Mainstreaming Women’s Claim to Land Rights

Dr V Rukmini Rao

Claiming Forest Rights

The Forest Rights Act (FRA), 2006 is a historic recognition of the rights of Adivasi People

Example from Andhra Pradesh to mainstream women.

Programme undertaken by Natwan Sangam, Koya Women’s Organization supported by local organization ASDS and Gramya

Objectives

Create awareness among the Koya community and create space for women to claim rights

Training and orientation about the law to FRA committee members

Recording individual claims and collective claims

Recognition that collective claims cater to gendered needs of collecting fuel-wood and fodder

Process for Implementation of the Law

Schedule Tribe/Other forest Dweller/

Gram Sabha (Assisted by

Forest Rights Committee)

Sub-Division Level Committee

(SDLC)

District Level Committee(DLC)

File Claims &Submit Evidences

Receive Claims/Scrutinize Claims/Fix dates to produce further evidence

Prepare draft Records on Forest Rights

Pass Resolution

Compile the cases/Hearing of aggrieved parties

Forward to SDLC

Final Approval the Records of forest rights/Hear petition

Forwarding to DLC thr’ SDO

Claims and evidences in prescribed formats

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Services(G2C, G2G etc)

MOT Monitoring

State Level Monitoring

Linkages

System Work-Flow

Forest Database

Linkages

Accepts /Rejects

Aggrieved Parties

Aggrieved Parties/petition in 60 days

Claim not in accordance with rules/formats are sent back

Enters in Revenue Records

Process for Implementation to Claim Community Rights

Nistar rights-sharing of natural forest resources Rights on minor forest produce Entitlement of fishing, water bodies, grazing and

traditional resources access for nomadic people Tenure for habitat and habitation Access to bio-diversity, intellectual property and

traditional knowledge Other community traditional rights not covered

above

To Claim Individual Rights

Formation of Forest Rights Committees Claimants will file the claims in prescribed formats.

Format as given by Ministry of Tribal Affairs can be used.

Forest Rights committee (of Gram Sabha) shall collect, scrutinize and assist Gram Sabha (GS)

GS will take view and pass the resolution (for and against accepting claim) and forward to Sub Division Level Committee (SDLC)

To Claim Individual Rights Contd…

Compilation by SDLC (SDO = Chairperson ) SDLC will prepare the draft record of forest rights in

a meeting and forward to District level Committee (DLC) through SDO

District Committee will take the final decision (approve or reject)…

Aggrieved Claimant from GS/SDLC decisions could go to SDLC/ DLC…Otherwise No direct petitions

Once Record of forest rights are approved by DLC, the decisions will be sent to Revenue Department for updation of revenue records

Campaign

Campaign carried out under the leadership of women

50% Men and women involved in all committees Wall writings Articulation of problems by men and women Regular meeting with forest officials and district

officials and ITDA Files claimed for 3440 acres 15% women filed individual claims All lands in the name of men and women if man is

head of household

Experience from Gujarat

Working Group for Women and Land Ownership (WGWLO)

Objectives Facilitating implementation of existing laws in

Gujarat To influence government and non government

policies including media to mainstream women’s claims to land ownership

To undertake advocacy for legal reforms related to land rights for women

Activities

Action Research – Status of Women and Agriculture Land Ownership in Gujarat

Paralegal Action Research Initiative Capacity Building Training programmes on revenue procedures Collective sharing and learning through

meetings Swa Bhoomi Sammelan campaign with men

and women

Activities

Development of Educational Resources, leaflets, songs, audio spots, booklets, video documentation etc

Documentation of inspirational case studies Networking and Lobbying Campaigns for discussing issues of

inheritance Collaborating with academics and

researchers

Outreach and Achievements

Media advocacy 800 women inherited family land 200 women own public land in collectives 12,000 women applied for ownership of waste lands

in rural Gujarat Training of revenue officials to increase their

sensitivity to women owning land – 435 officials trained

Special Education on Women and Land Rights for Sarpanch Training through Satellite communication

Mainstreaming by the Government of Andhra Pradesh

The state has seen land rights struggles carried out by the communist parties of India and Maoists

Dalit Rights NGOs have mainstreamed ownership for women dalit farmers through their struggles

NGO movement has demonstrated innovative approaches to promote food sovereignity, management of common properties and sustainable agriculture

Mainstreaming by the Government of Andhra Pradesh

This has influenced government policy The government has bought land for dalit

community with a focus on women through the SC corporation

Indira Kranthi Patham supported by World Bank invested 892.68 crores and bought women members of SHGs 4539.24 acres

IKP has restored rights of poor over 1.79 lakh acres by resolving conflicts using Para Legal Workers