issues of conservation and livelihood in a forest village of assam

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http://irm.sagepub.com/Rural Management

International Journal of

http://irm.sagepub.com/content/10/1/47The online version of this article can be found at:

 DOI: 10.1177/0973005214526502

2014 10: 47International Journal of Rural ManagementChandan Kumar Sharma and Indrani Sarma

Issues of Conservation and Livelihood in a Forest Village of Assam  

Published by:

http://www.sagepublications.com

On behalf of: 

  Institute of Rural Management

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Article

International Journal of Rural Management

10(1) 47–68 2014 Institute of Rural Management

SAGE Publications Los Angeles, London,

New Delhi, Singapore, Washington DC

DOI: 10.1177/0973005214526502http://irm.sagepub.com

Issues of Conservation and Livelihood in a Forest Village of Assam

Chandan Kumar SharmaDepartment of SociologyTezpur University, Assam, IndiaE-mail: [email protected]

Indrani SarmaOmeo Kumar Das Institute of Social Change and DevelopmentGuwahati, Assam, IndiaE-mail: [email protected]

AbstractThe creation of the forest villages in the northeast Indian state of Assam, like the rest of India, was a part of the colonial forest management policy. These villages were established within the limits of the reserved forests for assured supply of labour for the colonial forest department. Later on, many recognized forest villages came up with landless peasants migrating to the forest areas in search of land and livelihood. However, their growing population and demand for land coupled with the highhandedness of the forest department gave rise to intense conflict between the two. This conflict has assumed a much more complex char-acter in the recent times giving rise to serious contestations and challenges with regard to people’s rights and conservation approach of the state.

KeywordsForest villages, Assam, land rights, Forest Right Act (FRA) 2006, conservation, Nameri

Introduction

The human–wildlife debate, torn between the human-centric and the park-centric approaches, has long animated the conservation discourse in India as in the other parts of the world. The moot question of the debate is: should the humans be sepa-rated from the conservation regime or should they be allowed to be a part of it for a sustainable conservation? (Saberwal and Rangarajan 2003: 3). The park-centric

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48 Chandan Kumar Sharma and Indrani Sarma

approach considers the presence of local communities to be contrary to the inter-est of conservation. It advocates the creation of ‘people-free zones’ in and around the parks, treating humans as outsiders to the natural ecosystem. This is perceived to be the best way to ensure protection to forests and wildlife. The wildlife enthu-siasts support this stand. Thapar and Manfredi, for example, contend

One of the primary reasons for establishing non-use forest areas, or National Parks, is because virtually any form of sustained human activity results in serious modifications of the natural environment whether in watershed regulation, soil erosion, agriculture productivity or climatic change. Such modification can seriously upset a balance and cause severe stress for man (1995: 28).

Tiger Conservationist K. Ullhas Karanth, another advocate of the ‘park-centric’ approach to conservation criticises the human-centric approach to conservation ruing that it is more concerned with the ‘“rights” of a single species, Homo sapiens’ (2008: 273). He identifies human settlements in the vicinities of wildlife habitats as the most crucial element in the degradation of the latter (Karanth 2008: 278).

He asserts,

The threat of habitat degradation arises when contiguous habitats are fragmented by intrusion of human settlements, roads, railways, or pipelines . . . human impacts on habitat quality are obvious: an area overgrazed by livestock may support lower densi-ties of wild ungulates than an area without cattle; a forest that is heavily logged for timber may be an inferior habitat for rainforest primates. In other cases, such effects are less obvious. The long-term consequences of the exploitation of non-timber forest prod-ucts like fruits, leaves, bark, root, gum, resin, rattan, and bamboo can be particularly insidious . . . The impact of human disturbances on wildlife habitats is often cumulative . . . Yet such non-timber forest product collection is often blindly touted as a ‘conserva-tion solution’ by many conservationists (2008: 276–79).

The formation of protected areas (PAs) aiming to preserve wildlife and bio-diversity by the colonial and post-colonial Indian state, by and large, reflects this view. It upholds a conservation regime that believes in protecting forests and wildlife by excluding the local forest-dwellers through ‘fences and fines’ or ‘guns-and-guards’ approach (Kothari 2003: 2).

Contrarily, the other group of conservationists argues that people must be con-sidered integral to the conservation process. They plead for a more democratic system of park management in which the voices of local communities can be heard loud and clear (Guha 2006: 140). The creation of national parks and sanctu-aries has, however, excluded the forest dwelling communities from the source of sustenance without recognizing their traditional rights over forests. Saberwal et al. (2001) suggest that the crisis with the Indian conservation scene today is located within it exclusionary policy. The forests across India have remained the habitats for a large number of indigenous communities for ages. These forest dwellers evolved certain practices with regard to the use of land and other resources within

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Issues of Conservation and Livelihood in a Forest Village of Assam 49

forests for their survival. Their alienation from the state conservation policies has only undermined the latter. Smuggling and poaching in the PAs have increased. The lack of access to forest resources for livelihood has resulted in local hostilities to conservation strategies and regular clash with the forest officials.

Indeed, it all began with the British colonial regime’s ever-increasing interven-tions with the forest dwellers livelihood practices which considerably curtailed their customary rights over the forest resources. Huge tracts of forest lands were reserved for commercial exploitations. Forests of Assam, Bengal, Bihar and Orissa were indiscriminately destroyed to meet the requirements for the ever expanding railway networks (Shiva et al. 1991: 16). In brief, the establishment of state monopoly over forest and other community properties for maximizing state revenue was intrinsic to the colonial policy. The post-colonial Indian state too continued with the same policy making the forests an increasingly more intense site of conflict between the forest dwellers and the state. While the growing need for timber as crucial raw material guided the interests of the colonial forest policy, in the post-colonial times, it has been the commercial interests that have dictated the forest policy (Munshi 2012: 13).

