Madhya Pradesh
,
Jholar
,
Balaghat
Published :
Sep 2016
|
Updated :
MP Forest Dept Relocates Over 1,000 Families from Kanha Tiger Reserve
Reported by
Gourav Jaiswal
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
6720
People affected
1970
Year started
12700
Land area affected
Households affected
6720
People Affected
1970
Year started
12700
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

The Kanha Tiger Reserve and National Park, consisting of a core area of 940 square kilometres and a buffer zone of 1,067 square kilometres, is one of the largest national parks in the state. Initially notified as a national park in 1955, it was later notified as a tiger reserve in 1973-74. The region is home to the Gond and Baiga communities.  After the park was declared a tiger reserve, approximately 24 villages had to be relocated. Evictions began in 2005 after the National Tiger Conservation Authority issued guidelines to make the core area free from human intervention. They were first shifted from the core area to the buffer zone. The last five villages were evicted in 2014-15. According to a media report, as many as 27 villages were shifted out of the core area, with no alternative arrangements in place.  In 2014, the communities were asked to vacate the buffer zone as well, this time as part of the state governments tiger conservation plan. About 450 families were evicted in June 2014. While the state government claims this move to be voluntary, the community members have opposed it. Before they were evicted, a member of the Baiga community told Survival International, They want to give us money, but we do not want money. We want land. Money does not mean anything to us. It comes and it goes. Kanha Tiger Reserve field director J.S. Chauhan refuted allegations of forceful and illegal evictions, adding that some 1,200 villagers have been relocated since 2010 with a negotiated total compensation of INR 1 million. We never did any relocation against the wishes of the villagers. Nobody can do any forcible relocation. We relocated them only after they opted for it in writing," Chauhan told the media, adding that the people were happy to be resettled Many activists and environmentalists have condemned the eviction of the indigenous families. Activists argue that the tribes are fierce protectors of the forest and, therefore, play an important role in the conservation process.  In March 2018, families from 70 different villages held protests to oppose their eviction. According to a report by Survival International, such eviction without consent is illegal under both national and international laws. They also demanded recognition of their forest rights under the Forest Rights Act, 2006. According to a report by Survival International, published in December 2019, the Wildlife Conservation Society held a training on voluntary relocation for tiger reserves for the officials of the Indian Forest Service. They have been leading the call for relocating tribal families from tiger reserves. The report points out instances where the forest department has allegedly forcefully and illegally evicted people under the garb of voluntary evictions. There have been no evictions in the area after 2014-2015. As of July 30, 2020, some families still reside in the buffer zone.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Demand for rehabilitation

Other Demand/Contention of the Affected Community

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?

When did it end?

Why did the conflict end?

4
Additional Information

Government Departments Involved in the Conflict:

Madhya Pradesh Forest 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:

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
Gourav Jaiswal
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Demand for rehabilitation

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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