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Published on
October 13, 2016
May 20, 2022
Edited on
October 13, 2016
Jim Corbett was established as a national park in 1936 and was designated as a tiger reserve in 1971. In 2009, it was notified as a critical tiger habitat. The forest area in and around Jim Corbett is inhabited by the Van Gujjars, a nomadic tribe. There are about 20 villages in the buffer zone of the reserve and 70 villages located within five kilometres of the buffer zone. Since 1995, entire villages have been displaced in the name of tiger conservation.
Since the implementation of the Forest Rights Act (FRA), 2006, the people living in and around the park have been demanding recognition of their forest rights. However, the state government has denied rights to the forest dwellers. This is in part because Uttarakhand does not recognise the Van Gujjars as a Scheduled Tribe (ST), thereby making the process of claiming their rights under the FRA even more difficult.
In May 2015, officials of the forest department entered Tumadiya Khatta, a village situated in Ramnagar on the fringes of the park, and destroyed the huts and crops of the forest dwellers and assaulted women.
In December 2016, the Uttarakhand high court declared Jim Corbett as an eco-sensitive zone, ordering the immediate evacuation of the Van Gujjars living within a 10-kilometre radius. The same year, the National Green Tribunal ordered the eviction of 800 people from the core park area.
In 2018, the court further ordered the eviction of 57 families. Noting that "the state government cannot give a premium on dishonesty", the court in its order said, “Rehabilitation policies are primarily meant for those persons who are displaced by way of compulsory acquisition of their land for public projects or due to natural calamities. How the state government is contemplating the rehabilitation policy for persons who have encroached upon forestland, with impunity, is beyond our comprehension”. The order was put on halt due to the petition of activist Tarun Joshi from the All India Union of Forest Working People. But there was no rehabilitation of those who were evicted following the 2016 order.
In February 2019, the Supreme Court ruled that forest-dwelling communities whose FRA claims have been rejected must be removed and resettled outside the parks.
The Van Gujjars are currently fighting for an ST status that will enable them to claim their rights over forestland. While the Van Gujjars are recognised as ST in Himachal Pradesh and Jammu and Kashmir, Uttarakhand does not extend the same rights to them as the state recognises the Van Gujjars as Other Backward Class. Without a formal legal status and recognition by the state, the social and economic development of the Van Gujjars has been left to the forest department, whose other role involves enforcing restricted access to protected areas.
On August 17, 2020, the Uttarakhand high court asked the state government to set up a committee within six weeks to look into the problems faced by the Van Gujjars. This was after a PIL was filed by a non-profit, Think Act Rise Foundation, which said that the community lacks basic rights and is often forcefully evicted. The committee was formed on October 20, 2020, comprising the principal chief conservator of forests and wildlife of Uttarakhand, the state chief wildlife warden, field director of Rajaji Tiger Reserve, a person nominated by the Wildlife Institute of India and a person nominated by the World Wildlife Fund. The committee is expected to submit a report within six months.
Demand for legal recognition of land rights
Demand to retain/protect access to common land/resources
Demand for Scheduled Tribe status
Rural
Common
Forest, Non-Forest (Grazing Land)
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
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.
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-implementation/violation of FRA
Scheduled Tribe status or lack of status
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Uttarakhand, Supreme Court of India
Case Number
WPPIL No. 79 of 2020, WPPIL No. 140 of 2019
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Raid/break-in/theft
Whether criminal law was used against protestors:
Reported Details of the Violation:
In May 2015, forest department officials entered Tumadiya Khatta, a village situated in Ramnagar area, on the fringe of the park. They destroyed the huts and crops of the forest dwellers and assaulted women.
Date of Violation
Location of Violation
Tumadiya Khatta, Ramnagar
Nature of Protest
Advocacy (for inclusion in courts)
Development of a network or collective
Involvement of national and international NGOs
Government Departments Involved in the Conflict:
Forest department, National Tiger Conservation Authority
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:
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Van Gujjars of Sunderkhal, Van Gujjar Kalyan Samiti
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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