Informed by such opposing theoretical standpoints, this essay examines the human–wildlife interaction in a forest village named Sopaloga located in the fringe area of Nameri National Park (hereafter NNP) in the northeast Indian state of Assam. It historicizes the formation of the forest villages (bon gaon) in the area and then throws light into the local forest dwellers’ sources of livelihood, dependence on forests and their day-to-day negotiations with and responses to various conservation initiatives to explicate the specific nature of this interaction in Assam. The essay also makes an assessment of the implementation of the newly enacted Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, popularly known as Forest Right Act (FRA) 2006 in Nameri in particular and Assam in general. It further explains how certain defini-tional problems in the Act have raised questions and concerns about its prospects in the state and indeed in many other parts of India.

Methods of Data Collection

The essay makes a study of its subject, that is human–wildlife interaction in a forest village in Assam, that is Sopaloga, in both historical and contemporary perspectives. The methodological orientation of the study is that of qualitative research based on both primary as well as secondary data. Primary data have been generated through a field-based ethnographic study in several phases in the village under study from late 2009 to late 2011. This long-term engagement with the village helped the study appreciate the social dynamics of the village and many facets of the lives of people living therein that are hardly noticed by occa-sional visitors. However, the study is not only confined to Sopaloga, though it remained the central focus. The study transcends the boundary of the village in

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order to have a comprehensive understanding of the larger milieu in which the village is located, constituted by the NNP and its buffer areas interspersed with a host of forest and revenue villages belonging to different communities.

The study uses various sets of data collection techniques under the ethnographic method which includes: (i) in-depth interviewing and focus group discussions with the local villagers, forest officials and other stakeholders in the process of conservation, (ii) personal observation, and last but not the least, (iii) oral history in the form of villagers’ narratives. In fact, the last constituted a critical source of information for this study in the absence of written history or official documents regarding the early history of human settlement and aspects of forest management in the area. It is to be noted that this study had to deal with many sensitive issues and information. The villagers were initially reticent about giving out informa-tion and many a times they gave incorrect information too. However, the initial problems were gradually overcome with the elapse of time and with increasing informal interactions with villagers. Building good rapport with the local villagers was necessary before discussing the sensitive issues including that of the illegal timber trading in the area which involves a number of local youth.

For collecting secondary data, the study uses available books, official records, policy documents, etc. with regard to forest conservation and management of for-est villages in Assam in general and in the Nameri area in particular.

A Brief Account of NNP

Characterized by a hilly terrain, tropical evergreen, semi evergreen and moist deciduous forests, NNP is located in about 35 km northeast of Tezpur, the district headquarters of the Sonitpur District of Assam. Nameri, the third National Park of the state, was declared as a Reserved Forest in 1878 and as a Wildlife Sanctuary in 1985 with an area of 137.07 km2. It was elevated to the status of a National Park in 13 August 1998 with an area of 200 km2. The Government of Assam constituted and notified the Nameri Tiger Reserve (NTR) with an area of 344 km2 in 1 March 2000 with the NNP as its core and the two reserve forests, Naduar and Balipara, as its east and west buffers, respectively. The NTR shares continuous forests with the Pakhui (or Pakke) Tiger Reserve of Arunachal Pradesh on the north and both together con-stitute an area of over 1000 km2 which is one of the largest and most ideal habitats of many wild animals. The Balipara and the Naduar reserve forests are now shorn of any worthwhile forest cover and are interspersed with villages and agricultural fields. Sopaloga forest village where the present study was carried out comes simul-taneously under the West buffer of NTR and the Balipara RF. Although buffer areas of the NTR come under two separate reserve forests, the entire area is referred to as ‘Nameri’ in popular parlance. This essay also subscribes to this usage of the term.

There is no known history of any internal settlement in the Nameri forest reserve when it was declared as such. Even today, there is no human settlement inside the core area of the park. The river Jia Bhoroli flows along the park’s western and southern boundaries while the river Bor Dikarai forms the eastern boundary of

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Issues of Conservation and Livelihood in a Forest Village of Assam 51

the park. The area mostly encompasses plains except along the northern boundary which the park shares with the hilly terrain of Arunachal Pradesh.

NNP harbours a rich diversity of flora and fauna and is an ideal habitat for the Asiatic Elephants, Tiger, White Winged Wood Duck, various species of Hornbill, Assam Roofed Turtle, etc. The river Jia Bhoroli is a breeding place of varieties of fish like the Golden Mahsheer, Silgharia (Labeo pangusia), etc. Nameri can potentially support a population of around 30 adult tigers. However, at present the estimated tiger population of the park is less than half of this number.

The recent years have witnessed heavy biotic pressure in and around the Park which the forest department and the conservationists attribute to the increasing population and the illegal encroachments in the forest areas. Its forest dwellers, like other forest dwellers in Assam, being traditionally dependent on settled agri-culture for their livelihood, the ‘land’ question in Nameri has become a much challenging and contested issue in recent times.

Land, Peasant and Forest

Although in the medieval times land was abundant in the Assam valley, it was rather limited for the surplus-yielding wet rice cultivation. It necessitated a major drive by the semi-feudal Ahom state to reclaim agricultural land from the existing

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wastelands and forests. Under the corvee labour (called paiks) system of the Ahom state, each able-bodied peasant subject was given some agricultural land for his service towards the state (Guha 1991). Further, the peasants could supplement their subsistence with various products from forests and wastelands which served as village commons.

The prevailing landscape of Assam valley underwent a drastic change with the advent of the British colonial rule in the early part of the nineteenth cen-tury. With the introduction of the tea plantations in the upper and central Assam in mid-nineteenth century, a different kind of situation unfolded. The process of transformation of the ‘jungles’ and ‘forests’ to (tea) ‘gardens’ usurped into a large quantity of village commons or community forest lands from 1850s to 1880s. The common property resources such as forests, forest products, rivulets and grazing lands were brought under the control of the colonial administration posing a seri-ous challenge to the future expansion of the Assamese peasant economy. Under the Bengal Forest Act, 1865, forests of Assam were classified into two major categories: the Reserved Forests and Open Forests or Protected Forests. In the former, the forest department enjoyed the exclusive administrative control over the forests and its products. While in the later, control and rights of the forest department were confined to specific reserved trees. The main interest behind the reservation of forests was to secure monopoly control over the commercial value of the forests (Saikia 2011: 69–70).

