By Patricia Mukhim
Jal, Jangal, Zamin (water,forests, land) is the war cry of indigenous tribals across the country. But before they could articulate that slogan they had already lost much land to multinational mining companies like Vedanta and Posco. The Niyamgiri tribals in Andhra Pradesh live miserable existence while their lands are being mined for bauxite without appropriate relief and rehabilitation packages for the displaced “adivasis” (jungle dwellers). The Forest Rights Act was crafted without taking into account the ground realities obtaining in our country which is that people and forests have always co-existed. That symbiotic equation between humans and forest changed only after it was discovered that timber meant wealth. The hunger for timber fuelled the unsustainable exploitation of forests. Was it the forest dwellers that brought down all the forests? The answer is a resounding “No.” The tribes have lived off forests by way of getting their nourishment from plants, herbs, roots and mushrooms. If they needed timber it was only for limited needs. They are intelligent enough to understand, even today, their co-dependence on this balanced eco-system. But the Forest Rights Act delegitimized the rights of indigenous people to their traditional habitat. It was a top-down imposition. In Meghalaya, roughly about 4-5 % of the total forest cover is state-owned. The rest is not. But the FR Act applies to all forests within the State. Hence clearance from the State Forest Department or the Ministry of Environment and Forests is necessary for mining purposes if carried out within a ‘forested’ area.
Post December 2012, however, as per the new definition of forests hurriedly passed by the Meghalaya State Assembly, there can be no more forests in Meghalaya. The old Act of the District Council got it right when it specified that 25 trees in one acre of land is what constitutes a forest. The new law specifies that that an area should have more than 250 naturally growing trees with a girth size of 15 cm or more per hectare to be regarded as forest. In case of a bamboo dominant patch, more than 100 naturally growing clumps should be present per hectare. In case of mixed vegetation, the number changes to 150 trees and over 40 bamboo clumps. This Act is mainly to legalise the illegal clearances given by the State Forest Department and the MoEF based on recommendations of State forest officials. The very fact that the Environmental Impact Assessment (EIA) of proposed mining land is not conducted by an independent body but by the companies that wish to do mining, is in itself flawed. But how did we allow this to happen? Were there no records of public protests at public hearings which are a pre-requisite towards any environmental clearance? Does it mean that the entire community living around a mining area agree that one or two people who own land with limestone or coal are at liberty to give that away to mining companies? What are the relief and rehabilitation packages? Are they commensurate to the loss of bio-diversity, of clean air and clean drinking water?
Mr Ranjan Chatterjee, former chief secretary of Meghalaya and now expert member of the National Green Tribunal while speaking to this writer said that the days of individuals doing whatever they want in their “privately owned” land are counted. Taking cover under the Sixth Schedule of the Constitution to carry out environmentally hazardous activities such as sand banking or reckless quarrying, mining, leasing out of rivers etc., will not be tolerated. According to Mr Chatterjee the Constitution of India is what guides the conduct of every citizen. The Sixth Schedule in Meghalaya or Article 371 (A) in Nagaland cannot supersede the Constitution. These amendments and appendages to the Constitution were made with the assumption that the Indian state would be the predator and that these instruments would protect the gullible tribals. Now it’s the elite and landed gentry among tribals that are the real predators conniving with companies in land alienation. The elite tribal are doing harm to their less privileged brethren including poisoning of the Lunar and Lukha rivers in Jaintia Hills, from which they used to get their quota of fish. I am appalled that the State Government does not see this as a serious enough matter to commission a thorough scientific investigation by an independent body like the Centre for Science and Environment which has a track record for credibility. I am also appalled at the fact that one of the leading universities of the region “with potential for excellence,” namely the North Eastern Hill University (NEHU) has not been able to throw light on this yearly phenomenon. Are they waiting for money to be given by some institution before they take up this research? What are they here for? Only for scholars and scientists to make money from consultancy services? It is indeed outrageous!
Meghalaya is perhaps one state where no green zoning has as yet been done. Hence the Urban Affairs Department has no qualms about constructing a public toilet right by the heritage site called Taraghar across the Wards Lake. Thank God that obnoxious monstrosity has been demolished at the behest of the Chief Minister. Can we trust this Department to do anything good for the State when the people working there don’t seem to know about green planning? They have no sense of aesthetics and know only file work. In Assam the green zoning is strictly followed. No construction is allowed to come up on those zones. What are we in Meghalaya thinking? Does our Environment Minister care?
Let me come to another sore point. The Khasi-Jaintia people are not supposed to be landless. Meghalaya has 22,249 sq km of area, of which more than half falls in the land of the Khasi-Jaintia community. Even if we deduct reserved forests, rivers, lakes, water bodies, inhospitable ridges and degraded land there is still substantial acreage for every indigenous person of Meghalaya to be given a plot for a home and a kitchen garden (not necessarily in Shillong city). So why is land today owned only by a handful of people? How did the process of land privatisation start? Who started it? Was it the British? What happened to the Khasi customary practice of community land ownership? That was how we ensured that every person who was starting a family was allocated a plot for a homestead (this included a home and kitchen garden for subsistence). Families were also allocated jhum plots by the village council. So was the Khasi-Jaintia custom so weak that it crumbled at the first sign of commercial transaction of land initiated by the British, thereby turning land into a commodity? Undoubtedly, land is a pre-requisite for creating the necessary infrastructure in a developing country. Even in developed economies land remains a constant requirement. But there are ways in which the community (including the poorest) and clans can decide as to which land can be given away for construction, industrial and educational purposes and which are to be held for the use of the community.
Unfortunately the term ‘community’ has itself undergone an upheaval. The poor as a community are voiceless whether in the Dorbar or with Government. It is the powerful (educated, middle class elite) within the community whose voice is heard. Now, whichever way we look, the poor are losing their resources. They have no land for farming or for a home, their water sources have gone into private hands, the rivers they use for washing, fishing and other human activities have turned toxic. The forests that supplied them with food have diminished. So what do the large majority of the poor In Meghalaya own? They own nothing. Sometime last year I had proposed that Meghalaya pass a legislation on land ceiling so that no one possesses too much land at the cost of others who the system has impoverished economically. An MLA, now in the opposition said he agreed with me and we should start doing something. It ended with that. I am afraid this will not be a popular legislation but it is imperative. Mizoram has implemented the New land Use Policy where several landless were given farm land. If this policy is not followed in Meghalaya then we are inviting revolution and anarchy.