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Legal Review by
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Updated by
Published on
March 13, 2022
March 8, 2024
Edited on
March 8, 2024
March 13, 2022
Behali Reserve Forest (BRF) is one of the last remaining forests in Assam’s Biswanath district, in the foothills of the eastern Himalayas. But large-scale encroachment over the years has shrunk its size, threatening biodiversity. The forest is also a disputed territory between Assam and Arunachal Pradesh. Communities from both the states have been claiming territorial rights over the reserve forest, a part of the BRF falls in Papum Pare district in Arunachal Pradesh, which claims the forest as its territory and refers to it as Tarasso. BRF on the Assam side falls in Biswanath district.
In January 2014, 10 people were killed and eight injured when alleged armed miscreants from Arunachal Pradesh attacked Chaoldhowa, a settlement inside the BRF on the Assam side and fired as many as 100 rounds from rifles and guns, leading to casualties.
In June 2017, over five hectares of forestland were cleared of encroachments on the Assam side by the Biswanath forest department. Conservationists, researchers and biodiversity experts have expressed concern over the shrinking size of the forest resulting from encroachment. In addition, problems of poaching and logging for timber have threatened the already vulnerable flora and fauna.
In a report titled ‘Natural Resources Management: Sustainable Extraction Level of Forest Production in Assam’ published in 2001, M.C. Bora, founding dean of the School of Management Sciences, said, “Encroachment in Behali Reserve Forest started from 1980. According to the forest department of Assam, the total encroached area is 3,375 hectares, but, in reality, the actual encroachment area is more than 3,500 hectares.”
Behali was declared a reserve forest in 1917. It is home to some 950 species of flora and fauna and houses archaeological relics dating to as early as the 9th century. Located very close to the Kaziranga National Park, Behali also serves as an elephant corridor and is part of the Kameng-Sonitpur elephant reserve on the Assam-Arunachal border.
A person living around Behali told the media that the ‘people from Arunachal at the border are armed, which they use for hunting rather than protecting themselves. Today, if an elephant goes to the other side of the forest, it won’t come out alive’. He added that until a proper demarcation of boundary between the two states was done, land disputes and encroachments would continue in the forest.
Nature’s Bonyopran, a non-profit based in Assam, claims a nexus between the timber mafia of the state and a section of people from Arunachal Pradesh, who while felling trees for smuggling timber also clear the forestland for encroachment.
Dipankar Bora, assistant professor at Goalpara College, calls for immediate attention to save the BRF. He explained to LCW that “encroachment of land, burning of forests and hunting of wildlife can still be seen in the border areas of the reserve, which is a serious concern". "Encroachers from Arunachal Pradesh have claimed most of the hills surrounding the BRF as their territory and have started rubber and jhum cultivations to claim the land. BRF's protection is critically low, and whatever protection is there, it is only towards the Assam side. There is no beat camp or forest office on the other side," he told LCW and added that almost 48 per cent of the forest is lost, and only 60 square kilometres of the intact forest is left of the original notified area of 140 square kilometres.
Meanwhile, the secretary of Nature's Bonyopran informed LCW that the forest department has sent a relevant proposal to the state government and that they are set to change Behali's reserve forest status to a wildlife sanctuary.
After protests and several appeals, the government in a preliminary notification declared Behali reserved forest as a Wildlife Sanctuary in May 2022. However, final notification has not been issued yet.
The officials had increased the land area with the addition of the Singlijan Reserved Forest to Behali, but more than half of this reserved forest (almost 60%) area remains encroached.
Dipankar Bora, Botanist, Researcher, and Assistant Professor at Goalpara College told LCW that as of 2023, there hasn't been any major resolution to the issue of settlement of encroachers. And neither has the border dispute problem been resolved. He added that no forest staff or force has been appointed for the protection of the forest.
Opposition against environmental degradation
Demand for legal recognition of land rights
1. Recognition of Behali Reserve Forest as a wildlife sanctuary. 2. Resolution of border dispute around the forest between Assam and Arunachal Pradesh. 3. Creation of alternative sources of livelihood for forest-dwellers.
Rural
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?
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
Other environmental services
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?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
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
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:
Violation of environmental laws
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:
Attempted killing
Killing
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
At least 10 people were reportedly killed and eight injured in an alleged land dispute over encroached land in Sonitpur on the Assam-Arunachal Pradesh border. Alleged armed miscreants from Arunachal Pradesh had attacked Chaoldhowa, a settlement inside the Behali Reserve Forest area on the Assam side and fired as many as 100 rounds from rifles.
Date of Violation
January 28, 2014
Location of Violation
Chaoldhowa, Behali Reserve Forest
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Government Departments Involved in the Conflict:
Government of Assam - Environment and Forest; Principal Chief Conservator of Forest; Government of Arunachal Pradesh; Ministry of Environment, Forests and Climate Change; Assam State Biodiversity Board; National Biodiversity Board
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:
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?
Poaching in Behali Reserve Forest
Image Credit:
Nature's Bonyopran
Felling of trees in Behali Reserve Forest
Image Credit:
Nature's Bonyopran
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