The Assam Forest Regulation (AFR) of 1891 made more space for commercial exploitation of forest. Initially lands lying fallow or without any commercially productive timber were deforested or disposed off to meet the requirement of the tea planters and the railway companies. A new category of forests known as the Unclassed State Forests (USFs) was created under the AFR of 1891 which came to incorporate the Open Forests. Constituted mainly of the grassland for-ests, the areas under USFs had historically been targets for land reclamation for agriculture. But the colonial regime kept on arbitrarily bringing vast amount of land under this category without any consideration for the history of land use in the region so that at the time of independence the volumes of such forests far exceeded the reserved forests.

Interestingly, it is the colonial administration itself which started the process of settling marginal peasants in the forest areas and they were allowed to prac-tice agriculture therein in exchange of their labour for collecting forest resources, mainly timbers and other activities to the colonial forest department. Since the early twentieth century, the colonial regime saw the possibility of opening up the wastelands of Assam for jute cultivation. With this purpose, it opened the wastelands which included the swampy but mainly fertile grasslands of central and lower Assam for the poor peasants from the erstwhile East Bengal as the local peasantry did not practice commercial cultivation of jute. The colonial regime also adopted the policy of opening up more wastelands for agricultural production aiming at generating more revenue. For this too, it encouraged the immigration of peasants, mostly Muslims, from East Bengal. Under the Muslim League ministry

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Issues of Conservation and Livelihood in a Forest Village of Assam 53

in the late 1930s which had the tacit support of the colonial administration, this policy was carried out in an overzealous manner. Under such political patronage, immigration to Assam multiplied and vast areas of forest and wasteland of Assam became immigrant habitats (Sharma 2001: 4793).

All these seriously restricted the access of the local peasantry, tribal and non-tribal, to the land resources. Besides, the two great earthquakes of 1897 and 1950 had cataclysmic effects on the topography of Assam. The 1950 earthquake caused an alarming rise in the Brahmaputra river bed which in turn resulted in more flood and erosion and land alienation among the indigenous peasantry, especially in upper Assam. Post-1950 period witnessed large-scale migration of upper Assam peasantry in search of agricultural land. The available wastelands including forest reserves, grazing land, etc. became their main target. This flow of peasants con-tinued as the problem of landlessness only accentuated over time with the advent of other private commercial interests which were looking for vast land resources for different enterprises not to talk of the various developmental (e.g., oil fields) as well as the military projects of the government. On the other hand, in lower and central Assam, the size of immigrant peasants has grown exponentially creating a serious crisis of land among the local peasantry. In response to such a situation, the Assamese peasantry rebelled several times since 1947–48 demanding agricultural land. A number of these risings have been witnessed among the forest dwellers and the new encroachers demanding more land and tenurial rights on such land.

The Forest Villages of Assam

The creation of forest villages was a part of the colonial forest management strat-egy. The colonial forest department had to meet the demand of large-scale timber extractions from the forests for railway expansion. For this, a stable supply of labour was required. In the early phase of forest exploitation, supply of labour was met through the introduction of the taungya1 system. The latter was introduced mainly in the areas where the local people refused to lend their labour for govern-ment sylvicultural programmes. Initially, the taungya labourers, drawn from tem-porary settlements in the forest area, were forced to render free service to the forest department for a fixed number of days in a year. Later, the taungya labour-ers were provided homesteads and agricultural land in lieu of their services. These settlements came to be known as forest villages (Sonowal 2007: 48).

However, it is to be noted that there were also human settlements in various forest areas of Assam which pre-existed the British rule. After most of the forested tracts of the state were brought under the control of the colonial forest department, many such settlements were also converted into forest villages. For instance, in areas like the Doyang forest reserve (declared as such in 1878) situated in the Assam-Nagaland foothills border, there were a number of villages established dur-ing the Ahom reign. These villagers were settled there as part of the Ahom state’s policy of continuously expanding its agrarian frontiers (Saikia 2008: 79–80).

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54 Chandan Kumar Sharma and Indrani Sarma

The AFR of 1891 stipulated for each adult member of a forest village yearly 20 days of physical labour to the forest department at the prevailing local wages. This system was locally known as begar. In exchange, the forest dwellers were allowed to collect thatch, firewood, cane, etc. from the forest. They were also allowed to collect timber to build and maintain their houses. Further, each family was entitled to 10 cartloads of fuel wood every year in return for additional 10 days of labour (Saikia 2011: 102). However, these forest dwellers were totally under the control of the forest department. They had no tenurial rights on land which contributed to much of the insecurities and hardships that the forest dwell-ers suffered both in colonial and post-colonial periods and thus has become the central issue in the relationship between the forest dwellers and the forest.

Formation of Human Settlement in Nameri

Like other RFs of the state, in Nameri too, the British administration allowed the poor and landless peasants to settle in the vicinities of the forests since the early twentieth century to ensure the regular supply of manpower for various activities of the forest department. The elderly villagers2 of the area state that the early set-tlers of Nameri migrated from the nearby areas of Balipara and Chariduar who had lost their small landholdings on account of either river erosion or shortage of land owing to population increase. The coming up of a number of tea plantations in the area also critically affected the local peasants’ access to new land. Later on, these temporary settlements were converted into forest villages. The villagers were given cleared up patches of forest lands for agricultural activities in return of their physical service to the colonial forest department and a small amount of revenue (khajana3). Accordingly, each adult forest villager was required to render 20 days of manual labour annually to the forest department at the prevailing rate of wage. Locally, this system was known as begari (begar services or unpaid labour). However, the villagers were allowed to collect firewood, bamboo, cane and thatch from the forests free of cost. They were also allowed to remove suffi-cient building materials to maintain their dwelling units.

