Karnataka
Udupi, Dakshina Kannada and Chikkamagaluru districts
,
,
Davanagere
Published :
Dec 2020
|
Updated :
Tribal Communities Feel Threatened by ESZ in Karnataka's Kudremukh National Park
Reported by
101 Reporters
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
People affected
2020
Year started
31660
Land area affected
Households affected
People Affected
2020
Year started
31660
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 July 2, 2020, the Ministry of Environment, Forests and Climate Change declared a kilometrelong radius around the boundary of the Kudremukh National Park (KNP) an ecosensitive zone (ESZ). Environmentalists** state that even though the order is in the best interests of the KNP as it has provided a habitat for endangered flora and fauna, it has caused fear among the tribal communities living in the area. Close to 60 villages and 108 revenue sectors from the three districts of Udupi, Dakshina Kannada and Chikkamagaluru are set to be affected. A resident of Idu village in Udupi's Karkala tehsil told LCW that some 45 lakh people will be impacted by the decision. In the 316 square kilometres of the ESZ, largescale industrial activities, such as commercial mining; quarrying; sawmilling, establishing, maintaining and managing pollutant industries; and installation of major hydropower plants are now prohibited. Other commercial activities in the affected villages spread across the three districts have also been banned.  The indigenous communities fear losing their livelihood sources. They also fear that the price of land under the ESZ might come down and worry that infrastructural development in the area might stop. Ramachandra Bhat, a member of Bengalurubased Wildlife Conservation Society (WCS), told LCW that the forest department in the state has already stopped widening National Highway 169, which passes through the national park and connects it to other important areas in the state. He added that families living in the vicinity of the park have no electricity connection, and since mobile towers are not allowed to be constructed, they do not have access to the internet.  Bhat further mentioned that the local people did receive many subsidies from the government and help from nonprofits to install solar lighting, but as the weather stays cloudy most of the time, solar power has not been of much help. P. Rutran, deputy conservation officer of Kudremukh wildlife division, told LCW that efforts are needed to protect the environment from indiscriminate industrialisation in the area but also assured that the indigenous communities need not worry. This declaration does not change the land ownership of the people in the region. People living inside the zone cannot be evacuated. They can continue to live there and pursue their regular activities. There is no restriction on power lines, drinking water pipelines, roads, bridges, farming and horticultural practices by the local communities," he added. On October 15, the Malenadu Raithara Hitharakshana Vedike (Malenadu Farmers Welfare Committee), NR Pura tehsil, Chikkamagaluru district, held a peaceful protest against the ESZ. The residents of the tehsil closed their shops in support. Several politicians were also present at the protest. The farmer leaders expressed outrage over the state and Central governments move on the Bhadra tiger project in Chikkamagaluru **and the declaration of the ESZ around KNP. They warned that they would intensify their protest if their demands were ignored. More than 3,000 people participated in the protest. 

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Demand for better access to common land/resources

Other Demand/Contention of the Affected Community

Demand to overturn the decision declaring the ESZ

Region Classification

Rural

Type of Land

Common

Forest and Non-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:

State forest department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

Yes

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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Fact sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Demand for better 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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