medicine, with little effort for preservation and recognition of such knowledge, something

which could have made the Baigas proud enough to preserve it. It is however important that

such ecological sites contained in their knowledge are duly protected and their rights over

such forms of knowledge are duly recognised. Literature also reveals the wide expanse of


28 Vasundhara

Baiga’s traditional ecological knowledge (Gangwar and Bose, 2013) which also reflects their

strong association with their geography which deeply embedded in their culture. Baiga

dominated settlements are also referred to as epistemic communities (Holzner, 1968 cited in

Sarangpani, 2003) as a hub for ‘application and transmission of medicinal’ knowledge which

is fairly well distributed and shared amongst adults and elders (Sarangpani, 2003). A study

exploring traditional medicinal knowledge identified at least 48 species that can cure 30

ailments although such knowledge is gradually receding amongst the younger generation

(Tiwari et al., 2012; Bhat and Tiwari, 2011).The number of Baiga vaidyas (traditional

healers) and priests to Gonds have gone down considerably over time. Several authors have

noted that such indigenous knowledge can provide a solid foundation for socially and

ecologically sound development models (Posey, 1985; Quiroz, 1996) while such knowledge

has been ignored by the forest department in states like Chhattisgarh in conservation

planning. There is an acute need to recognise and protect such forms of knowledge which is

disappearing due to negligence. It can provide a knowledge base for future planning of forest

and other natural resources. This can be done with effective coordination between state and

non-state agencies ideally involving the Forest department and academicians like,

Anthropologists, Botanists, Geographers and N.G.O's (Bhat and Tiwari, 2011). The task of

facilitating a claim for the Baigas habitat rights should essentially lie in the hands of a

sensitive multi-disciplinary team having the acumen and the attitude to engage with the Baiga

community in a respectful manner so that they conveniently voice their opinion and

perception without any fear as they often do in front of outsiders.

vii. Baiga Song and Dance

Elwin’s and other’s work have partly captured the rich traditions of baiga dance and location

which speaks volumes about their area, nature, and social traditions and culture that are

deeply embedded in their environment. With gradual marginalisation of Baigas, their ways of

livelihoods and traditions have either been hounded or have been subjected to social ridicule.

There is a need for a mechanism for recognition which could help Baigas to revive their

declining traditions and practices while not cutting them off from the mainstream but

facilitating their integration on their own terms.

viii. Concentration of Population:

The census data indicates areas of their geographical concentration which also provides a

definitive idea about the geographical extent of their habitat.


29 Vasundhara

3.2. Dongaria Kondha:

3.2.1. The Dongria Kondh in Niyamgiri: An Introduction

In terms of developmental interventions Dongria Kondh was rendered a special status during

1978-80 (6th

five year plan) as Primitive Tribal Group (PTG) who recently renamed as

Particularly Venerable Tribal Group (PVTG). Earlier they figured as a sub group of the

‘Khond’, a Schedule Tribe which is the largest among the 62 tribes in Odisha13

. According to

Macpherson (1852) the name Khond is derived from the Telegu word ‘Konda’ (a hill). In a

note on the Kui, Kandhi or Khond language, G.A. Grieson mentions that ‘the Kandhs or the

Khonds are a Dravidian tribe in the hills of Odisha and neighbouring districts14

. The Kondhs

believe themselves as the original inhabitants of Odisha. According to them,"this is our soil,

the earth is our mother and we always appease her by regularly worshipping her because she

provides us food”. There is such wide diversity in the community in terms of rites, social

customs, economics and even language (Schulze 191 1 Winfield 1929: VII-X)1516

that any

single name to encompass this complexity would seem inappropriate. They are distributed in

the state of Bihar, West Bengal & Jharkhand as Scheduled tribe. In Odisha there are as many

as 17 sub-group of ‘Kondh’ identified as Kond, Kandha, Nanguli Kandha, Sitha Kandha,

Kondh, Kui, Buda Kondh, Bura Kandha, Desia Kandha, Dongria Kondh, Kutia Kandha,

Kandha Gauda, Muli Kondh, Malua Kondh, Pengo Kandha, Raja Kondh, Raj Khond.

The Dongria are found in the Niyamgiri hill ranges of the Eastern Ghats and particularly in

the Rayagada and Koraput districts. Their major concentration is found in Kalyansinghpur,

Bissamcuttack, Muniguda and lanjigarh Block. They are called Dongria or dweller

of donger17

. The Dongria are considered as the protectors of streams, hills and forest by the

people of the nearby plains.

The Odisha district Gazetteer, Koraput (1966:83) says that Dongria Kondh and Bonda are the

only tribes who live on hill slopes, abandon their settlements in search of new area, but locate

their new settlements not beyond their areas of habitat. The Dongria Khond strongly believes

that they are the descendants of Niyamraja, the legendary king of Niyamgiri hills. They

worship Niyamraja in the form of their deity. The major tract of Dongria habitat comes under

13

Dongria Kandh (2008) Photo handbook, SCSTRI Bhubaneswar. 14

Mac-pherson, S., (1952). ‘An account of the religion of the Khonds of Orissa’. Journal of Royal Asiatic society, xiii:216-274. 15

Schulze, F V P (191 1): Kuvi Gramuner, Madras 16

Winfield, W W ( 1929): A Vocabulary o f the Kuie Language ,Asiatic Society of Bengal,C alcutta 17

Hills of niyamgiri is locally known as donger


30 Vasundhara

Rayagada forest division. The Dongrias populate the forest tracts of Muniguda, Rayagada,

Bissamcuttack and Lanjigarh range and their demographic concentration is spread over four

blocks under two districts Kalahandi & Raigada, displayed in figure.3.2.1

Figure.3.2. Concentration of Dongaria Kondhas in Odisha.

Note: There are other inhabited villages including forest villages and hamlets which are not mentioned in the

list due to unavailability of data. It is important to mention here that the DKDA does not cover all the Dongria

Kandha Villages.

3.2.2. Socio-economic Status and development

The Dongria Kondh attach social-cultural significance to the Niyamgiri hill ranges and

perceive the entire geographical area as a living entity. This hill range provides shelter to

their physical and metaphysical entities like their kin, bovines, plants, wild animals, and

deities, ancestral spirits, and other kinds of spirits respectively. The hill top is referred to as

‘penu eja’ literally means, God’s abode. The hill top is referred to as ‘penu eja’ literally


31 Vasundhara

means, God’s abode. The hill slopes are used for slash-and-burn cultivation locally known as

donger or ‘neta’ by the Dongria18

. Their dependence on forest is expressed in several

religious ceremonies and socio-cultural activities. Thus, forest-swidden-plain environment is

inseparable from their traditional patterns of livelihood in which religion and economic

survival are woven around. The perception about forests being sacred has led Dongrias the

indigenous modus-operandi to promote conservation of natural resources in their habitationl

area. They call their indigenous resource management system as pracheli or parcheli . They

consider the maintenance of kaman type of forest, comprising tall mature trees to be of prime

importance for effective management (Kaman pracheli). (Jena et.al, 2002)

They collect various types of forest products and transact them in exchange mode and

monetary mode in nearby weekly haats/ market to meet their exigencies. Around 40 to 50

percent of their annual income is derived from selling of forest products like Siali leaves,

Myrobalans, Amla etc (Pathy 1976 and Jena, et.al, 2002). They grow fruit crops like

pineapple. Apart from the forest coolection, the Dongria economy revolves around shifting

cultivation and horticulture. The Dongrias consider that their right to cultivate hill slopes has

been conferred upon them by Niyam Raja and unless the hills are tilled, one can hardly call

them a Dongria. The right over swidden can never be confiscated or changed since each

dongar (hill) plot is haunted by an ancestoral spirit who helps in bumper growth of crops19

.

They grow about twenty eight varieties of crops like ragi, small millets, oil seeds and others.

Vegetables are also grown in the podu patches. Shifting cultivation is given highest priority

with horticulture coming second and plain land agriculture third in their resource ranking.

Apart from this, the Dongrias engage themselves in fishing (minka beta). Fishing is carried

out in hill streams which abound the Niyamgiri hill ranges.

Demographic composition under the micro project area: The census for 2010(DKDA)

reveals that the total Dongaria population is 11508 with 4844 males and 6664 females. The

Dongria have a favorable sex ratio with 1376 female per 1000 male against the state and

national average of 979 and 933 respectively. This demographic composition indicates that

Dogaria women enjoy considerable freedom and autonomy and thus assume relatively higher

position in society.

18

Jena, M. et.al., (2002.) Forest Tribes of Orissa Vol.1 The Donria Kondh, D.K printworld ltd. 19

For more details refer (Daspatnaik, op.cit.).


32 Vasundhara

Table.3.2.1.Demographic profile of Dongria Kondh.

Particular DKDA, Parsali

DKDA,

Chatikona Total

No. of GPs / Block covered

2 G.Ps of K.

Singpur Block 3 Block, 7 G.Ps 3 Block, 9 G.Ps

Geographical Area 50.35 Sq.Km. 167.35 Sq. Km. 217.7 Sq.Km.

Elevation 1000ft to 5000ft 1000 ft to 5000ft 1000 ft to 5000 ft

Total Forest Area 6195 Ac. 27467 Ac. 33662 Ac.

Total Cultivable Land

(private & Govt.) 3927 Ac. 111775 Ac. 115702 Ac.

Total PTG House Holds (as

per 2011 Survey) 631 2106 2737

PTG Population

Male 1105 Male 3739 4844

Female 1479 Female 5185 6664

Total 2584 Total 8924 11508

Source: DKDA, 2010

It is noteworthy here that the DKDA covers only three blocks, nine GPs and one hundred

and four villages while the Dongrias are found beyond this administrative boundary and

their habitat covers a greater area . It was also revealed during a consultation with the

traditional leaders that the Dongria Kondh habitat includes more than 400 villages (including

revenue village, hamlets and forest villages).

The main instrument for achieving the constitutional objectives of welfare and development

of PVTGs are the creation of micro projects first to bring them at par with other tribals and

then to the main stream of the nation within a stipulated period for this there has been a

special fund flow from centre under Article 270 of the constitution. At presently, in Odisha

for the holistic development of all the 13 Particularly Vulnerable Tribal Groups, 17 Micro

Projects are functioning. Of these Micro Projects, 13 are located within the Scheduled Area

and the remaining 4 are located outside the scheduled area. These are loked after by ST

Development Department, Govt of Odisha.


33 Vasundhara

Table.3.2.2. Micro project wise Distribution of the sample PTG

Sl.

No

PTG Micro Project No.

of

GPs

No. of

Villages/

hamlet

Geo.

area

Population Density/

Sq. km

Avg.

HH

size

1 Dogaria

Kondha

DKDA, Kurli 5 62 115 6036 52 4.2

DKDA, Parsali 2 40 50 2567 51 4.2

2 Juang JDA, Gonasika 6 35 641 8281 13 4.8

3.2.3. Status of FRA in Dongaria dominated area (Sample districts)

As per the government records obtained from DKDA, till 31st march 2014, A total of 2121

claims had been received at FRC level out of which 1895(89.34%) titles had been distributed

after approval by the DLC with an average of 2.2 acre of land being recognized per claim as

mentioned in the (Table No.3.2.3.) mentioned below. As per the status available at DKDA

some CFR claims (exact number is not known) were filed but those claims had been later

rejected by the Dongria Khondh community as the Palli Sabhas have resolved that the

Dongria have got rights over entire Niyamgiri hill ranges and not on a few patches.

The Dongaria settlement is contiguous so as their habitat and settling individual and

community rights over smaller patches is against their culture and tradition. Imposition of the

concept of individual rights is a threat to their unity. They apprehend that it will adversely

affect their rights over the resources which they enjoying since centuries. On Individual and

Community Rights a few elderly Dongarias stated that: “they can visit anywhere in the entire

Niyamgiri, they cannot be confined to a particular patch of land forever as they are shifting

cultivators and in shifting cultivation the cycle for reuse the same patch takes atleast five

years.


34 Vasundhara

Table.3.2.3. Status of Individual Claims

Particulars D.K.D.A.,Parsali D.K.D.A.,Chatikona Total

Claim received by FRC 661 1460 2121

Claim approved by FRC 661 1380 2041

Claim rejected by FRC 0 29 29

Claim pending with FRC 0 NA 0

Sent to SDLC 661 1380 2041

Rejected by SDLC 92 0 92

Approved by DLC 569 1380 1949

Certificate of Titles issued 532 1363 1895

Pending for issue 0 17 17

Pending for approval at SDLC

level 37

- 37

Source: DKDA, March 2014.

When asked about FRA during the consultation and FGD it was clearly evident that they are

aware of FRA and its provisions regarding Individual Rights and Community Rights and

ignorant about any provision of Habitat Rights, when asked about the rights settled under

FRA they said “what we will do with this tiny patch of land recognized under FRA as

Individual Rights, we have rights over entire Niyamgiri since several generations. We have

been living in Niyamgiri since centuries; we born and live in here and serve Niyamgiri,

Niyamgiri belongs to us and we belong to Niyamgiri; and if government want to give us

rights then they should give us rights over the entire Niyamgiri.”

3.2.4. Basis of determination of habitat Rights:

During consultation with the Dongria Community and their traditional leaders some of the

parameters had been identified that can help determine the habitat rights. These are discussed

below:

i. Clan Identity

Among the Donarias the clan is called Kuda in local language and each clan has functionaries

called Bisimajhi, Mandal and Jani, One Dongaria clan is different from another with respect


35 Vasundhara

to their clan deity, rites and rituals. These functionaries have specific roles towards their

clan deities. Each clan has its own deity such as Boyer penu of Kadraka clan, Malkamba of

Jakesika, and Nidimuda-tambamuda of Sikaka, etc.

The exact number of clan is not known and it is also not possible to identify their clan

hierarchy. The clans are exogamous units. Their clan social solidatity and cultural collectivity

is symbolized though totemic objects and by a common clan name. The study on Dongira

Kandh clan revealed that each clan has its own territory and members of clan mostly live

together in a definite geographic space. The density of clan members in their villages /

satellite villages and their interacting areana provide indication about their possible habitat

area.

The distribution of land among the Dongria Kandh has been made on the basis of family

members the extent of clan’s territory. Each clan has a definite territory known as Padar (the

total area of land under a clan is known as Padar which is a cluster of Dongria

settlement that includes more than one revenue village, hamlets or forest villages). The

Padar is named after the clan, therefore, when the villagers refer to the land of the village and

most often the village itself, they generally use the clan name with suffix Padar (e.g- Sikaka

(clan) and Sikaka Padar as their clan territory).

There are instances where members other clan are settling in neighboring clan territory and

practicing podu cultivation to what they call it as donger chas. In such cases, the right to

own has never been given to the members not belonging to their territory .And the right to

use hill slopes for danger chas given non clan member is at the mercy of the clan leader - the

padrika. Such use right given to the outsider is temporary. It can be withdrawn at any time as

padrikas opine. However, the expansion of a village in a new site within the clan territory is a

necessary condition for coping mechanism and rescue maintenance to combat demographic

pressure.

Each Padar has a distinct name based on it clan title; such as Jakesika, Sikaka, Wadeka. The

identity and solidarity of the clan members are manifested by paying homage to their distinct

clan deities, however, irrespective of any clan they first worship Niyamraja with much

reverence. The Niyamgiri is represented by a long pointed stone erected in the middle of each

Dongria village. As every Dongria Kandh has a village deity and so also is in each Padar. It

has its own territorial demarcation on every direction locally known as Handi or Sandhi.

Numerical preponderance makes clan powerful. Nayak (1989) it was established that the


36 Vasundhara

Sikaka, Wadaka, Jakesika, Nundruka and Pusika considered themselves as important clans.

However, size of the padars vary on the basis of demographic composition and number of

settlements and the area at its disposal for podu cultivation. The settlement pattern of each

Padar vary, Each Padar covers many villages which may exceed 60. It was found that the

Sikaka padar has the highest number of villages (60) compared to other clan groups.

Although each clan territory is numerically preponderate by the specific clan members, it was

observed that none of the clan territories comprises with the homogeneity in its population

composition. However, as narrated by the Dongria, villages under each padar representing a

particular clan were homogeneous, over the period of time, due to in-migration and out-

migration, due to socio-cultural support extended to the needy affine in one’s own padar /

village, today the villages in particular and the padar in general are clan heterogeneous in

demographic composition. It can be observed that all the padar taken together would

constitute the habitat of the Dongaria Kondha.

ii. Cultural sites & Rituals

The religion of the Dongaria Kondh is characterized by polytheism. There are several gods,

goddesses and spirits who are denominated according to their special imageries and the

phenomena attributed with them. The Dongaria Kondh believes in the existence of supreme

deities with other associated gods and goddess’s shairing the same environment of which the

Dongaria Kondh are a part. The Dongria refered to the supernatural entities as penu

(goddess) like Dharani Penu (earth goddess, Gangi penu (Goddess of water resources) and

considered their abode as sacred.