The land that the forest villagers received from the forest department, however, had no tenurial security. Each family was allotted 10 bighas4 of cultivable land (rupit mati) and five bighas of homestead land (bari mati). The forest department maintained strict control over the forest dwellers. No outsider was allowed into a forest village without the permission of the Assistant Political Officer (APO)5 at Chariduar. Gradually, the situation in the forest villages changed with the villagers learning to negotiate their interest with the forest officials resulting in the reduction of the fixed 20 days of annual begar service to 10 days and then to 5 days. Finally, a new consciousness gained ground among the villagers that since they were already paying ‘revenue’ to the forest department, the continuation of begar serv-ice was an exploitative practice. Thus, the villagers gradually stopped the begar service. The forest department also made no attempt to enforce the system.

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The Sopaloga Forest Village

Although the early settlers appeared to have migrated into the Nameri area during 1920s to 1930s, in official records Sopaloga and other forest villages are mentioned as ‘forest villages’ only since 1962. Sopaloga is a non-tribal forest village consisting of 98 households with a population just above 500. All the villagers of Sopaloga belong to the Assamese Koch community recognized as the Other Backward Classes by the Indian Constitution. Almost all the families of Sopaloga are entirely depend-ent on agriculture though a few families in the village also have other sources of income. There are also variations in the size of landholdings among the villagers.

The villagers do not exactly remember when their forefathers had migrated to this area. Their settlement in the area had taken place over a period of time. Conversations with the villagers show that even today they are not very particular with dates and numbers. They do give account of the past history of the area but are vague about the exact dates when their forefathers had migrated to the area in search of agricultural land.

This vagueness stems from the illiteracy of their forefathers and lack of rel-evant documents in their possessions. However, they could well relate the times

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56 Chandan Kumar Sharma and Indrani Sarma

in the past to some watershed events, like two World Wars, India’s independence movement and Indo-China war, etc. In the absence of any historical records about human settlement here, one has to depend mainly on these narratives of the villag-ers and a few other related official documents. We have managed to find khajana (land revenue) receipts of the years 1941, 1942, 1951–52 in Sopaloga and those of 1937–38 and 1946 in the contiguous Gamani forest village in the possession of some families. Naturally, they did not start paying khajana right from the ini-tial years of their settlement. The settlement must have grown bigger when the colonial forest department imposed khajana on them. Further, Rajani Bhuyan, a 95-year-old villager, states that when he came to Sopaloga in 1947, villagers already settled here, though in small numbers. He started a primary school in 1947 in Eraliloga, a nearby forest village. We met many of his students in the village, a few of whom are now in their seventies. They recount interesting past narratives on the relations between the hills tribes of Arunachal Pradesh with the villagers. The hills tribes used to come down during winter to the villages of Nameri with their hill products and exchanged that for procuring their wherewithal from the villagers.

Today, Sopaloga and other forest villages have various institutions such as primary schools, Primary Health Centres, Anganwadis and Village Panchayat. The villagers also receive the benefits of various government schemes such as Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS), Rajiv Gandhi Rural Electrification Scheme, Indira Awaas Yojana, Below Poverty Line cards and Public Distribution System through the agency of the Panchayat. The administration of the village, however, is in the hands of the forest depart-ment. In the village, the gaonburha (village headman) plays an important role in representing the villagers’ requirements to the forest authorities. He is generally selected by the villagers from among themselves. In case of any dispute in the village or with another forest village, the villagers resolve it through the instrumen-tality of the mel (assembly) of the villagers which is a traditional Assamese practice. However, in case of disputes between a revenue village and a forest village, the forest Ranger has to be immediately informed as police cannot directly intervene in matters pertaining to the forest villages.

All the forest villages, whether tribal or non-tribal, in Nameri share amicable relationships among them. It is worth mentioning that the socio-economic systems of these tribal and the non-tribal forest villages hardly demonstrate any significant difference. Agriculture is their main source of sustenance and dependence on for-est resources is only supplementary. Being dwellers of forest villages, they enjoy certain benefits including access to fuel wood from the forests, minimum annual khajana on land, provision of community wells, roads, schools, free vaccination for livestock, search lights to chase away wild elephants, etc. Nevertheless, lack of tenurial security of land has been responsible for many difficulties for them. According to them, their greatest difficulty is to obtain government or banking loans since they do not possess any official land documents (pattas). As such, they cannot mortgage or sell their land even in times of emergencies. However,

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we have found that needy villagers do mortgage their land to the fellow villagers informally for cash without the knowledge of the forest department. This also speaks of the internal economic differentiation within the village.

Agriculture is the pre-dominant economic activity in Sopaloga. A few villag-ers also have petty government jobs while some others have small businesses (such as grocery shops, tea stalls, hair cutting salon, etc.) within the village. Some villagers with lesser acreage practice sharecropping while others, especially the landless villagers, earn their livelihood as wage labourers within the village and under various government schemes such as MGNREGS and the Joint Forest Management (JFM) Schemes under the forest department.

Landlessness in the village can be attributed to a number of factors. Initially, the colonial forest department allotted a total of 15 bighas of land to each family. However, the expansion of families led to fragmentation and eventually the short-age of land. The villagers tried to solve this problem by encroaching on to forest lands and turning them into cultivable land. But such encroachment by the forest villagers has now become difficult as the forest department has come to demar-cate the forest land for specific conservation schemes. Any act of infringement by them would only invite reprimand from the forest department which would result in their loss of other privileges. However, encroachment by outside settlers, often backed by political forces, continues unabated.

The crucial economic activity of the village, that is, the rice production, is accompanied by considerable anxiety. Crop raids by wild elephants are regular in Sopaloga and other forest villages which have compelled the villagers to aban-don the sugarcane plantation and the late-maturing sali rice cultivation for early maturing varieties of rice. The women villagers do virtually everything in the field except using the plough. However, they never go out to the forest in search of firewood, which is always a man’s work. This is in contrast to most PAs in other parts of India where a majority of the forest produce collectors are women who often face the ire of the forest officials and harassment by the forest guards (Prasad 2008: 228).

