Gujarat
,
Gir National Park
,
Junagadh
Published :
Dec 2016
|
Updated :
Relocated Maldharis Return to Gujarat's Gir Park, at Loggerheads with Forest Department
Reported by
Aditi Patil
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
2160
People affected
1986
Year started
16
Land area affected
Households affected
2160
People Affected
1986
Year started
16
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

Hundreds of Maldharis (traditional inhabitants of Gir forest) in Gujarat, who were relocated and resettled by the government's resettlement scheme between 1972 and 1986 have been returning to the forest over the last two decades. When they were relocated, they were given agricultural lands, pucca houses, loans and other facilities as compensation. However, over 2,000 of them have returned to the Gir National Park since, and most have them have sold the lands and houses given to them by the government. The Maldharis claim that living away from the forests affected their lives and livelihoods as they had to travel long distances to graze their livestock and access minor forest produce. The forest department, so far, has ordered a survey to ascertain how many Maldharis have returned and are currently residing inside the park. The government believes that the Maldharis and their livestock have had a negative impact on the lion habitat due to the overuse of both forest produce and fodder. However, studies have found that the Maldhari livestock is a major food source for the lions and the community, thus, is important for the conservation of the lion population in the national park. The forest department, however, has been pressuring the Maldharis to leave the fringe areas of the park where they are settled now. The problem came to light in a meeting with the chief minister, which was held to resolve issues concerning the people living around the Gir forest. One of the public demands was to allow the Maldharis to construct pucca houses inside the Gir national park. According to an estimate, around 4,100 Maldharis are currently residing within the park, including the returnees. Interestingly, the forest department, which started issuing identity cards for the Maldhari population living within the protected area in the mid2010s, has issued more than 5,500 so far, according to official forest department documents. Although the Maldharis do not have a specific demand and have not started any kind of organised protest, minor scuffles break out on and off between the community and the forest department.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Refusal to permanently part with land

Region Classification

Rural

Type of Land

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?

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:

Gujarat 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
Aditi Patil

Aditi is a freelance development researcher. She has a Master’s in Development Studies from the Entrepreneurship Development Institute of India. She has previously worked with WWF India on forest-based livelihoods and international wildlife trade. She has also worked on the Forest Rights Act in Dangs district in Gujarat. Her paper, “Forest-based livelihoods, Malki practice and Forest Rights Act in Gujarat: The case of Adivasis in the Dangs,” has been published in the book, Adivasis in India: Livelihoods, Resources and Institutions, by Bloomsbury India.

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Fact sheet

Demand/Contention of the Affected Community

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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