Belief in ancestral spirit is prevalent among the Dongaria Kondh and believes that they have

been descendants of Niyamraja. It was believed that While He was ruling the entire

Niyamgiri He was having direct communication with sun god Gama penu who was His

mentor. The Dongaria call their ancestral spirit Dumba / Duma, but Niyamraja is never

considered to be a Dumba. Rather he is propitiated as a god20

. The installation sites of these

Gods and deities provide important clues towards determining their cultural rights and

cultural boundaries which is deeply enmeshed with forests. Thus, these spots are inseparable

constituents of rights over resources and habitat.

The Dongarias dispose of their dead in their respective clan territories within the cultural

recognized location. This might offer one of the clues to identify the territorial demarcation.

20

Forest Tribes of Odisha, vol-1, 2002


37 Vasundhara

iii. Traditional Institution

The smallest social unit among the Dongria Kondh is the nuclear family, next comes lineage and

clan whose functionaries are Bissimajhi, Mandal and Jani. These functionaries play major roles

in all matters of their socio-cultural, economic and religious activities. Wadaka, Karaka,

Pushika, Huika, Toika, Wangesika, Sikoka are some of their clan names used as surnames. The

exact number of their clan is not known21

. Besides, there is a traditional village council that

handles matters like inter-personal quarrels, breach of taboos and customs, offences

committed in drunken state, partition of families, property inheritance, inter-clan marriages

and love affairs. The traditional council composed of Padar head and a few lineage

concerned heads sits to resolves the disputes amicably. To resolve the disputes the offenders

are imposed certain punitive fine either in terms of cash or in kind.

Padar itself is an institution at clan level being headed by a Padrika. He is also the clan head

supported by village heads -Bisi-majhi – social and cultural head, Mondal – administrative

head, Jani (Religious leader) and Barika (messanger). Each sub-clan is termed as Punja and

each Punja in turn at the local level can be divided into kaja-punja (the senior sub-clan) and

icha-puja (the junior sub-clan). The well structured traditional institutions that exist indicate

the PVTG is culturally integrated and if approached from within, it might help the

implementing agency in identification of the nature and extent of habitat.

iv. Concentration of population

The clan demographic density is one of the most crucial aspects of determination of the extent

of clan habitat. Therefore, information regarding these parameters needs to be collected from

primary or secondary source. From the interaction with the villagers and traditional leaders

they revealed that there are total of 112 padar, It including the padars in Rayagada and

Kalahandi districts. When asked about the extent of the Dongaria Kondh settlement, it was

informed by Dongarias that they extend across Muniguda, Kalyansingpur, Lanjigarh and

Bissamcuttack Blocks. These blocks cover the entire Niyamgiri.

v. Geographical characteristics

The habitat to Dongaria Kondh stretches over the entire Niyamgiri hill range and spread over

four blocks of two districts (Kalahandi and Raigada). The Niyamgiri hill range is

characterized by heavy rainfall, cold climate and the birthplace of several perennial hill

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Nayak, P. (1989) Blood, women and territory, ed. Gurumuthry, K.G., Reliance Publishing House, New Delhi


38 Vasundhara

streams and two rivers (Nagabali and Nansibali). Thus, the entire Niyamgiri hill ranges

constitute the physical habitat of Dongaria Kondhas.

vi. Basis of village Settlement:

Certain prerequisites are taken into account while selecting a site for settlement like

existence of a perennial water source, the availability of adequate hill land nearby for

cultivation and the easy access to the forest for the collection of edible resources, fuel wood,

fodder and leaves. The dongaria make their settlement usually at the foot of hill slope. The

Dongaria settlement especially exhibits linear patterns of housing arrangement

vii. Dongaria Song and Dance:

‘Forest tribes of Orissa’ and other works have captured the rich tradition and oral lore of

Dongaria. There are three basic forms of oral lore: Songs (pranambu), tales (katha), and

riddles (idi anari). They may either be long or short piece, and some type of songs are

predominantly sung by girls; for example; hedi pranambu (marriage songs), prabu pranambu

(festival songs), desia pranambu (desia kondh-oriya songs), kui pranambu (mythical songs),

dakina pranambu (ritual chants). The transmission of oral lore is not regulated by specific

procedure in Dongaria society. Knowledge is passed on to boys and girls during the course of

daily life in dormitories22

. These oral lores are the only unwritten documents of the

community narrated the detail about their tradition, culture their habitat which need to be

preserved and protected .Such rich oral tradition might provide clues while recognizing

their habitat rights.

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39 Vasundhara

3.3. Habitat Rights of Juang - A Case Study on Claim Making Process

The Juang PVTG of Odisha happens to be the first community in the whole to country to

have filed habitat rights claim under the Forest Rights Act. A total of three habitat rights

claim have been filed with the SDLC of which the first one was filed in the year 2010 and the

remaining were filed in 2011. The claims were never processed by the SDLC due to

prevailing confusion regarding meaning and scope of habitat rights at the level of

government. The Government of Odisha subsequently wrote to the Ministry of Tribal Affairs

seeking clarification on the issue. The process of claim making was facilitated by Vasundhara

(an NGO based at Bhubaneswar, Odisha) and Banabasi Chetna Mandal (a local NGO based

at Gonasika, Keonjhar district), Odisha based NGOs. Similar processes were adopted for

determination and filing of claims. Example of one such claim making process has been

described in the following section:

3.3.1. Juang - An Introduction

The Juangs are found only in Odisha State. The community can broadly be divided into two

sections, namely the hill Juang and the Plain Juang. The hill Juang are confined to the hill

ranges of Keonjhar and Pallahara, whereas the plain Juangs are distributed among the plains

of Dhenkanal and Keonjhar Districts. The following map show the Juang concentration areas

in Odisha:

Figure.3.3. Juang Concentrated District in Odisha


40 Vasundhara

The hill Juang are subsisting mainly on shifting cultivation and collection of Minor Forest

Produce (MFP). In Pallahara, they pursue basket – making in addition to their traditional

shifting cultivation. Ethnically, the Juang are considered a branch of the Munda group23

The Juang claim the ‘Juang Pidha’ of Keonjhar District as their homeland. Those who live in

this area are known as Thaniya (Original settlers), while those who have migrated to the plains

of Keonjhar and Dhenkanal Districts are called Bhagudia (those who have fled away). There

is a popular myth about their origin. The Juang believe that they are the first human being to

be born on earth. Their ancestors were born from a Rusi couple (a saint and his partner) who

were living in Rusi Tangar, a hillock near Gonasika in Keonjhar district24

. According to the

2001 census, the Juang Population was 41,339 or 0.5 per cent of the total tribal population of

the state. In 1991 their population was 35,665. Thus the growth rate of the Juang during

1991-2001 was 15.90 per cent as against 15.82 per cent and 16.25 per cent of the state’s tribal

and general population respectively.

The most characteristic feature of the Juang social organization is their village exogamy. The

villages used to be uniclan and marriage within it is forbidden. As such village and clan

exogamy go hand in hand, however over the time villages have become multi-clan and multi-

ethnic due to dispersal and migration and in-migration of other communities as well. The clan

is a unilinial descent group whose members trace their origin back to a common ancestor.

The Juangs Pidha is their traditional territorial unit. The Juang Pidha organization consists

of 6 Sub Pidhas and under each sub pirdha there are a few villages. The list of Pidha and the

list of villages comprising each Sub Pidha are listed below (Table No.3.3.1).

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SCSTRTI, Bhubaneswar-2004


41 Vasundhara

Table.3.3.1. Village list under the Juang Pidha

Village G.P

Block

JDA/Non

JDA Pidha

Satkhandia Pidha

Gonasika Gonasika Banspal JDA Satakhandia

Guptaganga Gonasika Banspal JDA Satakhandia

Jantari Gonasika Banspal JDA Satakhandia

U. Raidiha Gonasika Banspal JDA Satakhandia

U. Baitarani Gonasika Banspal JDA Satakhandia

Kadalibadi Gonasika Banspal JDA Satakhandia

Goliabandha raidiha Gonasika Banspal Non JDA Satakhandia

Talabaitarni Gonasika Banspal Non JDA Satakhandia

Jharkhand Pidha

Sinkulapada Gonasika Banspal Non JDA Jharkhanda

Talapada Kuanar Banspal JDA Jharkhanda

Kanjipani Kuanar Banspal JDA Jharkhanda

Budhighar Gonasika Banspal JDA Jharkhanda

Dumuria Barhagarh Banspal JDA Jharkhanda

Phulabadi Barhagarh Banspal JDA Jharkhanda

Upperpanasnasa Kuanar Banspal JDA Jharkhanda

Talapanasnasa Kuanar Banspal JDA Jharkhanda

Hatisila Barhagarh Banspal JDA Jharkhanda

Saria Barhagarh Banspal JDA Jharkhanda

Talabali Barhagarh Banspal JDA Jharkhanda

Upperbali Barhagarh Banspal JDA Jharkhanda

Bankuda

budhakhaman Barhagarh

Banspal

Non JDA Jharkhanda


42 Vasundhara

Nadambansdiha Barhagarh Banspal Non JDA Jharkhanda

Nadam Barhagarh Banspal JDA Jharkhanda

Jamudiha Barhagarh Banspal Non JDA Jharkhanda

Baragarh Barhagarh Banspal JDA Jharkhanda

Kuanar Kuanar Banspal Non JDA Jharkhanda

Kathua Pidha

Medinipur Talakainsari Banspal Non JDA Kathua

Talachampei Talachampei Banspal JDA Kathua

Rugudi Talachampei Banspal Non JDA Kathua

Badaraduan Talachampei Banspal Non JDA Kathua

Kodipasa Kodipasa Banspal Non JDA Kathua

Sarukudara Talachampei Banspal Non JDA Kathua

Bayapandadar Bayakumutia Banspal JDA Kathua

Mamalaposi Bayakumutia Banpal JDA Kathua

Uparasamatha Talachampei Banspal Non JDA Kathua

Uparakaipur Talachampei Banspal Non JDA Kathua

Tangarpada(Kha) Kodipasa Banspal JDA Kathua

Sanaraduan Talachampei Banspal Non JDA Kathua

Uparachampei Talachampei Banspal JDA Kathua

Bayakumutia Bayakumutia Banspal JDA Kathua

Chempei Talachampei Banspal Non JDA Kathua

Kundei Kodipasa Banspal JDA Kathua

Talasamatha Barhagarh Banspal JDA Kathua

Mundala Bayakumutia Banspal Non JDA Kathua

Ghungi Kodipasa Banspal JDA Kathua

Kanthadas Bayakumutia Banspal Non JDA Kathua

Toranipani Kodipasa Banspal JDA Kathua


43 Vasundhara

Duarasuni Kodipasa Banspal JDA Kathua

Kansa Kodipasa Banspal Non JDA Kathua

Hunda Pidha

Samagiri Budhakhamana Harischandanpur Non JDA Hunda

Budhkhamana Budhakhamana Harischandanpur Non JDA Hunda

KuaJharana Patila Harischandanpur Non JDA Hunda

Nalapanga Janghira Harischandanpur Non JDA Hunda

Gayalamunda Patila Ghatagaon Non JDA Hunda

Charigarah Pidha

Pitanali Koria Telkoi Non JDA Charigarah

Godi Narda Koria Telkoi Non JDA Charigarah

Madhusudanpur Telkoi Telkoi Non JDA Charigarah

Rebona Pidha

Kharba Pithabola Harichandanpur Non JDA Rebona

Rangamatia Pithabola Harichandanpur Non JDA Rebona

Kahneigola Pithabola Harichandanpur Non JDA Rebona

Baura Bhagamunda Harichandanpur Non JDA Rebona

Nola Bhagamunda Harichandanpur Non JDA Rebona

Maragola Bhagamunda Harichandanpur Non JDA Rebona

Kusumyodi Bhagamunda Harichandanpur Non JDA Rebona

Budhipada Bhagamunda Harichandanpur Non JDA Rebona

Kanjipal Bhagamunda Harichandanpur Non JDA Rebona

Turkipada Bhagamunda Harichandanpur Non JDA Rebona

Rebona Rebona Harichandanpur Non JDA Rebona

Talapada Rebona Harichandanpur Non JDA Rebona

Note: The list of villages has been prepared on the basis of Juang and Bhuiyan Pidha settlement records (obtained from keonjhar district

record room) which were verified during the focus group discussions with the traditional leader of each Juang sub-pidha. These sub-pidhas were taken as the unit for initiating the habitat right claim making process. As stated earlier, three sub-pidhas initiated the process of claim

making and subsequently submitted their claims for habitat rights.


44 Vasundhara

3.3.2. Basis of determination of habitat Rights.

The following parameters were decided by the traditional institutions of Juangs to determine

their habitat rights. The several rounds of discussions at village and pidha level to arrive at

these parameters were facilitated by personnel from Vasundhara (an NGO based at

Bhubaneswar, Odisha) and Banabasi Chetna Mandal (a local NGO based at Gonasika,

Keonjhar district):

i. Clan Identity:

The clan refers to uni-lineal descent group whose members trace their origin to mythical

common ancestor. The clan is called a bak in local language. It is patrilineal, patrilocal

totemic group. It is governed by the usual rules of exogamy and any deviation from it is

considered a very serious offence. All the clans in the Juang society may be grouped in two

divisions known as Bandhu clans and Kutum clans. Bandhu refers to affainal groups and

Kutum refers to consanguineal groups.

Most of the baks, as mentioned above, are totemic groups bearing names of animal such as

elephant (hatisilabak), bear (baneibak), rabbit(nachingbak), etc. and plant species such as

Schleichera pleosa (barumbak), Diospyros melanoxylon (temrembak), Fisus semicordata

(samanbak), ficus glomerata (dumriabak)25

. These totemic groups are seen confined in higher

frequency to a considerable geographic locality. Thus, these are territorial groups. The extent

of their spread and concentration of each clan in the form of settlements provides one of the

clear parameter to determine the physical extent of Juang Habitat.

ii. Traditional Institution:

In every Juang village there is a village council consisting of some office holders and the

village elders. This body is responsible for maintenance of peace and harmony through

enforcement of traditional norms in the village. The Pradhan is the headman of the council.

All important matters are brought to his notice. He decides the disputes among the villagers,

imposes punitive fine for breach of minor taboos, redresses divorce cases and settles

separation of property with the help of village elders. The Nagam or Dehuri, the sacerdotal

chief of the village, takes an active part in some important decisions regarding the

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45 Vasundhara

distribution of talia land to the villagers and fixing the date for observing different rituals.

The Dakua acts as the messenger of the Nagam and the Pradhan.

Juang Traditional Administrative setup

All the six sub-Pidhas together form the Pidha Mahasabha and is headed by the

Mukhya Sardar. The Sardars of each Pidha with Pradhans, Dehuri and Naik of each village

together select the Mukhya Sardar of the Pidha Mahasabha. The decision of the Mukhya

Sardar is final and binding for all Juang community. The offices of the traditional leaders are

non-hereditary. The existence of a well organized traditional institution indicated

management of a territory and the hierarchy of the traditional leaders. It provides evidence

about existence of Sub-Pidha. The sub-pidhas when combined together form the habitat of

Juang.

iii. Geographical characteristic:

The Juang claim that their pidha located in Keonjhar District as their homeland. They are

confined to the hill ranges of Keonjhar and Pallahara. The Pidha as an administrative unit of

Juangs are divided into 6 sub- pidhas as mentioned earlier which are their traditional

territorial unit. The villages of a particular clan in close vicinity (group of neighbouring

villages) were clubbed under one Pidha. This, by and large, corresponds to the villages

belonging to kutum clans. There were as many as 68 villages under six different sub-pidha

with well-defined land marks, some of which are briefly mentioned below:

Pradhan – Village head

Dehuri - Village priest

Dakua – Village messenger

Pidha Sardar – Head of sub-pidha

Mukhiya Sardar – Administrative Chief (all pidha)


46 Vasundhara

Landmark identified for the boundary area between Kathua Pidha and Satakhanda

Pidha:

Symbol of Baruda:- (under kanjipani and satakhanda pidha)

1. Bharada Gachha (A tree)

2. Bada Saragi(A place)

3. Kalapathara(A piece of big stone)

4. Kankada Gachha (A tree)

5. Rai Gachha (A tree)

6. Kumbh Gachha (A tree)

7. Anla Gachha (A tree)

8. Gaja Amba (A tree)

9. Sukula Nadia (A Place)

10. Nepti Benua (A Place)

11. Nagara Mundali (A place)

12. Dhoba Dhobini Dhara (A stream)

13. Banka Simuli (A place)

14. Laxmi Pada (A place)

15. Maisabuda Dhara (A stream)

Symbol of Gonasika:- (under kanjipani and satakhanda pidha)

A. Bada Saragi (A place)

B. Baghia Tangar (A place)

C. Panchagachhia Amba (A place)

D. Bhimakunda Chatri (A place)

E. Badaghat (A place)

F. Purunapani (A place)

G. Brahmani Dhara (A stream)

H. Sarkar pula (A bridge)

Tangarpada is under Kathuapidha under sadar P.S

“1” to “16” is the line between Baruda & Gonasika

“1” to “15” is the line between Tangarpada and Baruda and “A” to “H” is the line between

Tangarpada and Gonasika.