People’s Participation in Conservation

According to the local forest dwellers, the forest resources in Nameri saw quick depletion since early 1980s. They unequivocally attribute this mainly to the slip-shod attitude of the forest officials. It is true that human habitations in and around Nameri have been growing at a formidable rate. NNP today faces serious chal-lenges from factors such as large-scale deforestation for securing cultivable lands, illegal timber trade, illicit boulder mining from the river Jia Bhoroli and poaching. These factors have led to rapid depletion of forest cover, erosion of rich biodiver-sity, fragmentation and shrinkage of animal habitats and the near extinction of a variety of rare species of animals. Nearly all deforested tracts in the area have been converted to cultivable land. Herds of elephants ravaging crops and houses

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58 Chandan Kumar Sharma and Indrani Sarma

are a regular occurrence in the villages in and around NNP. Indeed, the area is witnessing increasing number of cases of man–forest conflict not only in terms of land encroachment but also killing of wild animals by villagers and outside poachers. Wild animals straying into the village has become more frequent. Although, in recent times, a number of conservation measures have been under-taken by the forest department, Ecological Task Force (ETF) and other wildlife conservation agencies, these measures still seem far short of the efforts necessary for a sustainable conservation policy in Nameri.

Launched by the Union Ministry of Defence in 1982, the ETF scheme aims to secure involvement of ex-servicemen in afforestation and eco-development in remote and difficult areas. The scheme also serves as a mechanism to rehabilitate the ex-servicemen for productive work and to create employment for retired army personnel. One ETF unit was raised at NNP in 2007 to check the massive degrada-tion of the ecosystem in the area and to transform the deforested tracts with green cover while ensuring people’s livelihood needs.

The ETF has undertaken the plantation of a variety of medicinal plants as well as fruits-yielding trees which are regarded as the non-timber forest products (NTFPs) and which can be sustainably harvested. The Commanding Officer of the Nameri ETF maintains that by gathering and selling the NTFPs (fruits such as mango, guava, orange and jackfruit), the local villagers can earn a good income. He appears optimistic about regeneration of biodiversity in the area through the implementation of their greening programme. He also reveals that their unit faces many problems, the foremost being the local villagers’ lack of support and par-ticipation in this project. The local villagers acknowledged the good works of the ETF but are indignant that ETF has snatched away the land in which they once grew mustard. They are not ready to wait for the ‘long-term benefit’ that the ETF promises them. A villager from the Tarajan forest village of Nameri says:

The ETF is doing a good work. But it started plantations in the areas where we were growing mustard seeds. For us cultivation of mustard used to be an important additional source of income. Now, due to unavailability of such fertile land we are forced to com-pletely scrap off mustard cultivation.6

In 2005, JFM scheme was launched in NNP though this concept was introduced in the Indian forest management in 1988. The JFM envisages the protection and management of forests, in exchange for usufruct rights of the forest dwellers over forest produce for subsistence. Most of the poor villagers, including women, work as wage labourers under various JFM schemes. These schemes undertake planta-tions in the deforested tracts and other developmental activities such as renova-tion of schools and construction of village roads.

In Nameri, what appears on the surface to be a simple matter of engaging the forest dwellers in the protection and management of forests quickly transforms, on closer inspection, into a complex tangle of conflicting issues. The working of JFM in Sopaloga clearly shows poor coordination between the villagers and

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the forest officials. Although the JFM envisions a people-oriented programme of sustainable development, it faces sharp criticism from the villagers. The villagers in Sopaloga resent that the JFM follows a ‘top-down approach’ in terms of decision making. They allege that the forest officials always take advantage of their illiteracy and ignorance and that most of the official papers are in English and are never trans-lated. The villagers complain that they are mostly unfamiliar with the provisions of JFM and cannot locate themselves in the schemes under JFM. The only thing they know is that a JFM Committee7 has been constituted in the village in collaboration with the forest department to undertake afforestration activities and they can earn wages by participating in it. A villager comments:

We are illiterate and the foresters always take advantage of our ignorance. Most of the official papers on JFM are in English … the foresters do not read out and translate for us whatever is written in these papers in the JFM Committee meetings … We do not see ourselves anywhere in the plans and strategies of the JFM Committee. We know that the FD has huge funds for JFM but we do not know how the money is used. The forest officials are the main actors who take all the decisions without our involvement.8

It is clear that JFM has not been quite successful in the forest villages of Nameri, when compared with some other parts of the country. It may be noted that the examples of participatory conservation through JFM from various PAs in India show regional variations in terms of its success. In some states, the move towards democratization of forest management has been negligible, whereas in some others, it has moved on to the politics of negotiation. In West Bengal and parts of Andhra Pradesh, Madhya Pradesh and Himachal Pradesh it has gone further, embracing the politics of collaboration through the creation of JFM regimes (Guha 2006: 120–1). Indeed, the key concern of the villagers appears to be getting access to cultivable land. They also appear to be indifferent to take up the responsibilities of stopping illegal felling of trees and illegal collection of firewood by outsiders. Rather, the villagers often empathize with the small illegal fellers. In a JFM meeting of the villagers with the forest department, a villager openly stated that the collection of firewood ‘is a source of survival for many poor villagers from the nearby areas. Most of them are known to us. It is therefore difficult for us to stop them. Besides, such actions on our part would only create bad blood between them and us.’9

Rights Over Land and FRA 2006

However, in so far as the right of the forest dwelling communities on their land and forest is concerned, the promulgation of the FRA 2006 created new possibilities of entitlements. The Act broadly aims to recognize and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers (OTFDs) who have been residing in such forests for generations but whose rights could not be recorded. The Act generally was seen as a saviour

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60 Chandan Kumar Sharma and Indrani Sarma

of forest-dwelling communities and as a historic endeavour to ‘undo’ the wrongs committed against them.

