Odisha Forest Department Denies Transit Permit to Pipadi Farmers To Sell Bamboo

Reported by

Sanghamitra DubeyLand Conflict Watch

Last updated on

June 2, 2021

Location of Conflict

Pipadi

Nuapada and Dheknapada

Kalahandi

This is a Left Wing Extremism Affected District

This is A Schedule Five District

Reason or Cause of Conflict

Other Kind of Land Use

(

)

People Affected by Conflict

216

Land Area Affected (in Hectares)

ha

Starting Year

2018

State

Odisha

Sector

Land Use

The Pipadi Village Assembly in Kalahandi district has been demanding Transit Permit (TP) from the state government to sell bamboo since 2017. Similarly, people from Nuapada and Dheknapada villages in Kalahandi are unable to sell Kendu leaf because the forest department has denied them TP to transport goods outside the forest area. The forest dwellers complain that the forest department is intervening in the use and sale of Minor Forest Produce (MFP) which falls under the authority of the gram sabha. Section 3(1)(c) of the Forest Rights Act (FRA), 2006, grants indigenous forest dwellers the right to own, collect, use and dispose of MFP such as bamboo. A TP allows the farmers to transport and sell the MFP commercially. Since 2017, the Divisional Forest Officer (DFO) of Kalahandi has been rejecting the Village Assembly's request for the permit saying that "the village's Community Forest Resource title deed placed a limit on the collection and sale of MFP up to head load or cart/cycle load and that there was no provision in it to allow the commercial sale and transport of such forest produce". Legal experts say that the DFO's contention does not hold good as Section 4(5) of the FRA stipulates that forestdwelling communities can manage forest resources by themselves. In fact, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, states that violation of the FRA by a government official will be treated as an atrocity under the Act and can be booked for the same. Local activist Chitta Ranjan Pani added a complaint under the Act against the forest officials. The problem has only worsened over the years. In 2020, a local newspaper reported that the Kendu leaves have started rotting and people who depend on it are left without an income during the lockdown period because the state government has still not issued them a TP. The forest dwellers have warned of calling an agitation if the state government fails to address the problem. In January 2021, Chief Minister Navin Pattanaik announced a relief package of INR 92.37 crore for Tendu leaf pickers and other workers engaged in the trade. It includes a INR 59.78 crore bonus for the pluckers and workers along with a double exgratia compensation of INR 2 lakh.

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources, Demand for legal recognition of land rights

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?

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

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

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

Protests/marches

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:

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

Sanghamitra Dubey

Reviewed By

Sanghamitra Dubey

Updated By

Sanghamitra Dubey

Edited By

Sanghamitra DubeyLand Conflict Watch
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