The village with traditionally recognized territory determined by the clan was in operation.

Till recently, each village represented a different clan, however, now the villages have turned


47 Vasundhara

to have housed more than one clan members. Within the delineated customary boundary each

village possess land and patches to practice settled and shifting cultivation. They also regulate

themselves to use the forest based resources for their livelihoods as well as to meet the

cultural necessities. The customary boundary of the village is identified by physical

landmarks like hillocks, rivers/streams, long standing trees etc .The resources used by the

adjacent village(s) is normally based on mutual consent and principles of share and care set

by the village elders and leaders of the concerned villages.

iv. Village Settlement:

The Juang live in homogeneous as well as heterogeneous villages located at the foothills or in

the valley surrounded by forests and close to water source like stream. Some settlements are

situated in the plains where the villages have scattered houses. A unique feature of the Juang

settlement pattern in earlier times is their frequent change of village site. Each village had a

number of village sites and the villagers use to live in one site for some years after which they

moved to another site. The shifting of sites is conditioned by ecology and economy. Besides,

many other reasons were also attributed to the change of village sites, however the main

reason being attributed was regarding shortage of talia land (land under shifting cultivation)..

The other reasons stated by the Juangs include spread of epidemic, frequency of deaths in the

villages, etc. Nowadays they live in permanent villages.

Another unique feature of Juang village is their dormitory locally called mandaghara. This

is their community house. Juang huts are small in size and are used for multifarious purposes

such as bedroom, kitchen, store, and sometime goat-shed. They can accommodate only one

couple and young unmarried children. Grown-up sons sleep in the mandaghara but nowadays

the mandaghara has been used as community hall where they cook food for their guest, store

grains and assemble together at the call of their leader for meetings. The minimal unit of a

Juang habitat is a village. Few of them combined together on the basis of socio-political

parameters forms sub-pidha. The sub-pidha combine together forms the Juang pidha.

Therefore, for determining Juang habitat, it is important to understand the dynamism of

village sites and settlements.

v. Culture & rituals:

The Juang observe various rituals throughout the year to propitiate their deities and ancestors.

Their important festivals include Puspunei, Amba-Nua, Tirtia, Asadi, Pidha Puja, Dhan Nua,

etc. On the occasion of Amba –Nua and Dhan-Nua the Juang clean their houses, and through


48 Vasundhara

away their old earthenware cooking pots and use new ones. They prepare a special type of

food and offer it to ancestor with mahuli liquor. The Juang observe Pus Punei with much

pomp and ceremony, this being the beginning of the agriculture cycle. On the full moon day

of Pausa (December-January), the Nagam kills a pig and sprinkles blood over the grains

collected from each household, these being kept in the mandaghara for seed purpose. Amba-

Nua is associated with offerings of mango blossoms to the village deities and ancestral

spirits. The Juang also commonly celebrate “Baruni Mela” once in a year at Gonasika. The

sites of their culture and religious practices constitute a significant part of their habitat rights.

vi. Juang Song & Dance:

The Juang songs are melodious and rhythmic and do cover a wide range of topics taken from

their natural surrounding and their social life. Songs are mostly sung during specific

occasions such as marriage, rituals and functions in the forest and swiddens. In most of their

songs their cultural values and code of conduct are addressed. The Juang are known for their

Changu dances. Boys and girls dance together, while the boys play on the changu, the girls

dance in a stooping posture to the rhythm of the changu in front of the boys. The group dance

is performed in a half moon circle.

3.3.3. Steps followed for determination and filing of claim for habitat rights

1st Step - Call for Mahasabha meeting of all the Pidhas

A series of awareness camp were organised by the facilitating NGOs to make the Juang

aware about the provision under FRA regarding

habitat rights. This was followed Pidha Mahasabha

meeting under the leadership of Mukhya Sardar of

all the Sub-Pidha Sardar with Pradhans, Dehuris and

also dakua of all the villages coming under Juang

Pidha. In the first Mahasabha meeting, the Mukhya

Sardar and the village chiefs with technical support

from Vasundhara discussed about the provision of habitat rights under FRA. In this meeting

they listed out various types of rights inside their habitat and their extent. An action plan was

developed to repeat the process at the level of sub-Pidha depending on the nature of rights.

The respective, traditional institutions (at sub-pidha level) then were entrusted with the

Box No-4: The process give a clue on

how to increase the participation of the

traditional institution in the habitat rights

claim making process which is very

crucial, a interface and a joint

participation of implementing agency

with the tradition institution is very

important and should be taken into

consideration


49 Vasundhara

responsibility. The process of determination of rights was recorded in the form of resolutions

and SDLC was intimated of such a process being undertaken.

2nd

Step - Gram Sabha Meeting (Preparation and Finalization of Customary Boundary

of the Village by the Gram Sabha)

Each village coming under the Pidha (whether revenue, hamlets, unsurveyed, forest villages)

convened their separate Gram Sabha with the support of Panchayats. This was followed by

the traditional leader of the village (Pradhan) calling the Gram Sabha meeting. The Gram

Sabha discussed about the provisions of Forest Rights Act with special focus on habitat

rights. The Gram Sabha informed the community about the discussion on habitat rights at the

Mahasabha level and also discussed about the nature and extent of rights to be determined at

the community level. Then the Gram Sabha fixed dates for subsequent meetings/gatherings

where they get together to determine the rights and map and demarcate them.Intimation of

this exercise was then provided to the concerned villages and also to SDLC.

In all subsequent meetings, the community sat together and discussed about the nature and

extent of each of the rights and also discussed about the customary boundary of their own

village. The following points were taken into consideration for discussion to help them in

claiming their rights:

Customary practices

Traditional resource use pattern

Cultural linkage (Listing out in details the sacred areas, places of worship, festivals,

functions etc)

Livelihood dependence/occupation in forest land (Identification of places of

collection/use/occupation along with seasonality)

Social structure/institutions


50 Vasundhara

After clear cut mapping of the nature and extent of resource use, the entire community

developed a detailed map of their village indicating the places of NTFP collection, places of

worship, Rivers, nalas or any water bodies used by them, grazing places, roads used by them

etc. and then delineate the boundary with the help of physical attributes or any recognizable

landmarks (Streams, hillocks, trees, any

other).

The map prepared was presented in each

of the Gram Sabhas under the Pidha

area. After endorsement in each of the

GS, joint gramsabhas (covering all gram

sabha coming under one sub-pidha area)

were organised and the claim was

finalised.

All the villages under a sub-Pidha drew

and finalized the map of their own village in the above mentioned process.

3rd

Step - Pidha Level Meeting (Preparation and Finalization of extent of one Pidha)

When all the villages of one sub-Pidha had finalized and consolidated their map, a Pidha

level meeting was then called up by the Sardar which include the Pradhans, Dehuris, Dakua,

elders persons, women representatives, Panchayat Secretary, Forest Rights Committee

Secretary and President of all the villages falling within that particular sub-pidha.

Individual village maps with clear cut demarcated boundaries and extent and nature of

resource use was presented at the Pidha level meeting. This exercise gave a clear picture of

the overlapping resource use zones amongst two or many villages and also the extent of the

Pidha.

At the sub-Pidha level similar exercise of identification of Sub-pidha customary boundary

was done based on the above mentioned aspects. To avoid any conflict in future the

overlapping areas of resource use by more than one village was clearly spelt out and they

also decided to initiate a process of management plan of the resources also decided and

finalized with consent of the villagers, village chiefs and Sardar of the Pidha.

The Pidha map was then finalized by the Sardar (traditional Pidha leader) with the consent of

the Pradhans, Dehuris and all elders/important members of the villages of the Pidha where

Panchayat Secretary and FRC Secretary and President were also a part. The Sardar and the

Box No-5: The entire process gives us a clue of

identification of the traditional institution and its

leaders are very crucial to habitat right recognition

process and the learning suggests that the claim

facilitation should be initiated by the traditional

institution.

To help the traditional institution understand the

whole process a group of expert outside the purview

of FRA implementing agency should be attached to

them during the process of the claim making.


51 Vasundhara

village leaders decided to prepare a detailed management plan for sustainable use,

regeneration and conservation of the resources falling within their claimed habitat area.

However this process is yet to take off for want of recognition of their habitat rights.

4th

Step - Mahasabha level meeting (Finalization of the entire Pidha Map)

Similar Pidha level mapping exercises was then

carried out in all the Pidhas constituting the entire

Juang Pidha (the names of the Pidha and the list of

villages falling within the Pidha have been mentioned

above). At the Pidha Mahasabha level meeting, the

Maps of all the Pidhas as drawn by the Pidha level

villages was then presented and finalized by the

Mukhya Sardar with consent of the Sardars, Pradhans, Dehuris and the map of entire Juang

pidha was finalised. This was again discussed at the level of each of the gramsabhas and

subsequently recommendations on habitat claim were send to SDLC.

Box No-6: One of the major learning

from the process is the mapping

exercise of the habitat area is complex

in nature and can ideally be done after

the rights have been recognized jointly

with the help of traditional institution

and the implementing agency.


52 Vasundhara

Habitat Right Determination Process flow

Series of awareness camp and meetings on FRA provisions and habitat rights in the region

organised by facilitating NGO

Pidha level Mahasabha meeting organized under the leadership of Mukhya Sardar participated

by all Sub-Pidha Sardar with Pradhans, Dehuris and also dakua of all the villages coming under

Juang Pidha. An action plan developed to initiate the habitat rights determination process.

Gram sabha of each village under the leadership of Pradhan (whether revenue, hamlets, un-

surveyed, forest villages) under all Sub-Pidha organised to discuss the action plan. Dates for

subsequent meetings fixed.

Subsequent round of gramsabha meetings organised as per previously fixed plan. In these

meetings they demarcated their customary boundaries and intimated to SDLC about this

development.

In next round of meetings, details related to places of NTFP collection, places of worship,

Rivers, nalas or any water bodies, grazing places and roads used by them etc were marked and

recognizable landmarks (Streams, hillocks, trees etc.) were identified and shown across the

previously delineated customary boundary.

Prepared maps presented in each of the concerned GS under all Sub-pidha area. Subsequently

joint gramsabhas (covering all gram sabha coming under one sub-pidha area) was organised to

look after any issue related to overlapping area or any conflict between two of the gram sabha

and then the claim was finalised.

Pidha level meeting was organised under the leadership of Sardar and included the Pradhans,

Dehuris, Dakua, elders persons, women representatives, Panchayat Secretary, Forest Rights

Committee Secretary and President of all the villages falling within that particular sub-pidha for

final verification before making recommendation to SDLC..A final Sub-Pidha map was then

consolidated and prepared.

The Sub-Pidha map was then finalized by the Sardar (traditional Sub-Pidha leader) with the

consent of the Pradhans, Dehuris and all elders/important members of the villages of the Pidha

where Panchayat Secretary and FRC Secretary and President were also a part.

Recommendation on Sub-Pidha wise Habitat Rights claim was made to SDLC. This process was

adopted for all three Sub-pidha wise habitat rights claim making.


53 Vasundhara

Box No.2- The important thing that also should be

taken into consideration while facilitating the habitat

claim is the awareness level of the community as

well as the Government officials which need to

ascertain before initiating any such process, if

required a proper training and awareness camp

should also be organized regarding the provisions of

habitat rights in particular and FRA in general.

Box No.1- The process followed by Juang gives an

learning and idea to identify the parameters before

initiating the claim making process which is related to

the exercise of rights of a particular PVTG over a

particular landscape which may include lots of socio-

cultural , economical and ecological factors and rights

over it and the rights of the PVTGs over these

landscape known as habitat rights interwoven with

these factors, these factors then sets a guideline for

discussion with the community where the nature and

extent of habitat can be ascertained.

3.3.4. Learnings

The habitat claim was filed by Juang Mahasabha separately for each sub-pidha. So far habitat

claims of only three sub-pidha i.e Satkhanda pidha, Kathua pidha and Jharkhanda pidha has

been filed with SDLC in March 2010, March 2011 and May 2011 respectively.

The claims are still pending with the

SDLC.

The key reason for the delay in processing

the claim was due to confusion about the

concept of habitat, and what it would

entail. Since, at SDLC/DLC level the

clarification on habitat remained

unsolved, the state government sought

clarification from MoTA regarding asking

for clarification about the scope and

extent of habitat right:

While looking at some of the claims it is becoming difficult to ascertain the scope and ·extent

of habitat right. For example- while Juang PVTG is confined to the geographical area of

Gonasika. The habitat right being claimed by the PVTGs extends much beyond Gonasika

area. Similarly, there are instances of claims of habitat right on areas which arc neither

frequented by the PVTGs nor used for accessing MFPs or grazing of animals. By definition,

any forest area can become a 'habitat' for the STs/ OTFDs irrespective of where they stay. It

can also encompass Revenue land depending on the interpretation of traditional institutions

of PTGs pertaining to their habitat. In most

cases revenue lands also forms part of the

habitat right claim which does not come

under the purview of Forest Rights Act. The

word 'habitat' needs to be clarified in terms

of its extent and coverage to avoid

ambiguity in making and considering such

claims.


54 Vasundhara

Box No: 3

What happens to the part of the habitat which is not forest land as the FRA only covers forest land?

This issue should be considered from the point of view of the intention of the law which seeks to undo the

historical injustice. The preamble of FRA highlights the historical injustice done to forest dwelling communities

due to non-recognition of their rights on their ancestral lands and habitats while notifying them as State forests.

The same process was repeated while declaring parts of their habitat areas as State owned revenue lands. It is

also to be noted that the definition of PVTGs’ habitat is inclusive and includes the area comprising the

customary habitat and such other habitats in reserved forests and protected forests of primitive tribal groups and

pre-agricultural communities and other forest dwelling Scheduled Tribes. Therefore, the intent of the legislation

is to recognize the right to community tenures over the entire habitat of PVTGs including forest and non-

forest land. State governments need to ensure that habitat rights on all types of land coming within them are

recognized using constitutional provisions, PESA and state laws. (Ref. Supreme Court judgement in OMC vs.

Union of India case, 2013, FAQ released by MoTA).

Although in case of individual rights, but for treatment of non-forest land, the Government of Odisha has taken

an exemplary in-principle decision to not reject claims over non-forest lands made under FRA and have

instructed the SDLCs and DLCs to consolidate such information about such claims over revenue lands and

explore possibility of their settlement under State revenue land laws and schemes of the government (Ref.

Circular no: 368/ CSR & D.M. Dated 4th

January, 2010 issued by the Revenue and Disaster Management

Department, Government of Odisha). This can be followed in case of treatment of revenue land within the

habitat area.


55 Vasundhara

CHAPTER-4- Summary of Key Findings & Conclusion


56 Vasundhara

4.1 Summary of Key Findings

4.1.1. Nature, Scope and Extent of Habitat Rights

The study has suggested several possibilities with regard to the nature, scope and extent of

habitat/s and habitat rights of PVTGs. Given the wide diversity of PVTGs, it will be

inappropriate to suggest the ‘one size fits all’ formula and the proposed guideline has been

developed keeping this complexity in view.

The Baiga communities are found to be spread over several districts of the two States of

Madhya Pradesh and Chhattisgarh including areas in higher hills to relatively plain areas. The

higher patches have higher and near exclusive Baiga concentration, where older traditions are

more in vogue whereas more changes could be observed in lower reaches. Moreover, Baigas

strongly link their identities to garh, places which are presently physically far off from many

of their settlements. Such places are visited by Baigas living far away only occasionally but

they continue to have deep association with them. All Baiga settlements, therefore, do not

constitute an exclusive and contiguous patch. Rather large numbers of their settlements have

several of their social, cultural and religious rights overlapping with each others’ territories or

over other territories like many of their garh that lie deep inside forests without Baiga

habitations at present but which are seasonally accessed by concerned clan groups for

carrying out their religious rituals. Thus habitat and habitat rights would possibly cover

several habitats in terms of territorial limits; all such garh (inhabited or uninhabited); other

sites of seasonal access (for medicinal plants/ livelihoods/ cultural purposes like organising

fairs) with an explicit right to seek territory or habitat to meet their future requirements.

