Dhanwar Tribe in Chhattisgarh's Patpara Village gets Community Forest Rights

Reported by

Asha VermaLand Conflict Watch

Last updated on

September 17, 2021

Location of Conflict

Patpara

Korba

This is A Schedule Five District

Reason or Cause of Conflict

Forest Administration (Other than Protected Areas)

(

)

People Affected by Conflict

320

Land Area Affected (in Hectares)

121

ha

Starting Year

2016

State

Chhattisgarh

Sector

Conservation and Forestry

Bakhai is a village in Patpara panchayat in Korba district where the Dhanwar tribe lives in a small settlement. Dhanwars are a forestdependent community engaged in the collection of minor forest produce like chaar, mahua, tendu and harra. The village has no road connectivity and faces water scarcity.  The residents of Bakhai filed an application to claim community forest rights in December 2016 under the Forest Rights Act, 2006. However, soon after they filed their claims, the forest department allegedly started to cut teak trees in the forestland for which the community had filed claims, without the approval of the Gram Sabha, which was necessary as the village falls in the Schedule Area. When the community members questioned the officials, they did not get a clear response.   Subsequently, they filed an application under the Right to Information Act, asking under which notification the forest was being cleared and whether the Gram Sabha's permission had been sought or not. To this, the forest department replied that no official notification had been issued for tree felling in Bakhai village and later suspended two lowerranking officials.  But the damage had already been done. About 20,000 teak trees were chopped in a week, leaving the community in a lurch. They submitted evidence to the district administration, tribal department, forest department, governor and even to the Prime Ministers Office. The governor replied with an assurance of investigation and action. In July 2021, a local activist, Benipuri Goswami, told LCW that the District Level Committee had finally approved the CFR claims. He informed that the documentation was currently with the district collector and was yet to be handed over to the villagers.

Demand/Contention of the Affected Community

Opposition against environmental degradation, Demand for legal recognition of land rights, Complaint against procedural violations

Region Classification

Rural

Type of Land

Common

Type of Common Land

Forest

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Has the Conflict Ended?

Yes

When did it end?

Why did the conflict end?

Categories of Legislations Involved in the Conflict

Forest and Scheduled Area Governance Laws

Legislations/Policies Involved

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:

Non-implementation/violation of the FRA, Lack of legal protection over land rights, Violation of free prior informed consent, Non-implementation/violation of the PESA

Legal Status:

Out of Court

Status of Case In Court

Whether any adjudicatory body was approached

Name of the adjudicatory body

Name(s) of the Court(s)

Case Number

Major Human Rights Violations Related to the Conflict:

Whether criminal law was used against protestors

Official name of the criminal law. Did the case reach trial?

Reported Details of the Violation:

Date of Violation

Location of Violation

Nature of Protest

Complaints, petitions, memorandums to officials

Government Departments Involved in the Conflict:

Forest Department

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:

Timber Contractors

Did LCW Approach Corporate Parties for Comments?

Name, Designation and Comment of Corporate Authorities Approached

Other Parties Involved in the Conflict:

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:
No Images Available

Documented By

Asha Verma

Reviewed By

Asha Verma

Updated By

Asha Verma

Edited By

Asha VermaLand Conflict Watch
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