Gujarat
,
Hodka
,
Kutcch
Published :
Apr 2024
|
Updated :
July 29, 2024
Pastoral community in Gujarat's Banni opposes cheetah breeding centre
Reported by
Suchak Patel
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
7500
Households affected
45000
People affected
Year started
500
Land area affected
7500
Households affected
45000
People Affected
Year started
500
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 Gujarat government's plan to set up a cheetah breeding and conservation centre at Banni grasslands is facing opposition from the pastoral community, the Maldharis, in the region.

Stating that the Union government has approved the plan to set up the cheetah breeding centre in Banni, State Forest Minister Mulubhai Bera noted that Banni grassland used to be the habitat of cheetahs, which became extinct in the region over time.

A proposal for re-introducing cheetahs in the grasslands was scrapped due to low prey density in 2010. The Ministry of Environment from the Union Government had emphasised the need to restore the landscape before any cheetah introduction. However, the state government reportedly only removed invasive plants from the region.

The pastoral community has now raised concerns over the fresh development, fearing it might jeopardise their means of living. Maldharis are known for rearing high-yielding buffaloes and cows in the region for their livelihood.

Historically, Banni has served as open grazing land, sustaining the livelihoods of approximately 45,000 individuals, predominantly from the Maldhari pastoral community. The community has inhabited Banni's 48 villages for generations, alongside a substantial population of over 150,000 cattle.

Expressing their opposition to the cheetah breeding centre, the Banni Breeder Association (BBA) wrote a letter to the Chief Minister of Gujarat, stating that the introduction of predatory species like cheetahs could pose a significant threat to the freely roaming buffalo herds. The BBA also highlighted the absence of documented evidence supporting the historical presence of cheetahs in the area.

In the letter, the BBA also expressed dissatisfaction over the approval process for the cheetah breeding centre without their consultation and regard for their traditional rights. Further, they stressed the necessity of resolving land rights issues before initiating any such projects.

The Maldharis have been demanding community forest rights under the Forest Rights Act (FRA) for nearly a decade. In 2015, 16 gram panchayats governing Banni's grasslands in the Kutch district were granted Community Forest Rights (CFR) encompassing the entire grassland area spanning 2,500 square kilometers. The Maldhari community, however, never got titles formally recognising their traditional rights over the land. The forest and revenue departments could not come to an agreement over the grassland's status as either forest or revenue land as the grasslands have till date not been demarcated.

The Banni Pashu Uchherak Maldhari Sangthan had filed a complaint with the National Green Tribunal (NGT) concerning widespread encroachments within Banni's protected forests. Following which, the NGT emphasised the need for demarcation of the area to properly address these grievances. However, no such exercise has been carried out yet.

An RTI response revealed that Gorewali and Chachala panchayats have so far written four letters to the Collector of Kutch, Bhuj and the Chief Minister of Gujarat.

On 12 December 2023, the Gorewali Sarpanch wrote a letter to the Collector Kutch for CM Gujarat expressing concerns over the introduction of a predator species in Banni grassland and questioning why no breeding center has been proposed for the majestic Great Indian Bustard (GIB) facing extinction. The Collector forwarded the letter to the Deputy Secretary of the Environment, Gandhinagar, on 11 January 2024.

Similarly, the Chachala Panchayat wrote a letter to the CM Gujarat and Collector Kutch on 9 February 2024 pointing out that about 4000 villagers rear 8,500 cattle for their livelihood and urged the government to cancel the project. They further stated that the forest department proceeded with the project without heeding to their concerns. The letter was forwarded to forest department officials on 29 February.

The Sarpanch of Chachala Panchayat also penned a letter to the Collector of Bhuj on 11 March 2024, expressing concern over the establishment of a proposed cheetah breeding centre. On 27 March, 2024, Bhuj Collector transferred this letter to the forest department.

In July, the Divya Bhaskar reported that preparations to welcome cheetahs in Kutch after 152 years were in full swing. In December 2024, 10 cheetahs will arrive via air from Africa. These cheetahs will be bred in enclosed areas with all necessary facilities to ensure minimal impact on the Maldhari community.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to cancel the project

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

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?

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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

20.5

Type of investment:

Cost of Project

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:

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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Reported by
Suchak Patel
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to cancel the project

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

Project underway despite protests

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Grazing

Whether the project was stalled due to land conflict

Source/Reference

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