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Legal Review by
Edited by
Updated by
Published on
January 29, 2017
May 17, 2022
Edited on
January 29, 2017
In 1985, a part of the Nilgiri Reserve in Kerala's Wayanad was declared as the Wayanad Wildlife Sanctuary . There are 2,612 households, belonging to the Kattunaikar and Mullu Kurumba community, who live in the area now diverted for the sanctuary. Most of these families have certificates called Kaivasa Rekha proving possession of forestland given to them by the government in 1940s50s. The Kerala forest department made a proposal in 2002 to relocate 950 tribal families from the Wayanad Wildlife Sanctuary as they wanted to recover about 400 ha of land in the sanctuary. These tribal families have been struggling to claim the forest land since decades. In 2003, a significant struggle took place in the Muthanga Forest region, where thousands of tribal families gathered to occupy land. The state police brutally suppressed the agitation, killing one and injuring several others. "It was following this agitation that the concept of Bhoomi Samaram (Protesting for land) became significant", said CK Janu, a female activist from the community, in a news report. After the implementation of the FRA in 2006, nothing has changed much. A compensation of INR 1 lakh for one acre of land was decided to be given to each family for relocation. Between 2008 and 2013, a total 185 tribal families were relocated from the sanctuary with this compensation. Later the government revised the compensation scheme offering INR 10 lakh to each family for relocation. On June 27, 2013, 40 families from the Kottamkara hamlet were relocated under this scheme However, the families alleged that only 24 families got INR 10 lakh compensation. Some stated that the forest department had not been considering adult sons as separate families eligible for compensation. Some of the relocated families came back to the sanctuary.In September 2017, the Kerala Government sought INR 100 crore for the relocation of families in protected areas. In 2018, the relocation was delayed. However, most of the families in the sanctuary have been demanding recognition of their rights over forestland under the Forest Rights Act (FRA), 2006 and have refused to leave the land. As of January 2020, the resistance is still going on with 200 families still living inside the Sanctuary. The tribal communities are still demanding forest rights titles.
Demand for legal recognition of land rights
Demand for promised land
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
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?
Categories of Legislations Involved in the Conflict
Forest and Scheduled Area Governance Laws, Land Acquisition Laws
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.
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:
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
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Physical attack
Killing
Whether criminal law was used against protestors:
Reported Details of the Violation:
On February 19, 2003, the police evicted hundreds of Adivasis who had occupied the muthanga forest in Wayanad district to protest against the delay in the government's distribution of cultivable land that it had promised to Landless Adivasis. In the clash that followed, an adivasi protestor, Jogi, died and hundreds injured. The adivasis, however, maintain that 16 of their community members were shot that dead.
Date of Violation
February 19, 2003
Location of Violation
Muthanga Forest, Wayanad
Nature of Protest
Campaigns (grassroots organisations/press releases/media)
Protests/marches
Land occupation
Government Departments Involved in the Conflict:
Waynad Wildlife Sanctuary, Kerala Forest Department, Union Ministry of Environment, Forests and Climate Change
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:
Wayanad Prakruthy Samrakshana Samithy
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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