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Updated by
Published on
September 11, 2016
May 17, 2022
Edited on
September 11, 2016
Since 2008, tribal community living within the forests near to Mangalam dam in Palakkad district have been demanding forest rights under Forest Rights Act of 2006.
In 2016, the members of Malaya tribal community at Palakkad initiated land struggle to demand for forest rights. Over 75 members belonging to 19 families lived on a rock filled land in Kadappara tribal colony in Palakkad. The families sought ownership over 22 acres of forestland under Forest Rights Act of 2006. Though the land is classified as forest, the occupied area was surplus land taken back by the government from a local landlord. The land has no character of a forest and its boundaries are agricultural lands occupied by settlers from Kottayam and Ernakulam districts, as claimed by a tribal community member. They demand forest rights as it will give them right over minor forest produce, besides, ensuring them a right to stay on the land.
In September 2016, after about six months of struggle, the State government agreed to allocate them 14.67 acres of reserve forestland which they occupied. The state government informed of the equal division of the land among the families. A subdivisional committee comprising representatives of Forest, Revenue and SC/ST departments apart from peoples representatives was created to to finalise the official process in this regard.
The district collector of Palakkad ordered for equal distribution of the land among the agitating families. But the forest and revenue departments created legal hurdles in the implementation. The tribal people claim that although the procedures to hand documents were initiated, the forest departments claimed their ineligibility over the land. In December 2016, a group of tribal members went to meet Chief Minister Pinarayi Vijayan to hand over a written petition seeking redress of land issues faced by them when they were blocked and harassed by the police in Palakkad. They alleged that the police stripped them and detained them on false charges of having relations with Maoists.
Other tribal communities from Attappadi are similarly struggling to claim forest rights. It was reported that around 4382 claims have been filed of which 1831 were rejected, according to K.A. Ramu from the Attappadi tribals welfare.
Meanwhile, in August 2017, the Scheduled Tribe Welfare minister of Kerala informed the Kerala Assembly that a high power committee will be formed to determine scheduled tribe areas and the land rights of the people living in the areas. However, the efforts to find out the workings of this committee never materialized.
Since 2017, many people from the area have taken up arms and joined the CPI (Maoists). The state has posted personnel to counter the alleged threat. The people, who are still struggling for their basic rights aren't clear as to who is fighting for them. As one local villager said in a report dated November 2019, "We don't know whom to fear more the Maoists or the police. They both have guns and say they are fighting for us."
Demand for legal recognition of land rights
Demand for better access to common land/resources
Rural
Common
Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-rehabilitation of displaced people
Non-implementation/violation of FRA
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Other harassment
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Reported Details of the Violation:
In December 2016, a group of tribal members went to meet Chief Minister Pinarayi Vijayan to hand over a written petition seeking redress of land issues faced by them were reportedly blocked and harassed by the police in Palakkad.
Date of Violation
Location of Violation
Nature of Protest
Protests/marches
Government Departments Involved in the Conflict:
Forest Department, Revenue Department, Scheduled Tribes Department.
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
NA
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Kadappara Tribal Gram Sabha
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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