Study on Mechanisms for Recognition of Habitat Rights of PVTGs under the Forest Rights Act

Particularly Vulnerable Tribal Groups are among the most marginalised and vulnerable groups in India today. They are often not settled agriculturists, are often regarded with fear, hostility or indifference by other communities (including other tribal communities), tend to live in remote areas and are outside most systems of education and social provision in the country. There is also a great deal of diversity within these communities, ranging from those such as the Katkaris of Maharashtra, who have been reduced to destitute landless labour in most areas; to the Baigas of MP or the Dongaria Kondhs of Orissa, who have a defined sense of territory and habitat and practice collective and other forms of cultivation within it; to the Chenchus of Andhra Pradesh or other communities that practice hunting and gathering as their means of survival. The communities of the Andaman and Nicobar Islands form an even more distinct subgroup within this wide canvas.

Until the passage of the Forest Rights Act (FRA) of 2006, no legislation or other framework existed which defined the rights of these communities.  Both the Central government and various State governments have had welfare schemes for these communities, usually routed through dedicated development agencies set up in each area to address some of the development needs of the communities. However these schemes rarely addressed the specific needs of these communities, especially issues such as alienation of land and threat to their livelihood and cultural systems.

In light of the above, the effective and creative implementation of the right to habitat under the Act can be a crucial step towards safeguarding the rights and culture of these communities. This issue has also been flagged several times in the course of the regional and national consultations on the Forest Rights Act that have been organized by the Ministry of Trial Affairs in partnership with UNDP. Many state officials have expressed concern and have sought clarification on  the exact meaning of habitat rights, the nature of the habitats of these communities and the manner in which these can be protected in view of little information on these communities, their history and their habitats is scarce and difficult to find.

Hence, this study is planned to explore the manner in which the habitats of Particularly Vulnerable Tribal Groups (PVTGs) can be identified and their rights to the same recognized, in a democratic, effective and transparent manner.

The key objectives of the study are to answer the following questions:

• What is the procedure that the state administration should follow in order to ensure the recognition of habitat rights for PVTGs?
• How can the traditional institutions of the PVTG, if any, be incorporated in the decision making process?
• What records would state agencies need to provide and in what manner?
• In what manner can state agencies facilitate the preparation and filing of claims to this right? How can they coordinate the process of filing and securing the decisions of multiple gram sabhas in this regard?
• What systems can be put in place to ensure that PVTGs are informed and their consent taken when steps are taken that may damage their habitats?