Why the new sanctuary in Erode district has forest-dwellers wary
- The recent notification regarding the Thanthai Periyar Sanctuary in Tamil Nadu's Erode district has raised concerns among forest-dwelling communities in the vicinity.
- These communities fear that the notification may lead to the denial of their rights under the FRA (Scheduled Tribes and Other Traditional Forest Dwellers Act) of 2006.
Sanctuary Composition and Exclusion of Forest Villages
- The Thanthai Periyar Sanctuary comprises several reserved forests, including North and South Bargur, Thamarai Karai, Ennamangalam, and Nagalur.
- It is located between the Sathyamangalam Tiger Reserve of Tamil Nadu and the Male Mahadeshwara Wildlife Sanctuary and the Cauvery Wildlife Sanctuary of Karnataka.
- However, six tribal forest villages have been excluded from the sanctuary, despite their traditional presence in the area.
- These exclusions raise concerns about the denial of rightful habitation and access to resources.
Forest Villages
- In 1990, the Union Ministry of Environment and Forests (MoEF) had ordered that all forest villages be converted to revenue villages.
- The FRA also mandates the conversion of forest villages into revenue villages, ensuring the recognition of community rights.
- However, this conversion process has been slow and incomplete, perpetuating injustices against forest-dwelling communities.
Rights and Exclusions within the Sanctuary
- The notification of the Thanthai Periyar Sanctuary restricts certain activities, such as cattle grazing, impacting traditional practices of forest-dwelling communities.
- In March 2022, the Madras High Court revised the order imposing a total ban on cattle grazing in all the forests of Tamil Nadu. It restricted the ban to National Parks, Sanctuaries, and Tiger Reserves.
- Tamil Nadu is the only State in the country where there is such a ban.
- Despite the FRA's recognition of grazing and traditional resource access rights in all forests, the sanctuary's notification imposes limitations.
Legal Framework
- The Wildlife (Protection) Act, 1972 governs the establishment of sanctuaries and national parks, with provisions for recognizing existing rights.
- People inside Sanctuaries continue to enjoy all their rights unless prohibited, but they don’t in National Parks.
- However, the implementation of these laws often disregards the rights of forest-dwelling communities, perpetuating historical injustices.
- The FRA, enacted in 2006 to rectify these injustices, mandates the recognition of forest rights by gram sabhas, yet its implementation remains inadequate.
- All provisions in the WLPA that contravene provisions in the FRA are null and void.
Tamil Nadu's Implementation of FRA
- Tamil Nadu's implementation of the FRA has been particularly deficient, with a minimal area recognized and titled under individual and community rights.
- Despite the legal framework provided by the FRA, violations persist, undermining the rights and livelihoods of forest-dwelling communities.