Under Project Tiger, the state government had classified Udanti and Sitanadi Wildlife Sanctuary as a composite tiger reserve in February 2009. Since then, the tribespeople living in the core area for generations have become vulnerable to displacement. Reportedly, after the process to classify the tiger reserve started in 2004, the forest department barred the tribes from accessing and gathering minor forest produce. This severely affected the lifestyle and livelihood practices of 17 villages. Some tribeswomen also alleged that forest officials attempted to frame fake charges on them for collecting firewood from the core area of the tiger reserve. The villagers claimed that the forest department offered them resettlement packages to move out of the core zone. But the tribespeople demanded that their rights be recognised under the Forest Rights Act (FRA), 2006. Over the years, the Kamar, Gond and Bhunjia tribal communities have come together to demand their entitlements. According to a 2014 news report, the six panchayats that would be affected refused to surrender their land for the tiger reserve. In 2014, a media report stated that over 200 villagers held a meeting where they decided to focus on increasing the forest cover and wildlife population themselves. They also drafted a petition to demand the management of the forests. They claim that they have already submitted applications to the administration for both individual and community forest rights, but the government has only granted individual forest rights to some families. The Gram Sabhas have also submitted many applications to the subdivisional magistrate and other state officials, including the chief minister, requesting urgent attention to their problems. But the state has so far failed to address their concerns. The panchayats, under the banner of UdantiSitanadi Tiger Reserve Forest Jansamiti, continue to demand recognition of their rights. In February 2019, the Supreme Court verdict about the eviction of forest dwellers with rejected FRA claims came as a shock to the tribespeople, and it only intensified their demand for rights. In the same year, the new state government gave another chance to forest dwellers to reapply for their FRA titles, but this process has been delayed due to bureaucratic hurdles. A breakthrough came in August 2020 when the government granted community forest rights to a few villages in the Risgaon zone. The Dhamtari district collector told a newspaper that in October 2020, the Department of Tribe and Scheduled Caste had informed that it was not possible to go on with the rights recognition process at this time. However, the same news article also quoted a December 2020 letter by the Secretary (Tribal Affairs), which stated that the the Central Government hereby recognises and vests forest rights under Section 3(1) of the same [FRA] Act. Based on this letter, the villagers claimed that the forest officials and the district administration were delaying the process even after receiving communication from the tribal department. On January 19, 2021, villagers gathered in thousands and protested outside the office of the Tiger Reserve Deputy Director. Prior to this, on January 8, they had attended a public meeting to discuss their strategy. Subsequently, the district administration informed the villagers that the area is classified as a Critical Wildlife Habitat and it was only following protocol. On February 16, the villagers wrote a letter to the subdivisional magistrate to request a special Gram Sabha to settle the rights. Meanwhile, the administration is yet to start a process to consider the claims for FRA titles, Benipuri Goswami, a local activist, told LCW.
Demand/Contention of the Affected Community
Demand to retain/protect access to common land/resources
Demand for legal recognition of land rights
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?
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):
₹
2.08
Type of investment:
Year of Estimation
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Other
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
Yes
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-implementation/violation of FRA
Lack of legal protection over land rights
Legal Status:
Out of Court
Status of Case In Court
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Case Number
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Judicial harassment
Whether criminal law was used against protestors:
Reported Details of the Violation:
The police allegedly made attempts to frame protesters with fake charges.
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
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:
Udanti-Sitanadi Tiger Reserve Forest Jansamiti
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?
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