One of the most significant provisions of the FRA recognizes the ‘rights of settlement and conversion of all forest villages, old habitation unsurveyed villages and other villages in forest, whether recorded, notified or not, into revenue villages.’10 The Act brought new rays of hope to the villagers of Sopaloga and other forest villages in Nameri when initiatives for its implementation in the area were undertaken in December 2008. The villagers were happy that the Act would provide them permanent pattas on their land and that they would no longer have to live under the control of the forest department. Locally, the FRA came to be known as Maati Patta Aain (Land Rights Act). As per the Act, along with other forest villages of Nameri, a Forest Rights Committee (FRC—Bon Adhikar Samiti) was constituted in Sopaloga which laid down the procedure for the recognition and settlement of rights of the villagers. It consisted of 15 members selected from among the local villagers. The process of submission of claims was carried out with much enthusiasm. The FRC meetings were held in the village in early January 2009. Owing to the villagers’ unfamiliarity with the claims process, a lot of confusion occurred during the verification process. Finally, the FRC could accumulate claim forms from all the villagers in the first week of April 2009.

However, at the time of submission, the forest officials declared that Sopaloga forest village had not yet completed 75 years and thus was ineligible to get the benefit under the FRA. Although the FRA makes provision for the recognition of the existing forest villages as revenue villages, this was either entirely suppressed or ignored by the local forest department. It is noteworthy that according to the latter, Sopaloga and several other neighbouring villages were recognized as ‘forest villages’ only in 1962 though this date is contested by the local villagers. What is significant here is that the local forest officials are focused only on that provision in the FRA, which is applicable to the forest dwellers outside the forest villages. The Section 4 (3) of FRA pledges to recognize the rights of the forest dwelling scheduled tribes and OTFDs inhabiting a forest land prior to 13 December 2005. However, as per Section 2 (o) of the Act, the OTFDs are required to have, for at least three generations (i.e., 75 years) prior to 13 December 2005, primarily resided in and depended on the forest or forests land for bona fide livelihood needs.

Such a twist in the implementation of the Act by the forest officials dealt a body blow to the optimism of the local communities to get rights on their occupied forest land. While the prevailing oral history suggests that the history of human penetration in this area is more than 75 years or three generation old, the lack of proper supporting written evidence now becomes the root of all problems. The villagers contend that records regarding the transformation of the early human settlements in the area during the colonial period were kept in the APO office at Chariduar which was also in charge of the forest administration in the area. However, with the change in the administration in 1962, many important histori-cal records and documents either lost or perished. The office of the APO was also

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eventually abolished in 1978. These documents, the villagers maintain, would have proved critical in ascertaining their legal rights on the forest land under the FRA. The forest officials also deny having any records in their possession prior to 1962, the year in which they were declared as ‘forest villages’.11 They maintain that it has the khajana records of the forest villages of Nameri only since 1962. Amazingly, neither the villagers nor the forest officials could give a satisfactory answer to as to why the villages of the area were declared as forest villages again in 1962 if they were already recognized as such. Indeed, the villagers assert that their villages were referred to as forest villages in official records since much before and that they have been paying khajana to the forest department since then. We have also found a khajana receipt of as early as 1937–38 in the contiguous Gamani village which clearly defines it as a forest village. Human settlements in both Gamani and Sopaloga had come to exist at the same time. The elderly villagers state that they used to pay khajana at a Forest Beat Office at Chariduar and the records were kept at the APO office till early 1960s. After that this Beat Office also became the custodian of the khajana records. This continued till the time when a Range Office came into being at Chariduar in 1984.12

Thus, an atmosphere of enthusiasm and hope soon turned into one of despair. The villagers seem to be totally unsure of their next step. Interestingly, one does not witness any sustained organized mobilization among the forest dwellers of Nameri on the issue of land rights although on this same question a popular peas-ant mobilization led by the Krishak Mukti Sangram Samiti sweeps across con-temporary Assam. This may be attributed to the fact the forest dwellers of Nameri live in recognized forest villages and do not want to risk their existing privileges by challenging the forest authorities. The fact that there has been no peasant or political organization to take up their cause unlike some other areas in Assam has also not given them the required confidence to fight for their entitlements as dwellers of forest villages.

There is no doubt that the proof of 75 years of settlement in forest for non-tribal forest dwellers is a very difficult condition enshrined in the FRA. This also dashed the hope of such villagers of Nameri of getting land rights as promised by the Assam Forest Policy (AFP) (2004).13 It is indeed a tall order to expect the villagers (a majority of them were illiterate till a couple of decades back) to keep their settlement records (the khajana receipts) for such a long time what even the forest department has failed to do.

This unfolds a very perplexing situation where contesting discourses with regard to a not-so-ancient historical fact pertaining to the rights on forest land have emerged within the context of a national park. The situation betrays a typical cavalier attitude of the forest department which is not only supposed to be acquainted with all the important developments but also to be the repository of all important records pertaining to the forest villages. The villagers lament that they never thought that this kind of a situation would arise one day and that the khajana receipts would be so crucial in ascertaining their settlement rights. Indeed, the issue of regularization of patta is not new in Assam. The AFP 2004

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62 Chandan Kumar Sharma and Indrani Sarma

spoke of regularizing the pre-1980 encroachers on forestland. But with the com-ing of the FRA, the AFP became redundant.

However, the tribal forest villagers around Sopaloga are set to get the tenu-rial rights over their land under the FRA. This has created some discontentment among the non-tribal forest dwellers who have assumed that the recent tribal encroachers would also get land rights while they would not under FRA. It may be mentioned that most of the new tribal encroachers in Nameri, mainly the Bodos, became forest dwellers only as an ‘accidental by-product of a political movement’ (Bose 2009). The Bodo homeland movement since 1990s to create a contiguous Bodo-inhabited territory in the northern Assam brought a huge influx of people to different forest reserves of the state. The settlers had migrated from different parts of Assam. Although political motivation was the major driver, settlers were additionally motivated by the hope of more secured land and livelihoods. Lack of available revenue land meant that the settlers had to clear and occupy land in the forest areas. In the process, forests were indiscriminately destroyed to make way for human settlements. Such strategic usurpation of forest land adds a new dimension not only to the ecological conservation but also to the socio-political landscape of the state.

