Habitat Rights of Particularly Vulnerable Tribal Groups: A Critical Issue

Global Scenario

Indigenous peoples worldwide face challenges in preserving their traditional lands and ways of life. The UN estimates that 370 million indigenous people live in over 90 countries, representing 5% of the global population but 15% of the world's poorest. Their rights to ancestral lands are often threatened by development projects, resource extraction, and climate change.

The Indian Context

In India, the situation of indigenous peoples, officially recognized as Scheduled Tribes, is particularly complex. The country is home to about 705 ethnic groups recognized as Scheduled Tribes, representing 8.6% of the population. Among these, 75 groups are classified as Particularly Vulnerable Tribal Groups (PVTGs), characterized by their pre-agricultural level of technology, stagnant or declining population, extremely low literacy, and subsistence economy.

PVTGs are spread across 18 states and one Union Territory in India, with the largest number found in Odisha. These groups are highly vulnerable to displacement, loss of traditional livelihoods, and cultural erosion due to various developmental interventions and environmental changes. The preservation of their habitat rights is crucial not only for their survival but also for maintaining India's rich cultural diversity and traditional ecological knowledge.

Focus on Odisha

Odisha, a state in eastern India, is home to 62 tribal communities, including 13 PVTGs. These groups, such as the Dongria Kondh, Juang, and Bonda, have lived in the state's forests for generations, developing unique cultures and sustainable lifestyles intricately linked to their natural surroundings.

The state has been at the forefront of both challenges and initiatives related to PVTG habitat rights. The famous case of the Dongria Kondh tribe's struggle against bauxite mining in the Niyamgiri Hills highlighted the conflicts between developmental projects and indigenous rights. This case became a landmark in the implementation of the Forest Rights Act and the recognition of community forest rights.

Odisha has also taken proactive steps in recognizing habitat rights. In 2021, the state government approved habitat rights for the Particularly Vulnerable Tribal Group (PVTG) Bondas living in the Bonda hills of Malkangiri district. This decision marked a significant milestone in the implementation of the Forest Rights Act, 2006, and set a precedent for other states to follow.

Legal Framework and Provisions

The primary legislation protecting the habitat rights of PVTGs in India is the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA). This landmark law aims to correct the "historical injustice" done to forest-dwelling communities by recognizing their rights over forest land and resources.

Key provisions of the FRA 2006 relevant to PVTG habitat rights include:

1. Section 3(1)(e): Recognition of rights to community tenures of habitat and habitation for primitive tribal groups and pre-agricultural communities.

2. Section 4(2): Forest rights recognition without any condition of occupation or dependency on forest land prior to December 13, 2005.

3. Rule 12(1)(d): Provision for the District Level Committee to ensure that all PVTGs receive habitat rights.

Apart from the FRA, several other constitutional and legal provisions support the rights of PVTGs:

1. Article 46 of the Indian Constitution: Directs the State to promote with special care the educational and economic interests of the weaker sections of the people, particularly the Scheduled Castes and Scheduled Tribes.

2. Fifth Schedule of the Constitution: Provides for the administration and control of Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram.

3. Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA): Extends the provisions of Panchayati Raj to the Scheduled Areas, empowering gram sabhas in these areas.

Research Findings and Expert Opinions

Recent research has underscored the importance of recognizing and protecting PVTG habitat rights. A study published in the journal "World Development" (2020) by Rai et al. found that secure land rights for indigenous communities led to better forest conservation outcomes and improved livelihoods. The study noted that in areas where community forest rights were recognized under the FRA, there was a 2.5% reduction in deforestation rates compared to areas without recognized rights.

Another significant research by Sambhav et al. (2019) in "Environmental Science & Policy" highlighted the role of traditional ecological knowledge of PVTGs in sustainable forest management. The study found that PVTG communities in Odisha practiced over 150 different forest conservation techniques, many of which were more effective than modern scientific approaches in local contexts.

Dr. Madhav Gadgil, renowned ecologist and chairperson of the Western Ghats Ecology Expert Panel, emphasized the importance of PVTG habitat rights: "The traditional ecological knowledge of PVTGs is invaluable for biodiversity conservation. Protecting their habitat rights is not just a matter of social justice but also of ecological necessity."

Nobel laureate Amartya Sen, in his book "Development as Freedom," touched upon the issue indirectly: "Development requires the removal of major sources of unfreedom: poverty as well as tyranny, poor economic opportunities as well as systematic social deprivation, neglect of public facilities as well as intolerance or overactivity of repressive states." This perspective underscores the need to recognize and protect PVTG rights as an essential component of inclusive development.

Challenges and Way Forward

Despite the legal framework in place, the implementation of PVTG habitat rights faces several challenges:

1. Lack of awareness: Many PVTG communities are unaware of their rights under the FRA.

2. Bureaucratic hurdles: The process of claiming and verifying habitat rights is often complex and time-consuming.

3. Conflicting development goals: Large-scale development projects often clash with the traditional habitats of PVTGs.

4. Limited understanding of 'habitat': There's a need for a more comprehensive understanding of what constitutes a PVTG habitat beyond just physical boundaries.

To address these challenges and ensure effective implementation of PVTG habitat rights, several steps are crucial:

1. Awareness campaigns: Conducting extensive awareness programs in PVTG areas about their rights under FRA and other laws.

2. Capacity building: Training government officials and local communities in the proper implementation of the FRA.

3. Participatory mapping: Involving PVTGs in the process of mapping their traditional habitats and resource use areas.

4. Policy integration: Ensuring that PVTG habitat rights are integrated into broader development and conservation policies.

5. Research and documentation: Encouraging more research on PVTG traditional knowledge and its relevance to sustainable development.

In conclusion, the recognition and protection of habitat rights for Particularly Vulnerable Tribal Groups is not just a matter of legal compliance but a crucial step towards inclusive development and environmental sustainability. As Mahatma Gandhi once said,

"The true measure of any society can be found in how it treats its most vulnerable members."

By safeguarding the rights of PVTGs, we not only uphold this principle but also preserve invaluable cultural and ecological heritage for future generations.