Assam
,
Betbari
,
Barpeta
Published :
May 2017
|
Updated :
Tribespeople Evicted from Manas National Park in Assam in Name of Encroachment
Reported by
Eleonora Fanari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
700
Households affected
3360
People affected
2016
Year started
1600
Land area affected
700
Households affected
3360
People Affected
2016
Year started
1600
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

Manas was declared a National Park in September 1990. In 1992, UNESCO further declared it a World Heritage Site endangered due to heavy rhino poaching. The core area of the park is not highly inhabited, with about 57 villages living in the buffer zone. It is dominated by the Bodos as the park is part of the Bodoland Territorial Region. However, there are also many Adivasis living within the park, brought from central India to Assam by the British in the pre-independent period to work as labourers in tea gardens.
In 2011, the park was taken off the 'List of World Heritage Sites in Danger', yet the park authorities decided to evict the families living within the park. The eviction drive started in 2016, when Bodos living in Bhuyanpara Range were evicted. The eviction displaced at least 700 families. As per notification No. FD/TP/WHS/3339-48 submitted to the principal chief conservator of forests and wildlife and the chief wildlife warden of Assam, an eviction drive was carried out on December 22, 2016in Betbari, Kohirabari and Dihira Panda villages, spread over an area of 16 square kilometres. According to the notification, the eviction of 550 households was successful and was carried out with the assistance of 350 police and armed personnel.
The residents of the three villages have been fighting with the forest department to assert their rights over the forestland. The forest department, on the other hand, considers the people encroachers. As per the Forest Rights Act, 2006, tribespeople residing in forestland since before 2005 have rights over the land and its resources.
In a report in 2019, the families evicted from Bhuyanpara have since returned. A report of the Central government also mentioned that no rhino has been killed in Manas National Park since 2016.
In 2020, however, the International Union for Conservation of Nature asked the Centre to clear "illegal encroachment" within the park and directed the state and the Bodoland Territorial Council to take prompt action.

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

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

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:

Forest Department, National Tiger Conservation Authority

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?

No

Communities/Local Organisations in the Conflict:

Bodos, Adivasis

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
Eleonora Fanari
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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

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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