Nevertheless, the local Ranger maintains that the forest department is issu-ing the land ownership certificates to only the dwellers of the existing tribal forest villages and not to the illegal encroachers. Although this certificate is described as ‘patta’ in the local parlance, this entitles these tribal villagers only to have rights over land which is ‘heritable but not alienable or transferable’ under Section 4 (4) of FRA.

Problems with FRA

It is true that most of the rights and privileges addressed in the FRA are ground-breaking. Yet, it has been found that some of its provisions do not match with the existing ground realities. For example, the use of the phrase ‘OTFDs’ in the Act is a vexed one. Section 2 (o) of the Act defines OTFD as any member or community who has primarily resided in and depended on the forest or forest land for bona fide livelihood needs (Upadhyay 2009: 31). This definition holds true for a large number of tribal forest-dwellers in most of the PAs in India for ages. They are not settled agriculturalists, but ‘gatherers’ who live in close proximity to forests, and most of them have a long tradition of forest use for sustenance (Lele 2011: 96).

The existing ground realities in Nameri and other forest areas of Assam, how-ever, are at variance with the definition of OTFD as used in FRA. Here, the forest dwellers, tribal or non-tribal, cannot be termed as the ‘traditional dwellers’ because they are neither the traditional inhabitants of forests nor intrinsically depend-ent on forest produces for their livelihood. They are basically peasants and their dependence on forest is only complementary. Various factors, however, forced these indigenous poor peasants to move into forests areas in search of land and

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livelihood. One also does not witness any sacred grove or explicit history of forest protection among the forest villagers of Assam, including Nameri. In other words, the history of man–forest relations in the area has its own specificity and varies from the central and eastern Indian situations that informed the FRA which in its present form bodes adverse implications, especially in the light of a hostile state government, for the non-tribal forest dwellers of Assam.

However, as mentioned above, the dwellers of a number of the tribal forest villages in Nameri such as Dharikati, Eraliloga, Bogijuli and Sotai have recently got land ownership certificates (patta) under the FRA. Earlier the villagers were not allowed to collect NTFPs other than firewood, thatch, fodder, etc. Now, they can collect all NTFPs. But that is almost irrelevant for the forest villagers in Nameri as its forests now hardly have any worthwhile NTFPs except firewood which the villagers anyway collect from the fringes of the forest. Further, there have been several lapses in the process of providing land rights to the tribal forest dwellers too. One glaring lapse is the non-constitution of Gram Sabhas. It is found that there has been lack of awareness about the provisions of the Act even among the officials of both civil and forest administration. Awareness campaigns pertaining to the local people’s rights and privileges as per the Act also have not been carried out. Moreover, there has been no flow of information among various implementing agencies such as FRCs, forest department and Sub-divisional and District Level Committees. The forest officials also presume that granting of ‘patta’ will only encourage more encroachment leading to more deforestation.

Indeed, the implementation of the FRA in different states has shown varied responses. It has faced challenges even in those states of central and eastern India which consist of largest number of forest dwellers. In Andhra Pradesh, for example, the Act came under severe criticisms during the initial phase of its implementation (Reddy et al. 2011). The forest rights activists from Uttar Pradesh complain that the government is engaged in subverting the FRA by pitting the Adivasis and the Dalits against each other. Again, the state’s taungya community is also finding it hard to get their entitlements under FRA as the illiterate taungyas do not have the required documents to support 75 years of residential proof. These documents are with the forest department which is not keen to part with the land (Tripathi 2011). Besides, the attempts at corporate acquisition of tribal-inhabited forest land in the states of Chattisgarh and Orissa have already generated much public outrage.

In Assam too, the scope and nature of the definition of ‘forests’ has been grossly misinterpreted by the state government officials leading to non-implementation of the FRA in areas where the definitions of ‘forests’ has strong implication. The fact that the state underwent through different stages of evolution of modern legal meaning of ‘forests’ also adds to the problem. Moreover, the Committee of the Union Ministry of Environment and Forests (MoEF) and the Ministry of Tribal Affairs (MoTA) on the implementation of FRA in its report on Assam prepared after its consultations with the concerned public and the government

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64 Chandan Kumar Sharma and Indrani Sarma

officials notes that like the rest of India, the concerned Assam government offi-cials are also found to be either extremely critical or indifferent to the FRA. Often they are unaware of the provisions of the Act and indulge in misinterpre-tation. In Nameri, the forest officials are clearly seen to be engaged in subvert-ing the provisions of the Act. The Committee finds that the state government is especially critical of Section 3 (h) of the FRA which makes provision for con-version of forest villages to revenue villages. The Gauhati High Court ruling in 2009 stating that there are no traditional forest dwellers in Assam has also been used as an excuse by the state government for not implementing the Act. The ruling despite being technically true clearly glossed over the specific historical processes of land use and alienation among the local communities and their relationship with forest land and other resources. Interestingly, the Assam chief secretary stated before the Committee that the state government would give rights to the tribals but not to the non-tribals as most of them were encroachers. The Committee also notes that while the government has apparently prioritized the forest villagers and ST populations to be given land rights among all other claimants, there has been complete lack of any entertainment of the claims of OTFDs except in those areas where there are strong and vested political inter-ests (Kiro et al. 2010).

New Challenges and the Need for Alternative Perspective

It is clear that the lack of alternative avenues of livelihood has forced many Nameri villagers to indulge in activities which pose threat to the forest. Many local youths are involved in illegal timber felling under the patronage of the timber traders from outside the area. The job pays little in comparison to the risk involved. Creation of alternative sources of livelihood can significantly bring down such practices. It may be mentioned that ever since the neighbouring Chariduar Cotton Mill was shut down in 2001, many people from the nearby forest villages became jobless who found employment, direct or indirect, because of the mill. Local peo-ple maintain that the closure of the mill has had a direct bearing on the increasing illegal activities in the forest.

The new encroachments on forest lands by the outsiders, mainly the Bodo tribal migrants, are also a cause for concern for the forest dwellers. There is resentment among them that the forest department is totally indifferent to such encroachment that has taken place in recent times in the buffer areas of the NNP. This also seems to have dampened the local forest dwellers’ interest in conservation.