While the territories of the other two studied communities viz. Dongaria Kandhas and Juang,

as compared to those of Baigas, appear to be in more geographically compact zones in terms

of their physical settlements, their cultural and religious rights expand over a wider territory

and specific sites. E.g. the Dongaria Kandhas appear to have a clear sense of their defined

territory and claim the whole of Niyamgiri hills as their habitat with multiple rights

embedded in it. The Juang while deciding their habitat rights filed claims over three habitat

areas (sub-pidha) that constitute a part of their larger habitat.

It was observed during the study that there has been greater inflow of other communities in

Baiga areas compared to the Juang areas and the least in Dongaria Kandha area except for

villages that lie on the foothills of Niyamgiri ranges. Thus overlapping, shared or exclusive

rights of other communities/ tribal groups would also be of varying degree and nature


57 Vasundhara

depending on their presence of non-PVTGs in PVTG zones. The proposed guideline does

take care of this issue by providing scope for discussion on determination of the forest rights

of non-PVTG communities and resolution of the same through organising joint meetings.

There has been greater concern to understand how the extent of habitat and habitat rights of

PVTG can be determined in terms of geographical territory. The study represents the

following scenarios in this regard:

a. A PVTG can have a contiguous habitat in terms of geographical territory that

encompasses their settlements and sites of cultural, social, religious and livelihood

importance (e.g. Dongaria Kandhas of Niyamgiri, Odisha). This can be observed from

the following indicative map:

Figure.4.1. Dongaria Kandha Village Habitation in Niyamgiri

* There are other inhabited villages including forest villages and hamlets which are not

mentioned in the list due to unavailability of data. It is important to mention here that the

micro-project does not cover all the Dongria Kandha Villages.


58 Vasundhara

b. A PVTG which is highly dispersed can have multiple habitats that may not be

contiguous patches and not an exclusive territory inhabited by that particular PVTG. In

addition, their rights extend over many other territories near or far off from their actual

settlements which relate to their social, economic, cultural and religious

practices/beliefs (e.g. Baigas of CG and MP). The following provides an indicative

picture with regards to possible nature and extent of habitat rights of Baigas when

mapped:

Figure.4.2. Nature & Extent of Baiga Habitat Rights – An Indicative Map

The above map has been prepared on the basis of few GPS coordinates obtained about their

garh (origin place of clans), cultural and religious sites of Baigas and is purely indicative in

nature. However it does provide some clues as to how habitat rights of Baigas might appear

when mapped. Two sample villages viz. Upka and Amania under Kwardha districts under

CG were taken. Baigas of Ningunia clan happen to reside in Upka village (along with few

other clan members) who trace their origin to Ninguniagarh which lay far off from their

existing settlement in Dhindori district under MP. Similar has been the case of Totariya clan

of Amaniya village who trace their origin to Tantargarh in Dindori district. Though the garh

are physically far off, the clan members strongly relate origin and identity with such places

where their original dieties also rests. Similarly several of their cultural and religious sites


59 Vasundhara

(shown in red) are spread across the territory and revered by all Baigas and there is periodical

gathering at those sites. The intermesh of all such rights constitutes the larger habitat of

Baigas which is indicated in the above-mentioned map.

c. A PVTG community, though living in a relatively compact geographical zone

comprising their habitat in terms of territory, often does have the notion of sub-habitats

linked to their traditional institutional set up which comprise functional sub-units. These

functional sub-units involving a cluster of villages can also become the claimants for

filing habitat rights claims. (e.g. Juangs of Keonjhar, Odisha). The following map was

drawn as a part of facilitating the habitat rights claim making process which shows the

sub-habitat areas within the larger habitat of Juangs:

Figure 4.3 Juang Habitat (Three sub Pidha out of Total six sub pidha)

The above map demarcates the Pirha and the villages in it and the area it covers. The list of

villages obtained was segregated into sub-Pirha (sub-habitat) based on discussion with Juang

communities and digitised village maps were plotted with use of GIS to make a habitat map

of Juangs. The sub-habitat areas used as an unit to make habitat rights claim are shown in


60 Vasundhara

different colours. The Jharkhanda Pirha shown in blue has 18 villages which cover an area of

33578.4 acres which is the largest area covered by any of the Pirha. Similarly Kathua Pirha

covers 28501.15 acres with 22 villages which is the highest number of villages in any of the

Pirha.The smallest among the three Pirha is Sathkhanda Pirha with an area of 9418.61 acres

having only seven villages in it. Due to unavailability of digitized maps of other blocks like

Harichandanpur and Telkoi we have been unable to demarcate the other three Pirha with the

use of GIS.

In addition to the above situations, there could be many other possibilities especially in case

of nomadic communities who may have a large number of temporary/ seasonal habitat areas

along their migratory paths cutting through the habitat/ CFRs of other communities. Over

time, many such communities have been forced to settle down in colonies under government

administered programs but which continue to access large areas for their livelihood resources

while other communities continue to live their nomadic or semi-nomadic lives of migrating

seasonally for accessing their livelihood resources. This can be gauged from the local

consultation processes suggested in the guideline.

Mapping of Habitat Rights: Learning initiatives and possible strategies

There have been instances of mapping of larger landscapes which has been facilitated by

several organisations in different parts of the country that have captured one or more aspects

of habitat rights which provide clues as to how habitat rights can be mapped. Few such

illustrations have been discussed below:

Kadar & Malyar communities in Vazhachal, Kerala: Mapping Resource Access areas26

Kadar and Malyar communities in their mapping exercise have focused on economic

parameter where they have identified the fish resource use and NTFP areas, income from

which critically support their livelihoods and have received recognition under the provisions

of CFR. Using the Resource use maps as a base document Kadars and Malayar have filed a

community claim where they combined all the nine settlements and filed claim over a single

demarcated area. The total area recognised is around 40000 hectares. The resource use map

prepared is given below:

26

Process facilitated by WWF and other local organization, the process summarized based on the presentation made by WWF during a “Learning Workshop on Mapping of Community Forest Resources” at CYSD, Bhubaneswar, Odisha on 2

nd nd 3

rd March 2014, Organized by Vasundhara.


61 Vasundhara

Figure.4.4.Resource use map of Vazhachal

The Solegas of BRT Sanctuary: Mapping Cultural Territories

The Solega tribe of BRT have identified their clan territories (yelle) and mapped them. Their

map, thus focus on two parameters i.e. demographic (settlements) and clan (cultural sites).

This extensive process was facilitated by ATREE, a Bangalore based organisation.


62 Vasundhara

Figure.4.5. Home of Soligas27

As we can observe that the above-mapping exercises have covered one or more aspects of

habitat rights though not habitat rights in its entiriety but useful learning initiatives. In the

backdrop of insights gained from the study discussed in the earlier part, mapping and

determination of PVTGs habitat would essentially involve identification of various types of

right and its demarcation with reference to geographical sites. In terms of mapping this would

mean super imposition of multiple layers of mapped rights into a single or several habitat

rights map.

As discussed previously, habitat rights may constitute four broader aspects with various

indicators as illustrated below:

27

Process Facilitated by ATREE, the process summarized based on the presentation made by Nitin Rai and C. Madegowda. During a “Workshop on Mapping of Community Forest Resources” at CYSD, Bhubaneswar in the month of December 2013, Organized by Vasundhara


63 Vasundhara

Figure.4.6. Aspects of Habitat rights.

However it cannot be construed that any habitat area would necessarily have all rights regime

but different rights regime in various degrees and when combined together would constitute a

habitat of the community. This is further illustrated in the following Venn

diagram(figure.4.6) where four circles sets has been represented as a parameter also

indicated as layers which defines various kinds of rights and when all the circles combined

may constitute the larger habitat with more intense to less intense areas based on existence of

pre-existing rights.


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Figure.4.7. Super Imposition of layer to constitute a Habitat Map- an Illustration

The Venn diagram showing a set of four circles (layer-1, 2, 3, 4) constitute and represent the

universe of a habitat. Each circle represents a particular parameter (Economic, Ecology,

Demographic, and Matirial & Cultural Traits) which include various kind of indicators as

mentioned in the above figure.4.6, According to the Venn diagram there are places where

there is no overlap between two parameters like for example the part highlighted as 1, 2, 3, 4

and there are also places where there is overlap between two parameters, three parameters

and also four parameters like the part highlighted in ‘8’ , ‘11’ and ‘13’ respectively, it

indicates for example the part highlighted as ‘13’ represents a place where all the four

Layer-4 –

Material &

Cultural Traits

Layer-3-

Demographic

parameters

Layer-2-

Ecological

Parameters

Layer-1-

Economic

Parameters

6

7 8

5

9

13 10

11

12


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Box No-7: In a State level consultation

organised as a part of the study in Raipur, a

similar basis for determination of habitat

rights emerged as is discussed in the

following section. iIn addition to Baigas,

Birhor, Kamar and Pahadi Korwa PVTGs

from Chhattisgarh and Madias from

Maharashtra participated in the consultation.

parameters can be found like the community habitation area(Demographic parameters) might

also include the cultural places like their dieties inside there village(material & cultural

traits), they might also practice shifting cultivation (economic parameters) and their

habitation area might also comprises of Ecological parameters like mountains, streams etc.,

there might also be places like ‘3’ which is not an over lapping area and only one parameter

can be found like for example the place use for ‘Maria’ festival by Dongaria kondha where

they use to celebrate it once in three year over a particular place and that place does not

comprises of any other parameters and similar example can also be found with Baiga.

The habitat area when mapped thus may be a combination of multiple maps or a single map.

However this would solely depend as to how the concerned communities define and explain

their habitats rights through a process outlined in the proposed guideline for determination

and recognition of habitat rights.

4.1.2. Scope of habitat rights under the FRA

Under the FRA provisions and its Rules, such diverse PVTG situations imply that the process

of determination and recognition of habitat rights would involve any one of the following

administrative and political jurisdictions:

1. Within one SDLC area

2. More than one SDLC area, but under one DLC

3. More than one DLC area

4. More than one state (SLMC) area

The habitats of different PVTGs may be varied especially when such groups are nomadic or

semi-nomadic having seasonal access to wider geographical areas.

4.1.3. Basis for determination of habitat rights

The following provides the key indicative

categories of information to be. Details obtained

along these suggestive categories are expected to

form a definitive basis forto determininge the

nature, scope and extent of habitat rights of a

particular PVTG. A checklist forof discussing

these aspects duringin the consultations with traditional leaders is provided as Annexure 1.


66 Vasundhara

i. Information related to clan:

Most PVTGs (and other tribal groups/ castes) are divided into clans which are exogamous i.e.

no marriages can happen between persons from the same clan as they are considered to be

brothers and sisters. These clans draw their identity from certain geographical locations

which often house their deities or from certain natural entities which may include plants and

wildlife. Their religious rights over such geographical locations need recognition, their

right to protect and conserve such natural entities (as enshrined in their clan beliefs and

practicesbehaviour) needs recognition and such places of their religious and spiritual

importance (irrespective of their geographical distance from their actual settlement)

should be granted protectedion from any action that might lead to theirany

modification or destruction of such place in part or full. It is observed from the study that

such clan related places often lie deep inside the jungle, on hill-tops or in deep valleys and

often have a source of water nearby.

ii. Information about their social and cultural sites:

The PVTGs observe social and cultural rituals by organising faires (melas) at different

intervals and at different places. The periodicity of such social and cultural rituals and their

location of the place is often dynamic and changes at varied frequency. In many cases, some

local haat (village markets) specific to a PVTG community also constitutes the place. Given

their traditions, such places will get shifted over time with new places being added to the list.

As a part of their habitat rights, it is imperative that while rights over existing cultural sites

and the right to organise them as per their beliefs and customs need recognition, the right

to decide and identify newer sites within their habitat for holding their rituals/ cultural

events in future would also require recognition. The PVTGs’ traditional institutions need

to be empowered to decide whether any major land use change in the area should be

permitted or not. This would imply extending the requirement for gram sabha consent

for forest diversion needed in other areas to the entire habitat. It is important to mention

here that all rituals, social and cultural activities and events of PVTGs are deeply connected

with forests and other elements of nature.


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iii. Information about their livelihoods and sites of livelihood:

This may include sites of their agroforestry based ancestral farming practices (referred to as

podu, bewar, dongarchas etc. in local parlance), areas from where items are gathered and

extracted from forests, sites for gathering medicinal plants etc. There is need for recognition

of their forms of livelihood practices based on forest and geographical sites which support

such livelihoods. The practice of cultivation on hill slopes or hill tops in rotation is found in

varying degrees amongst different PVTGs. While communities living in lower hills or plains

were successfully forced by the government to abandon such practices due to these being

considered ecologically destructive, in many locations where plain land is absolutely missing,

this practice is still prevalent and provides a crucial source of their livelihood as also evident

from the field studies. It isbecomes important that any such existing practices of traditional

farming areshould be recognised and the existing nature of de facto rights currently enjoyed

(individual or communal) over suchthe areas under such cultivation should be are recognised

in its present form.

iv. Information about other important landmarks:

These can include like hills, rivers, streams, vegetation, grasses, particular tree species etc.

which provide other land marks for delineating the boundaries and extent of their territory,

the sub-territories and their social, cultural, religious, economic and political linkages.

v. Information about their songs and narratives:

Places, objects, beliefs, rituals described in the songs and narratives of PVTG communities

provide important information about the traits of their habitat.

vi. Traditional knowledge:

The PVTGs, especially their eldersly population have a huge repository of knowledge about

medicinal plants, sites where they are most available, wildlife, behaviour of wildlife, their

corridors etc. While they are reluctant to divulge details of their medicinal knowledge, they

are inclined to suggest different geographical sites or forests where there is rich concentration

of medicinal plants or forest areas/ zones having good wildlife population and types of

wildlife. Their rights over indigenous knowledge about their ecology of their habitat need due

recognition and should form the basis of its governance and management of such areas where

they have a significant stake.


68 Vasundhara

vii. Archival/Secondary Material:

This also provides historical information about the settlement of particular PVTG

communities which can also be usedsourced as evidence for filing their claim. In addition to

this, Copies of any old records available with the villagers (e.g. pattas or rights allowed by an

ex-King) and traditional leaders should also be collected in support of claims. The concerned

DLCs should source such material and make them available to all concerned gramsabhas.

Copies of all such materials should be made available to the concerned Gram Sabhas/FRCs

prior to the initiation of the consultation and claim filing process.

Based on the above, an attempt has been made to arrive at an operational definition of habitat

rights, which is given below:

Habitat constitutes the customary cultural, ecological and social territory of a tribe which

does not necessarily comprise a compact or bounded geographical area. Habitat rights may

be defined as a bundle of rights that relate to livelihood, social, cultural and religious

practices of tribal communities embedded in the territory comprising their habitat.This rights

regime is mediated by their various forms of traditional institutions and leadership base who

play a crucial role in multiple affairs of the tribe. Many such rights are not necessarily

exclusive to one community and may be shared with other communities living in the habitat

area based on age old traditions of mutuality and reciprocity.

This definition is in line with the explanation provided inMoTA’s Frequently Asked

Questions (FAQ) with regard to habitat rights and further explains the nature, scope and

extent of habitat rights. Here it is important to note that non-contiguity and non-exclusiveness

are two important features of habitat rights.

In this context, it is important to explain the difference between CFR and habitat, a matter of

confusion prevailing at different level. The FRA has defined these terms in the following

manner:

CFR: “Community forest resources” means customary common forest land within the

traditional or customary boundaries of the village or seasonal use of landscape in the

case of pastoral communities, including reserve forests, protected forests and

protected areas such as Sanctuaries and National Parks to which the communities has

traditional access;


69 Vasundhara

Habitat: includes the area comprising the customary habitat and such other habitats in

reserved forests and protected forests of primitive tribal groups and pre-agriculture

communities and other forest dwelling scheduled Tribes;

It can be observed from the above that while CFR rights are village/ group of village centric,

habitat focuses on customary habitat of particular communities especially PVTGs or pre-

agriculture communities. This implies that CFR rights lay in a relatively defined and compact

territory as it is limited to a particular vlllage or group of village covering relatively small

landcaspe while habitat would involve a wider landscape which may be dispersed, contiguous

and non-exclusive. While village level gramsabhas form the unit for determination of habitat

right, different forms of gramsabhas need to be organised involving traditional institution of

PVTGs for determination and recognition of habitat rights.

