A Case Study of Implementation of FRA in Kandhamal

Prepared by: Hitabhilash Mohanty, LLM in Human Rights

For the purpose of implementation of the FRA in the State, CFDRA conducted a study in the district of Kandhamal to find out the implementation status. The below mentioned cases have been identified during the course of field study by recording the statements of the affected tribal persons.

Table – 1: FRA Case Study – 1

Particulars	Details
Block & Village	Srasananda
Population of village (No. of house holds)	100
Major Source of Occupation	Agriculture
Name of Community	Kandha (ST)
Facts of the case	Forest Dept. have given permission to the villagers to collect Minor forest products from the forest only for their daily uses, but they were not allowed to sell these products in market.
Source of Information	Villagers
Authorities contacted
Current Status	Same

Table – 2: FRA Case Study – 2

Particulars	Details
Block & Village	Daringibadi&Basabadi
Population of village (No. of households)	45
Major Source of Occupation	Agriculture
Name of Community	Kandha (ST)
Facts of the case	Forest Dept. have given permission to the villagers to collect Minor forest products from the forest only for their daily uses, but they were not allowed to sell these products in market
Source of Information	Villagers

Table – 3: FRA Case Study – 3

Name	AtalaMallick
Address	Vill: Srasananda, PO/GP: Minia, Block: Phiringia, Dist: Kandhamal
Age	63
Sex	Male
Community	ST (Kandha)
Fact of the case	He had applied for forest land. He paid Rs. 75/- for the application form. But the procedure not completed by the Gram Sabha. Due to this he could not get his forest land.
Source of information	Affected person himself

Table – 4: FRA Case Study – 4

Name	SapteswarMallick
Address	Vill: Srasananda, PO/GP: Minia, Block: Phiringia, Dist: Kandhamal
Age	58
Sex	Male
Community	ST (Kandha)
Fact of the case	He had applied for forest land.  He paid Rs. 75/- for the application form. But the procedure not completed by the Gram Sabha. Due to this he couldn’t get his forest land.
Source of information	Affected person himself

Table – 5: FRA Case Study – 5

Name	DasarathaMallick
Address	Vill: Srasananda, PO/GP: Minia, Block: Phiringia, Dist: Kandhamal
Age	61
Sex	Male
Community	ST (Kandha)
Fact of the case	He had applied for forest land. He paid Rs. 75/- for the application form. But the procedure not completed by the Gram Sabha. Due to this he couldn’t get his forest land.
Source of information	Affected person himself

Table – 6: FRA Case Study – 6

Name	GediliMallick
Address	Vill: Srasananda, PO/GP: Minia, Block: Phiringia, Dist: Kandhamal
Age	59
Sex	Male
Community	ST (Kandha)
Fact of the case	He had applied for forest land. He paid Rs. 75/- for the application form. But the procedure not completed by the Gram Sabha. Due to this he couldn’t get his forest land.
Source of information	Affected person himself

OBSERVATIONS MADE

In the due course of fact finding, it was observed that there exists a dispute between the decision of Gram Sabha and the act of the forest department. It has been observed that the villagers are not allowed to carry the forest produce to sell outside. It was also observed that there is an immense lack of awareness regarding need for recognition of the forest rights of the forest dwellers. Further, they are not fully aware about the procedure. Hence, these forest dwellers are made victims of fraud and miscreants loot away money for providing claim application forms which are available for free in Block offices and in ITDAs.