The situation in Nameri also largely applies to other forest reserves of Assam. The state forest policies have also largely been ineffective in accommodating the survival needs of communities and forest conservation in a sustainable manner. For example, the AFP 2004, despite its progressive intent on many issues came under criticism by forest rights activists for emphasizing a model of forest management

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which is more applicable to other parts of the country (Gogoi 2008: 59). Indeed, the AFP 2004 was prepared in the mould of the NFP 1988. The FRA too initially generated a lot of hope among the forest villagers of Assam only to create new uncertainties later.

Evidently, the villagers are not likely to support the official conservation pro-grammes, unless they receive some benefits in return. Question thus arises regard-ing the suitable development and conservation strategies to address the local needs. The study finds that a sustainable conservation policy in Assam must integrate the issues of land question, livelihood needs and forest conservation. The state policies so far have been formulated in the mould of the national policies which do not necessarily deal with the specificities of the region. The case of the forest dwellers in Assam reflects a somewhat different reality from their counterparts in central or eastern India where the NTFPs provide main sources of sustenance to millions of people living in and around the PAs. These forest dwellers collect the NTFPs either for self-consumption or for selling them in the local markets fulfilling their subsistence needs and giving employment opportunities mainly in their collection, processing and storage (Sachchidananda 2004: 71–7). Unlike the latter, the forest dwellers in Assam are mainly agriculturalists with minimal dependence on forest products for their sustenance. Since land is their most vital source of survival, alternative livelihood opportunities have to be created beyond agriculture if forest conservation is to be successful. Only that would help divert pressure from forest lands for agricultural expansion. Such regional specificities have to be addressed by the forest conservation policies.

In Nameri, the tenurial rights over land being the most critical issue among its forest dwellers, they would not take up conservation responsibilities if they are not provided with such right. Further, it is equally important to adopt hands-on conservation strategies which entail evolving innovative practices of alternative livelihoods for the villagers. This is expected to motivate the latter to conserve forests out of their self-interests and to create a positive associa-tion between the two (Shahabuddin and Rangarajan 2007: 12). The alternative livelihood options for the villagers of Nameri may include dairying, weaving, handicrafts, horticulture, etc. The JFM schemes in Assam have provisions for ‘Entry Point Activities’ which mainly stress on community welfare activities in the forest villages. Unfortunately, these are only in papers. In Nameri and other PAs in Assam, the JFM schemes are limited only to the afforestation activities. Even these are unilaterally decided by the forest department and not properly monitored after implementation.

However, the time has come, especially after the coming of FRA, to give the community a greater role in the process of conservation. Besides, a proper assess-ment of the land-use practices in the forest villages also has to be undertaken. A ceiling on each family’s landholding in the forest villages must be strictly imposed as per the FRA. This will put a restriction on the widespread human use of the forest areas (Saberwal et al. 2001: 46) by allowing only certain land-use practices and income generating options for sustainable livelihood.

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66 Chandan Kumar Sharma and Indrani Sarma

Conclusion

This study shows that there is an urgent need to incorporate the local historical and livelihood specificities into the broader-level conservation policy perspective. No policy on forest conservation can succeed in Assam, for example, unless it accounts for the unique history of land use and alienation among its indigenous people. This also necessitates that the FRA is suitably amended and a more practi-cal deadline is formulated for providing land rights to the OTFDs in Assam (and in other states). Simultaneously, the forest department must enforce the existing laws, indeed in collaboration with the forest dwellers, to combat illegal encroach-ments and commercial activities inside the PAs. This role of the forest department is vital as it is not possible for the forest dwellers alone to thwart the encroachment and other illegal practices in the forest which are backed by powerful political forces including armed insurgents.

The FRA indeed offers a broad and flexible framework for addressing forest conservation and livelihood needs of the forest dwellers. However, much depends on the pro-active role of the government in this regard. Unfortunately, the Act is being routinely sidelined and subverted by the union as well as the state govern-ments. The forest department on its part has allowed various technicalities to take precedence over the spirit of the Act to deprive forest dwellers of their ‘unsettled cultivation rights and missing forest use rights’ (Lele et al. 2011: 107). The expe-rience in Nameri clearly testifies to this. However, with the pressure on forest land mounting in Assam owing to the expanding agrarian frontier as well as the exigencies of homeland politics, it was time that such an exclusivist conserva-tion model gives way to a more inclusive, people-friendly policy to meaningfully address the intensifying conflict between the community needs and conservation paradigm of the state.

Notes

1. Taungya, believed to have been developed by the British in Burma during the nine-teenth century, is a system of forest management in which land is cleared and planted initially to produce food crops. Seedlings of desirable tree species are then planted on the same plot, leading in time to a harvestable stand of timber.

2. Rajani Bhyan (95), Axai Saikia (83), Daimai Das (78) and Gunadhar Das (72) of Gamani provided important information on the early human settlement in the area.

3. Rent on land. 4. 1 bigha = 1/3 acre (approximately). 5. In 1914, the present-day Arunachal Pradesh was named as the North East Frontier

Tract which was divided into three Frontier Tracts. Each Tract was placed under the jurisdiction of a Political Officer. Subsequently, to assist the latter the posts of the Assistant Political Officers (APOs) were created. An APO was posted in Chariduar who also looked after the forest administration of the area.

6. Muhidhar Das of Tarajan forest village.

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7. It consists of a Member Secretary from forest department, a President from the village, a member from the Panchayat or the Gaonburha (village headman), three men and three women members selected from among the villagers.

8. Discussion with Purno Kanta Das of Sopaloga. Villagers from Sopaloga, Gamani and other nearby forest villages too shared the same views on the working of the JFMCs.

9. This meeting took place in Sopaloga on 8 November 2010.10. Section 3 (h) of FRA 2006.11. Vide sanction numbers FG 18/3 (a) to FG 18/3 (G) dt 23.4.62, B/7533 dt 7.10.55 and

B 3650 dt 22.5.56.12. As stated by the present Range Officer of Chariduar.13. Assam Forest Policy (2004), 4.3.1.1.

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