4.2 Conclusion

The PVTGs share a common history of dispossession and forest alienation which started

during colonial times and continued post-independence. Concerted policy attention towards

their plight only started gaining ground during late 1960s and 1970s. Over time, most of these

communities have gone through complex acculturation processes leading to substantial

changes in their lives and livelihoods. While in earlier times, most of the communities were

foragers, a large section of them today practice settled agriculture. Their alienation from

forests has gradually rendered them an inferior status even amongst other tribal groups.

Against this backdrop, the process of determination of their habitat and habitat rights would

not only involve understanding their present practices and systems but also a reconstruction

of their habitat and habitat rights by invoking their memories supported by information from

earlier research. The effort should be to restore to them many of their social, cultural,

livelihood and religious rights, something which forms the essence of the Forest Rights Act

of ‘undoing historical injustice’.

While ‘fixing’ boundaries of habitats may be a practical necessity, a note of caution would be

to not narrowly visualise them only as bounded geographical territories. Such a thrust on

permanent settlement in the past has brought considerable misery for these communities. It

would be important to understand habitat and habitat rights as a complex and layered bundle

of rights which are dynamic and flexible. Many such rights which were alienated/

extinguished in the past may need restoration and protection.


70 Vasundhara

Undoubtedly the process may be time-consuming and long drawn. As the determination of

habitat and habitat rights would be a combination of reconstruction of the past and

understanding the present practices, the SDLCs and DLCs will need to be supported to play

the required proactive and attentive role for facilitating their proper recognition.


71 Vasundhara

CHAPTER-5- Guideline for Determination and Recognition of Habitat

Rights of Particularly Vulnerable Tribal (PVTG) Groups


72 Vasundhara

5.1. Process Guideline for Determination and Recognition of Habitat Rights of

Particularly Vulnerable Tribal Groups (PVTG)

i. Background

The PVTG communities, as observed during the field studies and from secondary literature

are relatively more reticent in sharing their opinions and talking about their society and

culture. Habitat rights are complex, dynamic and flexible making the determination process

equally complex. The process is liable to be specific for each community. Therefore it

becomes important that the PVTG communities and their representatives be involved right

from the inception and take fully informed decisions with regard to determination of their

habitat rights. This is also a legal requirement under the FRA. For this purpose they need to

be made adequately aware of the FRA and its provisions related to habitat rights, and

provided with quality facilitation and handholding support during their discussions and

deliberations on habitat rights determination. In two cases (Juang PVTG in Odisha and Madia

PVTG in Maharashtra), filing of habitat rights claim has been possible due to sustained,

intensive and quality facilitation by NGOs well versed with the Act. There have also been

instances of mapping of cultural (clan) territories of Soligas (Karnataka); resource access

territories of Kadars (Kerela); seasonal landscapes of Maldhari pastoralist communities

(Gujarat) through sustained and long-term facilitation by NGOs. Thus the process of

facilitation of claim making on habitat rights would require sensitive and respectful

engagement with PVTGs and sustained care and attention. In this backdrop, the detailed

process steps to be followed for the recognition of habitat rights under the FRA are listed

along with the required facilitative support before, during, and after each of the suggested

process steps. The guideline is divided into three sections. Section 1 deals with the

preparatory phase describing the processes to be followed before initiation of the claim for

habitat rights. Section 2 deals with the actual process to be followed for determination and

recognition of habitat rights and Section 3 outlines the specific roles and responsibilities of

different authorities under FRA with respect to recognition of habitat rights.

This process guideline may be issued by MoTA as a direction under section 12 of the Forest

Rights Act.


73 Vasundhara

ii. Process Guideline

Section 1: Preparatory Phase

Organising training of all concerned government officials and staff on habitat rights provision

under FRA and the centrally issued directions on the process of determination and

recognition of habitat rights. NGOs having proven record of working on FRA would be

included in capacity building programmes.

Step 1: Preparation of a State Action Plan

a) The Tribal Department, the State Nodal Agency for the implementation of Forest Rights

Act, along with the concerned Tribal Research Insitute and other experts, is to prepare a

draft State Action Plan for PVTG Habitat Rights recognition under FRA, based on the

process guidelines including

i. Identification and listing out the districts, sub-divisions, Panchayats, revenue villages

and habitations in the State where PVTGs are located; Prepare a final list of all

settlements where PVTGs are present including those not covered by micro projects.

This is irrespective of whether the concerned land is forest or revenue land. The

floating nature of gram sabhas of nomadic/ semi-nomadic PVTGs should be taken

into consideration while preparing such lists and a separate list of such gram sabhas

should be prepared for special attention of the local administration.

ii. Collection, compilation and documentation of relevant information (all kinds of

evidence as per Rule 13 of the 2012 FRA amendment rules) pertaining to each of the

PVTGs and their habitat rights Financial and human resources that may be required

for implementation of the State Action Plan for PVTG Habitat Rights.

iii. Mechanism for monitoring progress in implementation of the State Action Plan for

PVTG Habitat Rights

b) The draft State Action Plan for PVTG Habitat Rights shall be placed before the State

Level Monitoring Committee for approval, finalization of a time schedule for the

initiation of recognition of PVTG Habitat Rights, identifying the bottlenecks if any, issue

of necessary directions to the concerned districts and any other institutions for

implementation of the guideline, allocation of financial and human resources if any, and

any other matter found necessary.


74 Vasundhara

c) The Tribal Department shall organize state level orientation programme of all the

concerned district, sub-divisional officials and the designated officers from the micro-

project agencies and others like CSO, NGOs assigned to facilitate the gramsabhas by the

DLC (see below in Step 3) as are required to explain and carry out the State Action Plan

for PVTG Habitat Rights recognition.

Section 2: Determination and recognition of habitat rights

Step 2: Initiation of PVTG Habitat Rights recognition process

The DLC shall ensure the following in this regard:

a) Publicise and communicate the initiation of PVTG Habitat Rights recognition in the

district by providing information about the communities whose rights are thus to be

determined through locally used traditional means of communication to inform people

such as through the village messenger.

b) Issue advertisements, especially in locally read newspapers in PVTG areas, and through

other channels such as posters in public places, PVTG habitations, Panchayat offices etc.,

and inviting claims for PVTGs’ habitat rights.

c) In case a particular PVTG’s habitat area is spread over more than one district, the

concerned DLCs should coordinate with each other with support and advice of the Tribal

Department and the Tribal Research Insitute.

Step 3: Organise gram sabhas in all identified settlements of the PVTG

a) The DLC shall ensure organizing gramsabha meetings focused on the following key

areas:

i. Building awareness and knowledge on habitat rights provision under FRA.

ii. Identify traditional leaders from each gramsabha or respective unit/ structure of

traditional institution. Pass a resolution to initiate the determination and claim filing

process on habitat rights

b) The concerned DLC/s will designate an officer from the PVTG micro-project agencies to

facilitate the gramsabhas. In case the area is not covered under a micro-project or a micro-

project agency is not there, the DLC/s will designate an appropriate officer for the

aforesaid purpose. In cases where some PVTG villages have been left out of a micro

project, it shall be ensured that all such villages are included in the process.


75 Vasundhara

Box No-8: Expected Outcome:

Draft habitat claim and tentative map prepared

(there could possibly be several maps as habitat

does not necessarily constitute a contiguous

patch). This draft claim document should also

clearly indicate overlapping, shared and other

forest rights of non-PVTGs and other

communities

c) The DLC/s will organise training for all traditional leaders on habitat rights provisions

and the centrally issued directions for determination and recognition of habitat rights.

DLC/s may invite resource persons from concerned TRI/ CSO/ other experts to facilitate

the training program.

Step 4: Consultation with Traditional Leaders and FRC members

The concerned Collector/s as Chairperson of DLC/s will call for a consultation with

traditional leaders and FRC members. While most of the traditional leaders could be men (as

per insights gained from the study), DLC/s should take special care in involving all women

members of FRCs and other local women representatives from the concerned PVTG in the

consultation process.The first round of consultation should happen after the gramsabha

meeting that passed the resolution to initiate the determination and claim filing process on

habitat rights.

Suggestive Process for the consultation

Place/s of consultation: DLC/s should

decide a suitable place which should

preferably be the traditional common

meeting place of concerned PVTG or a

place easily accessible to the communities

to enable greater participation of

representatives of traditional institutions as well as other interested villagers.

Possible agendas for discussion:

a. Provisions under FRA related to Habitat rights

b. Concept of habitat as understood by the community

c. Identification of their habitat as perceived by them supported by a suggestive

guideline for discussion (attached as Annexure 1) and developing a draft of their

possible habitat rights (this might include a tentative map of their geographical area

showing important landmarks/ cultural markers)

d. Identifying the rights under FRA of non-PVTG communities residing in the habitat

area identified by the PVTG.

If all the above-mentioned agendas cannot be completed in one consultation, then one or

more additional rounds of consultations should be organised to complete the discussion.

These consultations could also be organised at the level of clan-territories/ jati samaj


76 Vasundhara

involving a cluster of villages/ settlements if the representatives of the traditional institutions

so decide.

The DLC will invite resource persons from concerned TRI/ CSO/ other experts to facilitate

the consultation process.

Remark/ Explanation

In the case of some PVTGs (like Baigas of Chhattisgarh and MP), their complete habitat may

extend over an expansive geography. In such cases, it is advisable that smaller units claim

their habitat rights separately if the traditional institutions so decide and suggest the same

during the consultations. In the Juang case of Odisha (attached as a case study in this report),

sub-territory of their habitat (sub-pidha) was taken as a unit for filing claims which was

decided by their traditional leaders considering practicability of the approach.

Step 5: Filing of Claims

The draft habitat claim prepared in the consultation shall be presented before each of the

concerned FRCs/gramsabhas of villages28

by representatives of PVTGs having participated in

the consultations. A second round of joint meetings of concerned FRCs should be organised

for verification and approval of the habitat rights claim and to decide on conflicting,

overlapping claims or rights of non-PVTG communities in the habitat area as per Rule 12 (3).

Following this, the revised claims should be presented in the final round of gramsabha

meetings. It must be ensured that the draft claim is presented and discussed in each of the

concerned gramsabhas. While traditional institutions would have a significant role in

anchoring the claim determination and filing process, the role of gramsabha shall be central

as provided in Rule 12 of the FRA Rules. This will also ensure involvement of women who

tend to be less or not represented in traditional institutions. Gramsabha resolutions of

endorsement and approval should be attached to the finalised claim document/s.

Note: The officer designated by the DLC/s would facilitate the process of discussion of draft

claims in gramsabha meetings.

Step 6: Submission of Claims

The concerned gramsabha/s should send their claims to all concerned SDLC/s, DLC/s and

SLMC/s (in case the geographical area goes beyond a sub-division or district or state). These

bodies might decide on convening special joint sessions of SDLCs and/or DLCs to consider

28

‘village’ for this purpose should be a hamlet or a group of hamlets as defined in PESA


77 Vasundhara

the claim for habitat rights in such cases. Otherwise it would follow the normal procedure as

outlined in FRA rules.

Step 7: Preparation of Habitat Maps

After habitat rights claims are recognised, the government shall get digitized maps geo-

referenced with topo-sheets of the recognised habitat/territory showing the different rights

areas. This shall be done with the involvement of traditional institution representatives using

GPS instruments. Examples of similar habitat maps (thematic maps) prepared through civil

society facilitation have been provided under Annexure 3.

1. The DLC/s should seek support from TRI and State Remote Sensing Agencies in the

process.

2. The DLC/s should also seek the support of other government agencies specialized in

use of GPS and GIS technologies and which have substantial experience in their use

in community based mapping.

3. The DLC/s should organise training for PVTG youth and traditional leaders on GPS

use.


78 Vasundhara

5.2. Specific roles and responsibilities of different authorities under the Forest Rights

Act in the habitat rights recognition process

In addition to what is laid down under the Act, the authorities under the Act would be

required to perform certain specific roles and responsibilities. These are briefly mentioned

below:

Ministry of Tribal Affairs

To issue necessary directions to the State governments for determining and

recognising PVTG Habitat Rights.

To develop a separate reporting format to monitor the progress of recognition of

PVTG habitat rights.

To instruct the different research institutions and archives to provide full support and

cooperation to concerned DLCs for providing all necessary information required by

them.

To provide necessary financial support to the States for providing required facilitative

support as outlined in the process guideline.

State Level Monitoring Committees

To consider and approve the draft State Action Plan for recognition of PVTG Habitat

Rights with necessary modifications

To issue necessary directions/instructions to the concerned DLCs, SDLCs and any

other institutions as required to initiate the implementation of the State Action Plan

for recognition of PVTG Habitat Rights

To issue necessary instructions to all DLCs and SDLCs to undertake extensive

awareness campaigns and training of different stakeholders on the concept of Habitat

Rights and the process of their determination and recognition as suggested in the

guideline.

To ensure proper and adequate representation of PVTG communities in concerned

SDLCs and DLCs as provided under Rule 5 (c) and 7 (c) and to ensure and monitor

their complete and regular participation in SDLC and DLC affairs.

To liase with SLMCs of the adjoining States in cases where the habitat of PVTGs

extends into the adjoining State/s

To ensure regular reporting on progress of Habitat Rights recognition process in the

state from the concerned DLCs.


79 Vasundhara

To provide separate reports on the progress of habitat rights recognition in the

concerned State to the FRA division of Ministry of Tribal Affairs, Government of

India.

District Level Committees and Sub-divisional Level Committees

To prepare and consolidate the list of PVTG settlements based on the advice of the

concerned Tribal Research Insitute.

To issue necessary instructions to their officers for following up on the centrally

issued directions for recognition of PVTG habitat rights and the instructions from the

SLMC and the Tribal Department, the nodal agency for implementation.

To organise local level awareness campaign, training and capacity building program

as outlined above and in accordance with the Central directions.

To organise the first round of consultation after the gramsabha meeting that passed

the resolution to initiate the determination and claim process on habitat rights and

organise additional rounds of consultations.

To ensure that discussions on draft Habitat rights claim in the consultation are

presented properly in all the concerned gramsabhas and adequate attention is given to

ensure that PVTG opinions and voices are expressed freely. It should be ensured that

government officials are present in gramsabha meetings and provide necessary

assistance as mentioned under Rule 4 (3) of Forest Rights Rules.

To laise with adjoining DLCs and SDLCs as the case may be in instances where the

habitat rights extend over the adjoining districts and sub-divisions.

Gramsabhas

To ensure proper identification of traditional leaders

To ensure maximum participation of their women and men members including

traditional leaders and FRC members in different capacity building programs

organised on habitat rights recognition under the Forest Rights Act.

To ensure that the FRCs liasen with the FRCs of the adjoining Gram Sabhas as the

case may be in instances where the habitat rights overlap with the adjoining districts

and sub-divisions in order to reach a consensus among the concerned Gram Sabhas;

where consensus is not reached, then to approach the concerned SDLCs/DLCs for

adjudicating differences of opinion or conflicts including those with the non-PVTG

Gram Sabhas whose rights overlap with the habitat of PVTGs.


80 Vasundhara

Forest Rights Committee

To carry out the role and functions as outlined in the Rules and as instructed by the

gramsabhas.


81 Vasundhara

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ANNEXURES


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Annexure 1: Guideline for discussion in consultation with representatives

of traditional institutions and FRC members

Name of the Community:

Number of villages represented for this discussion (please attach list of villages):

District/s:

State/s:

Checklist for discussion

1. Please list the names of all clans in your community and the villages inhabited by

different clans.

2. Please explain the basis for the name of each particular clan.

a. Please mention the name of the place if it is linked to any particular place and

give more information about its location.

b. Please mention the name if it is related to any natural or other entity and provide

more details about it

c. Please mention the names of deities/Gods that are linked exclusively to each clan

and name the places if they are different for each clan

d. Please mention if there are relations between these deities/Gods/ Goddesses

(meaning if one deity/god is related to the other in some ways)

e. When and how are these deities/gods worshipped? What is the time period or

frequency? Which places are visited for worshipping the

deities/Gods/Goddesses?

f. Please narrate stories related to your clan

3. Please list out your cultural and social events and names of places where these are

organised. Please mention if there is one central place where all of your community

people come on a periodic basis or, if there are more than one place where such

events are held. Please mention any particular cultural and social events (rituals)

linked to the clan territory.

4. Please list important trees, animals, hills, stream, bushes etc. which you worship and

consider very important and sacred and provide details about their locations.

5. Please make a list of the songs and narratives (stories) about your community and

your area.


