Chhattisgarh
,
Rajanacha and Baijadhap villages
,
Kabirdham
Published :
Aug 2017
|
Updated :
Chhattisgarh Forest Department Forcefully Evicts 60 Baiga Families from Bhoramdeo Wildlife Sanctuary
Reported by
Asha Verma
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
288
People affected
2013
Year started
Land area affected
Households affected
288
People Affected
2013
Year started
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Protected Areas
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

On February 18, 2013, the Chhattisgarh forest department allegedly destroyed 30 huts in Rajanacha and Baijadhap villages, situated in the Bhoramdeo reserve forest in Kawardha district. This displaced 60 families, primarily from the Baiga tribe, identified as a Particularly Vulnerable Tribal Group. Acccording to a news report, the department considered the villages a threat to wildlife as they were located near the Bhoramdeo Wildlife Sanctuary. Allegedly, the administration displaced the families without any plans for resettlement and rehabilitation.  The affected families have earlier been displaced multiple times. In two instances, they were ousted for bauxite mining by Vedanta and a tiger corridor. Further, while the forest is the traditional home of this community, there have been no attempts to settle their traditional rights under the Forest Rights Act (FRA), 2006. Many of the evictions remain undocumented.  When media and activists approached the forest department about the eviction of the 60 Baiga families, the department justified its action by citing the protection of tigers. However, they acknowledged that mining activities and national highways are more threatening to the tiger population than the Baigas.  The evicted families have been living on the fringes of the forest and work as daily wage earners in nearby Vedanta mines and the Kawardha district. They have lost their agricultural land as well as forest produce. They are also restricted from entering the forest, with which they have a codependent relationship.  According to primary sources, the Baigas have demanded titles under the FRA. However, fearing the forest department's actions, they are not protesting actively. But some of them have voiced their demands and concerns to the local media and activists.   Following media reports of the evictions, the National Human Rights Commission took suomoto cognisance of the case and directed the Chhattisgarh chief secretary to submit a report on the matter. According to the media, the Commission observed that the incident, if true, is violative of the human rights of the tribespeople. However, no action has been taken so far to compensate or rehabilitate the affected families. 

2
Fact Sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand for compensation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Both

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?

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?

No

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Chhattisgarh Forest Department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

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?

Legal Supporting Documents

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Author
Reported by
Asha Verma
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Fact sheet

Demand/Contention of the Affected Community

Complaint against procedural violations

Demand for rehabilitation

Demand for compensation

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

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?

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

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