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6. Please make a list of sites which are rich with medicinal plants and wild animals. Also

please share your knowledge about paths of animals and suggest ways for better

protection of forest resources, wildlife and environment.

7. Please mention the list of cremation/ burial grounds, resting places of ancestors or any

other place considered important for the ancestors.

8. For nomadic/ semi-nomadic PVTGs: Please list and map your seasonal access

areas, route of migration, sites of temporary settlements in addition to all other

categories of information mentioned in this checklist.

9. Any other information that the community might consider appropriate to include.

Forest Rights of Non-PVTGs in the Habitat Rights area

1. Please provide list of other communities residing in your habitat

2. Please list rights over forests and other natural resources which you share with them

3. Please list their forest rights, access and use that is exclusive to them and not practiced

by your community

4. Please provide the names of Gods and deities that are commonly worshipped by you

along with other non-PVTG communities. Also please provide details about their

location

5. Do you have any type of conflicts with other communities regarding use of any forest

or related resources? If yes, please provide suggestions for resolution.

Annexure 2: Additional sources of evidence

Apart from collecting empirical evidences as per the checklist mentioned under Annexure 1,

there could be additional evidence that can be collected through secondary sources. An

indicative list of such sources is mentioned below:

District gazetteers

Settlement reports

Prominent anthropological literature on the concerned PVTG

Forest settlement reports

Reports of different committees on tribal issues

Report of Joint Parliamentary Committee on FRA

Study reports on FRA like Manthan


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Annexure 3: Examples of Indicative Habitat Maps

Process of claim filing by Kadar & Malyar in Vazhachal and sample habitat maps

Process Steps:

Data collation on resource dependency and socio economic status of settlements

Settlement meetings to explain about Sustainable Resource Use and FRA

Community mobilization to initiate mapping exercise

Preparation of resource use map – marking the areas of NTFP collection and seasonal

calendar

Preparation of Community map – marking the village area – includes house,

agricultural fields, other important things

Demarcation of Critical WL and Water areas plus NTFP depletion areas

Value addition of NTFPs and integration of resource use maps in the VSS micro-

plans

Validation of resource maps through community meetings

Agreement of all villagers on agreed boundaries of resource use areas

Claim filing paper work plus supporting documents as evidences

Claim Filing steps:

Using the Resource use maps as a base document

Kadars and Malayans have filed a community claim.

All the settlements have come together and filed claim over a single demarcated area

Panchayat Secretary received the claims from the FRC’s on March 16, 2012

Panchayat Secretary forwarded the claims to SDLC on April 30th

, 2012

SDLC has had a meeting on June 19th

, 2012- Separate Maps

Letter of no objection from Community – No disputes

DLC meets on May 1013 Final signature Jan 2014


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Status:

Titles given in 26th

February, 2014 (3 villages)

Kadar Conservation Committee formation discussions on going- Byelaws, CFR Plan,

SRU and Mon Plan

VSS and CFR management committee convergence? And also Tiger Foundation

CFR Management plan and Working plan preparation synergies being built. Tiger

Conservation Plan?

Another assessment of current resource dependency data at HH level completed

Compare with earlier baseline and develop settlement plans

DST has approved a RRC proposal to get funds for decreasing direct pressures and

value addition of NTFP

Capacity building of front line staff of Forest Department

Fish Resource use map of Vazhachal


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Mapping the BRT landscape, Solega

Methods used:

• Participatory Rural Appraisals

• Socioeconomic surveys

• Ecological Monitoring

• Ethnography and oral history

First Phase: Kula institutional workshop

Two day workshop organized in the Yarakana Gadde Community hall.

77 Soliga elders and clan leaders were participants from different Podus.

Second Phase: Collection of information on kula

Visited the 60 tribal Podus inside and outside BRT wildlife sanctuary and collected

the Kula based sacred site information.

Third phase: Mapping of the sacred sites

After identifying the sacredsites, we informed the concern Kula leaders/elders on one

day and next day took the elder/ leader to the site and mapped the sacred site.

In this fashion 489 sacred sited were mapped in all the BRT wildlife sanctuary and

sacred sites stories etc information.

Fourth phase: Sacred sites stories collection

Visited 61 podus to collect sacred site stories

Fifth phase: Second workshop

During the second workshop, presented the sacred site map.

During the workshop discussed in depth the mapping process and kula structure and Yelles.

Among them some people felt they wanted the Yelle mapped and some of them felt they did

not want. At the end of the workshop all of them agreed to map yelles.


93 Vasundhara

Sixth phase: Discussing the Yelle Map:

Discussed with selected Soliga elders on yelle issues. Visited the different Podus to discuss

the yelle map like Keredemba Podu, Kalayani Podu, Kuntugudi colony, Yarakana gadde

Muthagadda Gadde, Bedaguli, and other Podus.

Seventh Phase: Yelle Map preparation workshop

Selected elders/leaders were involved in the yelle map preparation One day workshop

conducted at ATREE field station.

Eight phase: Yelle map at the forest

After the several clarifications we visited tribal Podus and took the people to forest areas

from which to map. Sat with elders on the top of the hills and marked the yelles. Covered 46

yelles in different places

Tenth phase: Yelle Map meetings at Podus

After the final yelle map conducted meetings in 20 Podus. This was done to discuss whether

fixing these boundaries might cause conflict

11th phase: sacred sites maps distribution

Sacred site maps were distributed to all podus

• Tribal Schools

• Forest department, Tribal Welfare departments and individuals

• Distributed to visitors/researcher


94 Vasundhara


95 Vasundhara

Annexure 4: International legal initiatives to recognise Habitat/ Territorial

rights of local communities.

PHILIPPINES

In the Philippines, rights of indigenous communities are recognized under the Indigenous

Peoples’ Rights Act (IPRA) 1997. This Act recognizes the right of indigenous communities

to their ‘Ancestral Domain’.

Under S. 3(a) of IPRA, Ancestral Domain is defined as – “all areas generally belonging to

indigenous communities or indigenous peoples comprising land, inland water, coastal areas

and natural resources therein, including mineral resources”.29

Essentially then, an ancestral

domain consists of the entire area that was traditionally roamed by nomadic communities and

includes claims to both land and water.

The IPRA includes the principle of “self-delineation” – indigenous peoples are granted full

authority to determine the extent and boundaries of ancestral domains, and to use and dispose

of resources. The Act also recognizes the applicability of customary property rights and

relations for economic, social, cultural well-being of the community, as well as the right to

manifest, practice spiritual/religious traditions and protect spiritual sites within the ancestral

domain. Moreover, the IPRA provides that indigenous peoples living in contiguous areas of

communities can constitute their own local government according to the Philippines Local

Government Code, and maintain and develop their own political structures.

An example of an ancestral domain claim is of the Ilonggot over Luzon Island, comprising an

area of 136,000 hectares, which is the largest ancestral domain in Philippines.

29 An Ancestral Domain is distinguished from a Native Title, however, the latter is a categorization based on

the Spanish conquest and is hence only marginally relevant in the Indian context.

A Native Title is defined in the IPRA as – “pre-conquest rights to land and domains, which as far back as

memory reaches, have been held under a claim of private ownership by indigenous communities/indigenous

peoples, have never been public lands and are indisputably presumed to have been held that way since before

the Spanish Conquest”. Right to Ancestral Domains can be recognized via native title as well.

The Doctrine of Native Title (Cariño doctrine) was laid down by the US Supreme Court in the case of Mateo

Cariño v. Insular Government 1909, as an exception to the Regalian Doctrine/Doctrine of Eminent Domain. The

Cariño doctrine states that lands held by indigenous communities since time immemorial as owner is private in

character and has never been part of the public domain. It is argued that this doctrine is a part of the IPRA as

well. However, the State retains authority and sovereignty over disposition of resources in ancestral domains,

for instance, where the State grants permits for logging and mining even in recognized ancestral domains.


96 Vasundhara

Another example is of the Calamian-Tagabanwa of the Corona Islands, who have received

ancestral domain title over Corona Island and its surrounding waters, an area of 15,000

hectares. Some of the particular sites owned by the Tagabanwa under this title include –

particular farm sites owned by particular clans

caves with swift birds : the Tagabanwa trade in Birds’ nests, which are edible

islets, caves and white sands around Corona Islands which are used as burial

sites

13 sacred lakes in the mountains of the island

Waters of the coasts, where only traditional fishing practices are allowed

Squid reef, where fishing is prohibited

The community is governed by a Council of Elders, with 30 members, called the Mamepet.

Permissions are needed from the Mamepet to enter any sacred natural site, including the

abovementioned 13 lakes. Other rules include things like the prohibition of cutting trees,

hunting and swidden farming in scared forests and the use of only spear and hook fishing in

lagoons where the fish shelter their eggs.

CANADA

Canadian law recognizes the inherent right of the indigenous peoples to the land. This was

first accepted under the Royal Proclamation of 1763 which mandated the Crown to enter into

an agreement with the Indigenous Peoples to settle on any part of their territory. This

principle is now constitutionally protected under the Inherent Rights Policy.

Under the Indian Act, land belonging to the First Nation Peoples is declared as ‘Reserve

Lands’; authority is divided between the Indigenous Peoples and the government on tax,

justice, fiscal relations, environment etc. The exact division of authority is based on

comprehensive agreements between the Indigenous Peoples and the government of Canada,

and determine the diversity and extent of ownership and control over resources.

The most comprehensive of these agreements is the one between the Inuit and the Crown

under the Labrador Inuit Land Claims Agreement and the Nunavik Inuit Land Claims

Agreement. These treaties are constitutionally protected. The Labrador Agreement composes

of a settlement area of 15,800 sq. km., and covers rights over land, right to water “on, in

under, flowing through” the territory, sub-surface resources of up to 25%, and consultation

procedures for any activities by the government in the adjacent ocean.


97 Vasundhara

The Agreement calls for a Labrador Inuit Constitution, and also establishes a Nunatsiavut

Government. The Nunatsiavut government makes laws relating to education, health, culture,

marriage, land administration, environment etc. In case of conflict with federal or provincial

law, in most cases Inuit law prevails. There is also established a Nunatsiavut Assembly with

elected members; the Assembly has representation from each of the AngajuKkak (chief

executive officer and mayor) of the local community governments of the five Inuit

communities that are part of the Labrador Agreement. The Nunatsiavut Government is

recognized as a regional government within the province of Newfoundland and Labrador.

MALAYSIA

The principle of pre-existence of native rights, i.e. the derivation of rights from customary

law rather than statute, is now established. Malaysia recognizes the concept of ‘Native Title’,

the interpretation of which term has been expanded through some landmark judgments:

Adong Kuwau case – Native Title interpreted as the right of the native to continue to

live as his forefathers had done.

Sagong Tasi case – Rights of aborigines over land is common law. The Orang Asli

(original/indigenous peoples) were deemed to have community title even over

ungazetted land.

Nor anak Nawayi case (Sarawak) – The headman of the Iban in Rumah Nor claimed

that the Borneo Pulp company, which had been given a provisional lease by the

government, had trespassed into ancestral lands. The High Court of Sabah and

Sarawak recognized native customary rights over the entire pemakai menoa

(territorial domain), including both the temuda (cultivated landscape) as well as the

pulau galau (the uncultivated cultural landscape).

An interesting model of self-governance is that of the Kadazandusun village of Bundu Tuhan,

spread over the hills, valleys and southern foothills of Mount Kinabalu, a Native Reserve of

1263 hectares. It brings together elements of traditional governance systems and modern

democratic models. The governance structure comprises of a Community General Assembly,

which is reported to by the Chairpersons and Executive members of the 3 administrative units

of Bundu Tuhan, as well as 8 Ketua Kampungs (village chiefs) and 1 Ketua Anak Negeri

(Native Chief).


98 Vasundhara

AUSTRALIA

The indigenous peoples of Australia have adopted the word ‘Country’ as an English

approximation to describe the complex layers of meaning attached to their place of origin and

belonging. This concept of a ‘Country’ is central to indigenous peoples across Australia.

It was only in 1992 that Native Title was formally recognized. The Native Title Act

established that indigenous customary title to land survived British colonization and persisted

where land had not been explicitly alienated. Other than the federal act, there are also various

state acts which determine the range and diversity of the rights of indigenous peoples

Under the Wik claim in 1994, 6000 sq. km of Native Title in Cape York co-exists

with a pastoral lease.

The Dhimurru Indigenous Protected Area, formerly an ‘Aboriginal Reserve’ which

was transferred to the ‘Traditional Owners’, consists of an area of 92,000 hectares in

North-East Arnhemland, includes Bremar Islands as well as 9000 hectares of coastal

waters. There are 13 clans that live in the area that operate through a Corporation.

Separate Land Rights Act were passed in South Australia – The Anangu Pitjantjatjara

Yankunjytjatjara Land Rights Act 1981, which transferred ownership of 102,650 sq.

km of native territory; and the Maralinga Tjarutja Land Rights Act, 1984 which

transferred 81,373 sq. km of territory to the traditional owners.

FIJI

There is a high degree of native land tenure in Fiji for the i Taukei (Indigenous Peoples of

Fiji). Fiji law recognizes the concept of i Taukei Land or Native Land, with 88% of the total

land of Fiji being owned by the i Taukei. Formalized land ownership in the form of i Taukei

Reserves occurs at the mataqali (clan) level; the individual membership of each mataqali is

recorded. The mataqali was recognized as a central proprietary unit under Fijian law, with a

right to sue and be sued by the case of Waisake Ratu. According to Section 3 of the i Taukei

Land Act, “native land shall be held by native Fijians according to native custom as

evidenced by usage and tradition” and includes rights to fishing, hunting, collection etc. for

members of the mataqali.


99 Vasundhara

Annexure 5: FRA Implementation Issues in Chhattisgharh &

Conservation Zones

5.1. Conservation Zones

The earliest tiger conservation efforts in the Baiga territory started way back in 1955 through

establishment of Kanha National Park and Tiger Reserve was created in 1974. As per a data,

44 forest villages are located inside the Tiger Reserve, out of which, 25 villages have been

relocated outside the reserve (Gautam, 2011. It should be noted here that all are

predominantly Baiga villages came within those reservation. In recent times, a Kanha –

Achanakmar Tiger Corridor is being proposed that stretches through the whole Baiga

territory across the Maikal range. The same area was declared on 30th

March, 2005 by the

Government of India as Achanakmar – Amarkantak Biosphere Reserve covering an area of

3835.51 square kilometres spread across the States of Chhattisgarh and Madhya Pradesh

which happens to be the 14th

Biosphere and 2nd

such in Madhya Pradesh. This was also

included by UNESCO on 11th

July, 2012 as part of its World Network on Biosphere Reserve.

The recent working plan of Dhindori forest division list out 21 forest and 2 revenue villages

that falls within the path of the corridor and suggest that they put indirect or direct impact on

the corridor. However it is important to note that this data only represents a part of

information of the corridor. Though detailed information on the corridor is scarce and it is not

clear if any proposal in this regard has been send to the Central government by the concerned

state governments. This message of tiger corridor which might lead to further eviction of

Baigas has however spread to different parts of the Baiga territory which has made them

apprehensive and in several places we went baiga leaders voiced their opinion against any

such proposal that would seek their eviction. Some Baiga leaders from upper hills are though

willing to shift if they get good cultivable lands.

In addition to setting up such conservation zones, the impact of eco-tourism on Baiga

territory might require a serious review. During field survey, we come across one such eco-

tourism site being built in a village called Sarodha Dadar (GP – Rajadhar, Block – Bodla,

Dist – Kawardha), the construction of which started in 2011 and has been named after the

Baigas – ‘The Baiga Resort, Sarodha Dadar’. While the construction is on-going and there is

signboard put warning trespassers. Our discussion with the concerned villagers suggested that

the land over which the resort is being built belonged to several Baiga families who were

doing agriculture there and paltry amount was paid and the land was taken away. Secondly,


100 Vasundhara

the Baigas are complete unaware of the proposal of such a resort coming up in their area and

clueless about whether they would have any management stake over it or would have share of

the revenue the resort might yield. Few leaders noted that building up of the resort has seen

lot of outsiders coming in their area, doing unsocial things which includes prostitution,

drinking etc. having negative impact on their adolescent population. As of now a chowkidar

has been temporarily appointed for the resort who belong to their village. The villagers

appear unhappy with the whole thing but are too afraid of the forest department to raise their

voice. Eco-tourism projects like this can be a pseudo land grab that might lead to further

marginalisation of Baiga communities who are highly vulnerable and susceptible to

exploitation.

5.2. FRA implementation issues and Baiga land alienation: Case Studies

(a) The Case of Gouthu Ram Baiga and 11 other Families

Gouthu Ram and 11 other baiga families belong to Upka - Bijapara hamlet of Damgarh

revenue village which also happens to be panchayat headquarters. As Gouthu Ram, a

community leader suggests that these families have been living here for at least three

generations before independence. They had applied for title under FRA for the portion of

land under their occupation for agriculture in compartment number 447 of Kukdur forest

range in the year 2009. The concerned gramsabha of Damgarh passed a resolution dated

26.08.09 in its gramsabha considering the proposal of individual claims endorsing the claims

of these Baiga families suggesting that they have the land under occupation since 2000.

However since then they have been waiting to get their titles. Gouthu Ram claims that they

have been forced to file claim forms at least 5 times as they were told every time by the SDM

office and foresters that their forms have been misplaced. Even before FRA was implemented

these families have been petitioning authorities for regularisation of their lands and even

wrote letter to the Prime Minister during that time. The PMO in its letter to the Chief

Secretary of the state (letter no: 04/3/2006-PMP-4/451851) to take appropriate action. Since

then he had written to the SDM, Tehsildar, Office of the Vice-President of India and to Ajit

Jogi, MLA from Marwahi constituency. The office of the Vice-President in the letter (letter

no: and VPS 24/06/2013 (P)) to the Chhattisgarh Chief Secretary have drawn their attention

to the issue of recognition of their claims over the forest lands. Mr. Ajit Jogi in his letter

(letter no: 1342/APKJ/2012) dated 04.10.12 has asked the collector to take appropriate action

for issuing them title over the forest land. Subsequently, owing to these pressures, the

Collector Kawardha wrote a letter dated 29.08.13 to the Assistant Commissioner, Tribal


101 Vasundhara

Development (letter no: 1346/Van Adhi./ajak/2012-13) with a direction to take the matter

seriously as there has been instructions from the VP office and urged him to take appropriate

action and further inform his office about the action taken. Till date the families have not yet

got the titles. Under RTI, Gouthu Ram had demanded information regarding the proceedings

of the gramsabha and about other developmental programs which the secretary initially

refused to give. After repeated pressure, the secretary wrote a letter to them demanding a total

of Rs. 111200 from six persons and one of the letters further suggested that since they all

belong to BPL category, a discount of Rs.100 per person!! One person suggested, panchayat

mein to jyada gadbadi hai, na koi sune hai, na sachiv sune hai’ (there are more problems at

the panchayat level where nobody listens to us and not the Secretary as well).

Gouthu Ram alleges that the forest department has been opposing their claims from the

beginning. In 2003-04, the department dug up their lands for undertaking plantation but

relented after intense resistance of local Baigas. Even the land was under the occupation of

the concerned Baiga families, the forest department tried to carry out plantation again on their

land which was opposed by the Baigas. Consequently, the Executive Magistrate of Pandaria

issued a notice to some of the Baiga leaders like Gouthuram, Kartikram and Mangru in case

no: 121/80 for possible breach of law and order and directed them to be present in the court

on an appointed date and furnish a surety of Rs.3000 per person which they did. They

complain that the forest department have been demanding Rs.7000 from each of the families

but they could only arrange for half of the money and subsequently lodged a complaint

following which the Ranger was suspended. The forest department continued to harass them

even after they had filed their claims under FRA. In 2012, they imposed and collected

monetary fine of Rs.1000 citing violation of Section 33 (1) (c) of the Indian Forest Act which

is in gross violation of section 4(5) of the Forest Rights act. He alleges that the SDM also

does not listen even after seven months have passed after the collector wrote letter. They have

some revenue land but they could not find concerned records in the tehsil office and suggest

that they have been given false titles in the form of loan register. The Baiga families further

allege that while they have been denied titles, many Gond families who cleared forest land

even after 2005 have managed to get titles after bribing the forest department and took me

around few sites where recent felling can be traced with major stumps of tree being found

intact. There were also allegations that in some villages, school teachers have occupied forest

lands and have managed to manipulate the gramsabhas and in connivance with the local

forest department staff have received titles over such lands.


102 Vasundhara

Naresh Bunkar, a local activist suggested that the main Damgarh village has 80 Baiga

families but none of them have got titles.

(b) Defying High Court Orders

Around 24 tribal families (including 8 Baiga families) of Bhangi Tola village under Polmi

gram panchayat, 4 gond families of Lututola village under Damgarh grampanchayat and 8

Baiga and one Gond families of Bhelwanakan under Polmi grampanchayat and 24 Baiga

families (out of a total of 33 claimant) of Chitadabri village under Mathiupur panchayat had

filed their individual claims in the year 2011 which was subsequently passed by the

concerned gramsabhas and sent to SDLC. In Bhangitola and Lututola, during field

verification, the Deputy Forest Ranger, Mr. Lahre told them that only if they pay up Rs.3000

per family, he would ensure patta within two months of field verification or all claims will be

rejected. The families obliged and even after one year of wait, they didn’t get any title.

Subsequently they complained to the Collector, Kawardha as a consequence of which the

concerned Ranger and Forest Guard were suspended. However the forest department

continued with eviction threats.

With the help of one local NGO, these communities subsequently filed petitions with the

Bilaspur High Court for disposal of their claims and protection from eviction. The High

Court directed the concerned DLC to urgently consider their claims and dispose them within

a maximum period of 2 – 3 months and allowed them to approach the concerned SDLC for

protection from eviction (vide order dated 16.7.2013 for Bhangitola; order dated 24.01.14 for

Lututola; order dated 14.02.14 for Bhelwanakan and order dated 20.01.14 for Chitadabri).

Subsequently they wrote to the concerned SDLC and DLC to process their claims citing the

High Court order. Even after the outer limit set by the High Court has passed, the SDLC and

DLC is yet to act upon their claims that have already been approved and recommended for

title by the gram sabha. Local activist working in the area informed us this has been a

common situation in the region and especially the Baiga communities have been marginalised

in the whole process and in many places forest land under their occupation has been claimed

by other tribal groups/ other communities through deceiving them and also considering that

people of Baiga community happen to be the least aware about Forest Rights Act.

(c) Baiga land lost to non-forest dependent and other communities

It is alleged that three persons who are government teachers and another person connected to

the family have wrongfully filed their claims by hiding their profession in connivance with


103 Vasundhara

the local Forest Rights Committee and have got titles over land which was under the

occupation of Baigas. The details of the persons as per a complaint made to the Sub-

Divisional Magistrate by baiga representative is given in the following table:

S.N. Name of the claimant

accused of filing false

information to make

claim under FRA

Actual

Profession

Community Title

Area

(ha)

Forest

Compartment

number

1 Balaram S/o Ramdhari Siksha Karmi

– 3, Primary

School, Neur

Dhoba30 0.55 236

2 Bhupendra S/0 Ganesh

Ram

Teacher,

Baiga Balak

Ashram

Dhoba 1.50 403/1 A

3 Bhuvaneshwari D/o

Rambharose

Siksha Karmi

- 3, Kanya

Ashram, Neur

Dhoba 1.60 403/1 A

4 Bishnuprasad S/o

Ganeshram

Rozgar

Sahayak

Dhoba 0.60 403/1 A

5 Jaleshwar S/0 Ganesh

Ram

Dhoba 0.60 403/1 A

The complaint suggests that the above persons belong to the same undivided family who in

connivance with FRC, Sarpanch, GP secretary and the Patwari have managed to file claims

with false information citing them as agricultural labour (Krishi Mazdoor) and have managed

to get title over the aforesaid lands which were actually developed and in possession of

Baigas. The complaint has demanded revocation of such titles and return of the land to

Baigas.

During field visit, we were told about similar instances of taking over of land of Baigas by

other communities with regard to forest land under their occupation, this trend of Baiga land

30

The Dhoba community is considered in the backward category in Chhattisgarh while it is learnt that this community has filed petitions for their recognition as Scheduled Tribes.


104 Vasundhara

grabbing appears to have escalated. In Damgarh, it was alleged that around 10 acres land of

one Dasri Bai, a widow was taken over by Dhoba communities around 15 years ago by

threatening her. The land belongs to revenue category but the local Baigas assert that their

occupation would be more than 70-80 years. Their land patta was allegedly taken away by

Dhoba communities by deceiving them using a lawyer and though there was intervention by

government officials, the woman is too afraid to complain. Similar cases were reported in one

nearby Parsatola where around 2.5 acre of one Gopi has being captured and he appears to be

equally afraid to complain. Gouthu Ram of Upka suggested that his father had developed

more than 50 acres of revenue lands which was subsequently taken by others. It is alleged

that people from other communities in connivance with Patwari and local officials have

managed to get patta over those lands. A baiga laments, aajkal to patta ka jamana hai aur

kuchh ka nai. (In today’s time only patta is recognised and nothing else). In Upka hamlet, as

Gouthu suggests that there used to be 20 families who had settled but only 3 families

remained and others fled when their lands were taken away (those three families have now

grown to 12). He suggested that even he was pressurised and threatened to leave but he stood

his ground somehow though around 50% of his land was taken away. Baigas being peaceful

communities avoided confrontation with communities like Dhobas who came much later and

whenever anybody would try to complain, they had to return empty handed for want of

legitimate title in their hand – patta nahin to pen-e nahin uthae (if we cannot show the patta,

they would not lift the pen to register their complaint). They even doubt if the Dhobas had a

known origin; one Baiga leader suggested, jab pooche to batata hai ki beej to Gond ka hai,

maa ko janta nain (they do not know the female counterpart of their original ancestor).

As per data collected based on discussion with allegedly original victims of land alienation,

we could identify three other families from few villages of Amania gram panchayat under

Pandariya Block, the details of which are given as under:

S.N. Name of

the alleged

victim

Village Panchayat Area

(in

acre)

Type of

Land

Land

details

Name of

the alleged

land

grabber

1 Kasnshiram

S/o

Amania 6

acre

Revenue NA Ratiram

Dhoba S/o

Habruram


105 Vasundhara

Jethuram Dhoba

Motila S/o

Lodhi

Dhoba

2 Baiju Baiga Samardaha

(Kolihatola)

NA Revenue Khesra

No: 218/3

Rakba:

1.669/4.40

Khata no:

42

Bhu-

adhikar

Rin

Pustika

Kramank:

870975

Ramji

Gond S/o

Hira

3 Tok Singh

S/o Pritam

Bangar Sendurkhar 17 Revenue NA Dharmu

S/o Guddu

Singh

(Dhoba)

Santram

S/o

Dharmu

4 Ramji S/o

Dhoba

Baiga

Kushiari Neur 3 Revenue NA Sadhuram

Deolal

Dhoba

NA Bhagwanta

S/0 Deolal


106 Vasundhara

5 Lallu

Dugalu

Baiga S/o

Dukalu

Baiga

Amatola Putputa 5 Forest

land

NA Birjha S/o

Mansingh

Dhoba

6 Bhaiyalal

S/o

Mahajan

Baiga

Amatola Putputa 3 Revenue NA As above

7 Baisakhu

S/o Pitaru

Amania Amania 5 Forest

land

NA Motilal S/o

Lodhi

Dhoba

8 Lalu S/o

Matwar

Baiga

Amania Amania 3 Revenue NA Amrit Lal

Pahatia

(Dhoba)

9 Bisnath Dewanpatpar Helki 5 Revenue Maturam

S/o

Mahasingh

Dhoba

Bhagwant

S/o Deolal

Sidhram

S/o

Baliram

While Baiga people would privately admit to numerous such cases of land alienation, they

are afraid to record the details for fear of repercussion from influential and dominant

communities like Gond and Dhoba in the region. A local baiga community leader from

Amania panchayat suggested that there are numerous cases of land alienation of Baigas as

they were able to skilfully clear the forest lands and develop agricultural field but have little

wherewithal and social and political power to effectively control those lands. It is imperative


107 Vasundhara

that the government undertake an independent evaluation of such inter-tribal land alienation

process to have an in-depth understanding of the problem so that necessary strategies can be

formulated to tackle it.

5.3. Threat to Baiga Identity and Habitat

(d) Problem in getting caste certificate

Baiga villagers also complained of facing serious hardship in getting caste certificates. As

many Baiga households do not have patta over revenue land occupied by them or a lot of

them also do not have revenue land under their occupation, they are not able to get missal

abhilekh (mentioning year of settlement and name of ancestors) which is considered by

government officials as one of the key basis of issuing caste certificates. In addition to this,

in many cases where Baigas do have revenue records, their castes have been mentioned as

bhumia (because sometimes they also refer to themselves as Bhumia baiga and government

people have preferred to record only part of it) which also makes establishing their identity

difficult.

(e) Adopting surnames/ gotra names of other communities

Over time, Baigas have been found to have adopted surnames/ or clan names of Gonds like

markam, dhurwe, marawi, porte etc. which can be linked with growing political and social

importance of Gonds in the region and growing ridicule of Baigas due to their distinct

features like ornaments, wear, make-up, long hair etc. As revealed during field visit, they

would actually start to tell the gotras of Gonds when asked and many of them would actually

feel shy to tell their gotra and it appeared that many of them feel ashamed to reveal their

identities probably due to their lost social and political status in the region which started with

the permanent settlement process initiated by the British and their subsequent alienation from

forest. These phenomenon have also been noted in earlier works on Baigas but appear to have

assumed deeper roots in contemporary times.

(f) Marginalised by ‘development’:

Micro-project approach for their development appear to have failed to produce the desired

output in absence of any need based and Baiga driven development initiatives in the region.

The Baiga Vikash Abhikharan (BVA) prima-facie appears to act as a fund channelizing

agency as all the special and additional funds are fully diverted to line departments including

forest department for implementation pre-planned developmental interventions. Also as some

current and previous members of Governing Body of BVA alleged that they hardly have any


108 Vasundhara

stake in the decision making process which is virtually controlled by the collectors and other

local political persons like MLA. It is imperative that the government should consider a

serious re-thinking on the development approach adopted for Baigas and should also carry

out an evaluation of intervention and functioning of special development agencies.

(g) Degrading Health

While population of Baigas has increased, it has been difficult to find very old people in the

settlements visited as most of them are no more and it can also be observed that the average

longevity has also probably gone down. In addition to a reduced basket of nutritious food

from bewar, reduced number of game/ wild animals has also lead to loss of a good source of

protein for the Baigas (Gangwar and Bose, 2013). Their degrading health is one important

aspect of their marginalisation. I was told that instances of TB amongst Baigas has increased

manifold, however the government medical centre would not certify most of the cases even

after detection as their responsibilities and work load would increase.


109 Vasundhara

Annexure 6: Community Reports

5.1 List of Clan identified in field study

Clan of Baigas

S.N. Name of the Clans Name of the Garh

1. Kachnaria Kachnari, Deonari

2. Rathudia Rathkhatigarh/ Rathodgarh (Village

Latkhati)

3. Dhutia -

4. Machhiya -

5. Girhudia Girhudgarh

6. Ratrangia Ratanpur

7. Mandhaia -

8. Sadia Sarangarh

9. Mangadia Manglirajgarh, Chhilpigarh

10. Dhahia -

11. Amthuria -

12. Kudhopania -

13. Dewaria -

14. Baddahiya -

15. Amdaria -

16. Sadia -

17. Basia -

18. Jhumaddhia -

19. Mindakia -

20. Chikhalia -

21. Bagdaia -

22. Turia -

23. Chadchadia -

24. Saradia -

25. Ghangharia -

26. Telasia -

27. Nigunia -

28. Pangaria Palangar


110 Vasundhara

29. Kukaria -

30. Barangia Bargighat

31. Belkaria -

32. Barghatia Barghat

33. Odaria Near Boda village of Anooppur district

34. Totaria Tantargarh

35. Dhondia Dhinagarh

36. Nigunia Nigurgarh

37. Chandonia

38. Padia

Note: - It can be observed that the Baigas mostly would not know garh of other clans but are

aware of the types of clan living in their villages hence, it was not possible to know the garh

of any particular clan, members of which were not present during field visit meetings, FGDs

and individual interaction.

5.2 List of Baiga clan/garh31

S. No. Name of the tehsil Name of the garh

01 Mandla 1 Kakuria

2 Phalturia

3 Murakia

4 Udaria

5 Upharia

6 Timania

7 Baradakia

8 Pachgaiha

9 Palia

02 Dindori 1 Bararia

2 Telasia

31

Elwin, V. 1939. The Baiga , Oxford University Press, London


111 Vasundhara

3 Kukaria

4 Bidhia

5 Rathoria

6 Chithuria

7 Bindhia

8 Saria

9 Ghatia

10 Daria

11 Chanaria

12 Nandia

13 Kaharia

14 Kotdaria

15 Ataria

16 Kordia

17 Kawatia

18 Pachgaiha

19 Chamaradaiha

20 Chapuria

21 Ninguria

22 Machia

23 Kamania

24 Niguria


112 Vasundhara

03 Niwas 1 Bagdaiha

2 Kisunia

3 Dhobia

4 Pachgaiha

5 Sarjania

6 Bassania

04 Pandaria 1 Jajulia

2 Upharia

3 Mudakia

4 Babulia

5 Odaria

6 Ghatia

7 Chachhuria

8 Amdaria

9 Rathoria

10 Saradia

11 Kusaria

05 Baihar 1 Kewaria

2 Pachgaiba

3 Chamaradaiha

4 Chapuria

5 Ninguria

6 Chithuria

7 Bindhia

8 Saria


113 Vasundhara

9 Ghatia

06 Rewa 1 Chithuria

2 Ghangharia

3 Pachgaiha

4 Kumania

5 Chandanihaa

6 Bhainoti

7 Aduria

8 Upharia

9 Saradia

10 Lamoriha

11 Masaniha

12 Poria

13

14 Mahataria

15 Nangbansia

16 Ghusariabadgaria

17 Dhobia

18 Basaria

19 Damgadia

20 Dewariha

21 Salgaiha

22 Sawat

23 Chandgaria

24 Damadia


114 Vasundhara

25 Chapuria

26 Paria

27 Saria

28 Dhijoria

29 Bagdaria

30 Jhimor

31 Sarjaniha

32 Amgaria

33 Dhodhia

34 Kisaniha

35 Mangaria

07 Kawardha 1 Kusaria

2 Kachnariha

3 Surakia

4 Bagdaria

5 Kawathia

6 Gondia

7 Ghangharia

8 Niguria

9 Duria

10 Jhimuria

11 Chithuria

12 Mahagia

13 Satkuria

14 Koharia


115 Vasundhara

15 Gutalia

16 Chaharia

17 Nadia

18 Amthuria

19 Dewariha

20 Rathoria

21 Jajulia

22 Dimuria

23 Odaria

24 Pathaniha

25 Pachgaiha

26 Mundaria

27 Bindhia

28 Languria

29 Lakhia

30 Ghatia

31 Jhimuria

32 Chandarania


116 Vasundhara

5.3 Figure showing the Jakesika Padar along with their natural resources which they

have access to32

.

5.4. Padar Details

Name of the

Padar

Village coming under

the Padar Block District

Sikaka Padar Lakhapadar Kalyansinghpur Rayagada

Sikaka Padar Patampadar Kalyansinghpur Rayagada

Sikaka Padar Dangamati Kalyansinghpur Rayagada

Sikaka Padar Puiebala Kalyansinghpur Rayagada

Sikaka Padar Guma Kalyansinghpur Rayagada

Sikaka Padar Waliumba Kalyansinghpur Rayagada

Sikaka Padar Kangaieu Kalyansinghpur Rayagada

Sikaka Padar Dengileli Kalyansinghpur Rayagada

Sikaka Padar Sarijola Kalyansinghpur Rayagada

32

Sources-Special drive on Forest Right: Its provisions and implementation process, SCSTRI, Bhubaneswar


117 Vasundhara

Sikaka Padar Niskalu Kalyansinghpur Rayagada

Sikaka Padar Nirghuangi Kalyansinghpur Rayagada

Sikaka Padar Kenepadar Kalyansinghpur Rayagada

Sikaka Padar Takeri Kalyansinghpur Rayagada

Sikaka Padar Sandendileli Kalyansinghpur Rayagada

Sikaka Padar Wakpadi Kalyansinghpur Rayagada

Sikaka Padar Sarivenja Kalyansinghpur Rayagada

Sikaka Padar Swerpadar Kalyansinghpur Rayagada

Sikaka Padar Karlaguda Kalyansinghpur Rayagada

Sikaka Padar Parsali Kalyansinghpur Rayagada

Sikaka Padar Bhaleri Kalyansinghpur Rayagada

Sikaka Padar Tuta Kalyansinghpur Rayagada

Sikaka Padar Kanhuru Kalyansinghpur Rayagada

Sikaka Padar Patamba Kalyansinghpur Rayagada

Sikaka Padar Serkapadi Kalyansinghpur Rayagada

Sikaka Padar Panimunda Kalyansinghpur Rayagada

Sikaka Padar Tadijola Kalyansinghpur Rayagada

Sikaka Padar Harda Kalyansinghpur Rayagada

Sikaka Padar Kunakatu Kalyansinghpur Rayagada

Sikaka Padar Palberi Kalyansinghpur Rayagada

Sikaka Padar Phuldumberi Kalyansinghpur Rayagada

Sikaka Padar Chakrabusa Kalyansinghpur Rayagada

Sikaka Padar Khemudipadar Kalyansinghpur Rayagada

Sikaka Padar Geranda Kalyansinghpur Rayagada

Sikaka Padar Melenda Kalyansinghpur Rayagada


118 Vasundhara

Sikaka Padar Lelingpadari Kalyansinghpur Rayagada

Sikaka Padar Ichapudeni Kalyansinghpur Rayagada

Sikaka Padar Arichakani Muniguda Rayagada

Sikaka Padar Gulugula Muniguda Rayagada

Sikaka Padar Kataguda Muniguda Rayagada

Sikaka Padar Narengabadi Muniguda Rayagada

Sikaka Padar Baraguda Muniguda Rayagada

Sikaka Padar Bhaliupadar Muniguda Rayagada

Sikaka Padar Sakata Muniguda Rayagada

Sikaka Padar Kaliaripeta Muniguda Rayagada

Sikaka Padar Trahali Muniguda Rayagada

Sikaka Padar Manda Muniguda Rayagada

Sikaka Padar Sanadengini Muniguda Rayagada

Sikaka Padar Badadengini Muniguda Rayagada

Sikaka Padar Jenigu Muniguda Rayagada

Sikaka Padar Kurcheli Muniguda Rayagada

Sikaka Padar Ambadani Muniguda Rayagada

Sikaka Padar Katu Muniguda Rayagada

Sikaka Padar Gayelingu Muniguda Rayagada

Sikaka Padar Sargipanga Muniguda Rayagada

Sikaka Padar Taladuargudi Muniguda Rayagada

Sikaka Padar Suduni Muniguda Rayagada

Sikaka Padar Ambaguda Muniguda Rayagada

Sikaka Padar Kargadi Muniguda Rayagada

Kadraka Padar Tepadu Kalyansinghpur Rayagada


119 Vasundhara

Kadraka Padar Parmeni Kalyansinghpur Rayagada

Kadraka Padar Tamkasili Kalyansinghpur Rayagada

Kadraka Padar Kasbandeli Kalyansinghpur Rayagada

Kadraka Padar Pudeni Kalyansinghpur Rayagada

Kadraka Padar Dhamanapanga Muniguda Rayagada

Kadraka Padar Kadraguma Muniguda Rayagada

Kadraka Padar Randa Muniguda Rayagada

Kadraka Padar Bhetkapadari Muniguda Rayagada

Pushika Padar Lamba Kalyansinghpur Rayagada

Pushika Padar Odesi Kalyansinghpur Rayagada

Pushika Padar Gorta Muniguda Rayagada

Pushika Padar Sutanguni Muniguda Rayagada

Pushika Padar Gunjapayu Muniguda Rayagada

Pushika Padar Salpajhala Muniguda Rayagada

Mandika Padar Batudi Kalyansinghpur Rayagada

Kutruka Padar Kesarpadi Kalyansinghpur Rayagada

Kutruka Padar Dahali Kalyansinghpur Rayagada

Kutruka Padar Ankuravali Kalyansinghpur Rayagada

Jakesika Padar Kusikidali Kalyansinghpur Rayagada

Jakesika Padar Mayuvali Kalyansinghpur Rayagada

Jakesika Padar Upar Batudi Kalyansinghpur Rayagada

Jakesika Padar Nachinguda Kalyansinghpur Rayagada

Jakesika Padar Engua Kalyansinghpur Rayagada

Jakesika Padar Narag Kalyansinghpur Rayagada

Jakesika Padar Bereapinda Kalyansinghpur Rayagada


120 Vasundhara

Jakesika Padar Rangsipta Kalyansinghpur

Jakesika Padar Adapanga Muniguda Rayagada

Jakesika Padar Hundujali Muniguda Rayagada

Jakesika Padar Hutesi Muniguda Rayagada

Jakesika Padar Tanguda Muniguda Rayagada

Jakesika Padar Mundubali Muniguda Rayagada

Jakesika Padar Kurli Muniguda Rayagada

Jakesika Padar Ranibandha Muniguda Rayagada

Jakesika Padar Gandili Muniguda Rayagada

Nundruka Padar Shrambi Muniguda Rayagada

Nundruka Padar Panchakodi Muniguda Rayagada

Nundruka Padar Merkabandili Muniguda Rayagada

Nundruka Padar Upardurugudi Muniguda Rayagada

Wadaka Padar Khambesi Muniguda Rayagada

Wadaka Padar Erpibata Muniguda Rayagada

Wadaka Padar Gartali Muniguda Rayagada

Wadaka Padar Khajuri Muniguda Rayagada

Nishika Padar Ningabadi Muniguda Rayagada

Nishika Padar Rangamba Muniguda Rayagada

Nishika Padar Bandili Muniguda Rayagada

Nishika Padar Kirina Muniguda Rayagada

Nishika Padar Kudiguma Muniguda Rayagada

Nishika Padar Tonda Muniguda Rayagada

Nishika Padar Kocharla Muniguda Rayagada

Nishika Padar Borgoda Muniguda Rayagada


121 Vasundhara

Kruska Padar Chalibata Kalyansinghpur Rayagada

Kruska Padar Kruskamuya Kalyansinghpur Rayagada

Kruska Padar Kumbali Kalyansinghpur Rayagada

Kruska Padar Tinimaska Kalyansinghpur Rayagada

Kruska Padar Tadmuyu Kalyansinghpur Rayagada

Wanjelika Padar Khambesi Muniguda Rayagada

Wanjelika Padar Jarapa Muniguda Rayagada

Wanjelika Padar Himandi Muniguda Rayagada

Wangesika Padar Chatikona Muniguda Rayagada

Wanjelika Padar Bemberi Muniguda Rayagada

Wanjelika Padar Donopadari Muniguda Rayagada

5.5 Details of forest land coming under the four blocks (Muniguda, Bissamcuttack,

kalayansinghpur, Lanjigarh) coming within the the Habitat area of Dongria Kondh.

Id Forest_name

For

est_

type Plantation

Type_of

_tree

Remark

s Perimeter Acres

1 Dahikhala RF RF Dense Jungle Sal 0.24140247 3416.378

2 Patragurha RF RF

Open Mixed

Jungle Sal 0.04990564 438.6578

3

Patragurha

RF(Proposed) RF

Open Mixed

Jungle 0.06806666 439.631

4

Karhaghati

RF(Proposed) RF

Dense Mixed

Jungle Sal 0.08007899 590.8696

5

Bamunidangar

RF(Proposed) RF

Dense Mixed

Jungle Sal 0.09563049 1474.809

6 Birli RF RF Fairly Dence

Sal 0.06320975 482.8204


122 Vasundhara

Mixed Jungle

7

Deokupuli

RF(Proposed) RF

Dence Mixed

Jungle 0.12767052 1565.179

8 (Proposed) RF 0.03179361 163.7018

9 Kudilima RF RF

Dence Mixed

Jungle Sal

Gumuni

Dangar 0.10381938 1315.728

10 Jambragurha RF RF 0.03828213 142.2345

11 Sakata RF RF

Open Mixed

Jungle 0.08678116 571.9876

12 Goilakana RF RF

Open Mixed

Jungle

Pathar

Dongar 0.0828813 1165.446

13

Sarambi

RF(Proposed) RF

Dence Mixed

Jungle 0.10550302 1562.009

14

Raula Jhimiri

Extension Reserv RF Dense Jungle Sal 2.52417339 63291.37

15

Ambadala

RF(Proposed) RF Dense Jungle Sal 0.28062283 4114.553

16 (Proposed) RF 0.02789129 124.2807

17

Siringul

RF(Proposed) RF 0.02744547 134.2437

18 (Proposed) RF 0.01745233 66.09504

19 (Proposed) RF 0.03696895 166.8286

20

Sorisapadar

RF(Proposed) RF Dense Jungle Sal 0.17287868 1615.03

21

Tima

Dangar(Proposed) RF 0.0280797 139.6775

22 Dhepagurha RF RF

Dence Mixed

Jungle 0.10499166 1189.413


123 Vasundhara

23 Chhatapadar RF RF

Open Mixed

Jungle 0.065285 583.2117

24 Singari RF RF Open jungle Bamboo 0.09597677 555.7031

25 KanaSaralu RF RF Open jungle Sal 0.29289401 2910.52

27 RF

Dence Mixed

Jungle 0.03357903 158.4591

28

Nipania

RF(Proposed) RF

Open Mixed

Jungle 0.06333653 523.1734

29

Polama

RF(Proposed) RF 0.05030038 208.4009

31

Suha

dangar(Proposed) RF 0.04357767 221.1252

32 (Proposed) RF 0.01851707 39.62963

34 Samajhola RF RF Dense Jungle

Bamboo

& Sal 0.97673015 16802.87

33 RF 0.05611995 208.9943

35 Sargigurha RF RF Open Jungle Sal 0.32866319 6836.619

36 Dhepagurha RF RF Dense Jungle Sal 1.01376796 19864.1

37

Barhuni

RF(Proposed) RF

Fairly Densed

mixed Jungle 0.49099997 8871.135

38 Padaba Rf RF 0.0591489 318.8365

39

Latagurha

RF(Proposed) RF

Fairly Densed

mixed Jungle Sal 0.07849281 810.2123

40 (Proposed) RF

Fairly Densed

mixed Jungle Sal 0.04933799 235.8952

41 Chengili RF RF

Open Mixed

Jungle Sal 0.08139467 904.1059

42 Chatikana RF RF Dense Mixed

Sal 0.40856746 6554.116


124 Vasundhara

Jungle

43

Gangaparha

RF(Proposed) RF 0.09310222 415.9092

44

Ghagurupadar

RF(prpoposed) RF

Dence Mixed

Jungle 0.07647638 628.849

26 Bijaynagar RF RF

Dence Mixed

Jungle 0.73829802 11332.99

45 Bengbhata RF RF Dense Jungle Sal 0.2856175 4106.554

46 (Proposed) RF 0.06567308 320.9863

47

Bijepur

RF(Proposed) RF Open Jungle Sal 0.23063749 2949.617

48 Paharhapadar RF RF 0.2231191 4060.39

49 Kankubarhi RF RF

Dence Mixed

Jungle Sal 0.15130719 1989.218

50 (Proposed) RF 0.03653048 143.84

51 (Proposed) RF 0.0469888 210.1359

52

Alanda

RF(Proposed) RF 0.06502773 227.0972

53 (Proposed) RF 0.03391231 122.4947

54 Sajja PF PF

Fairly dense

mixed jungle 0.23038816 3433.893

55 Proposed RF

Open mixed

jungle 0.03462752 143.3243

56

Ribalkana

RF(proposed) RF

Dence Mixed

Jungle 0.62052965 18319.91

0 0.30588951 2456.326

58

Satbishi

RF(Proposed) RF 0.04531295 423.939


125 Vasundhara

Source: Topo-sheet

5.6 Land Mark Identification

The boundary of the Pidha is demarcated by certain landmarks like:

North South

Kainjhar river NH-6

Chakadhar (Water body) Ek Phalia hill

Dharam dwar in north west

Badam chaturi (a huge rock boulder)

Dumbak

West East

Kheljharan Telichuan hill

Bharidgachha (Harida tree)

Name of the

Pidha

Dependency on Mountain,

Spring & Forest

Resource Dependence

Satkhand Pidha Hills

1. Ek Phalia

2. Dharma dwar

3. Telichua

Lac, Wax, Honey, Harida,

Bahada, Fulajhadu, Siali

leaf, Siali Pat, Daranga Pat, Kumbha

chhali or Jenga chhali, Gangasiuli,

Bhuinimba, Basturachhali,

Fesaphenaphala, Agnijhal,

Pitalu kanda, Bainga, Tunga,

Saigakanda,

Kantaalu, Mandaialu, house

accessories, Kendu, Char, Mango,

Panasa, Putei, Pachariphala,

Bhaenresaga, Salaraphala, Bhelia,


126 Vasundhara

Pijuli, Kusuma etc.

Water bodies

4. Baitarini

5. Kainjharan

6. Chakadhar

Place of worship

Gonasika Temple

Villages of all the Pidhas

have access to this temple