Since its inception, CSJ has been conducting legal interventions regarding forest land rights of tribals, atrocities on tribals, labour cases and ensuring the implementation of the 73rd amendment to the Indian Constitution.
In order to raise awareness within the community, CSJ is engaged in campaigning for tribal self-rule in Panchayati Raj and training of tribal farmers on revenue related issue.
CSJ deals with issues of women’s rights, land rights, labour rights and forest rights within a framework which looks to analyze the relationship between the adivasis and the State. The organization constantly attempts to perceive the consociation which exists between adivasi rights and progressive laws such as FRA, PESA and government schemes for the education and skill building of adivasis. Extensive efforts are being carried out in generating awareness, filing claims and coordinating with the communities so that they can claim their forest rights.
CSJ also works in coordination with voluntary agencies on issues related to land and forest rights of tribals and provides logistics and media support to Adivasi Mahasabha — a movement for tribal rights.
The organisation’s intervention also seeks to establish a women’s forum by the name Adivasi Mahila Manch which brings together adivasi women of different faiths in Dang to address issues specific to women’s rights. In this regard a separate women’s entitlement centre by the name Swabhumi Kendra has been focusing on ensuring mutation of women’s names in their property and that titles of their property are transferred in their names as per prevailing customary practices and laws in adivasi communities.
Additionally, the intervention also focuses on empowering woman associations such as mahila samakhyas, nari adalats, etc. on various socio-legal issues and the use of law in addressing the same from the perspective of local societal practices, and the role women play in the same.
As a result of CSJ’s efforts and awareness campaigns, drastic changes have come about among tribal communities where it works. Now, more and more tribals, especially women, are beginning to approach courts in cases where they feel their rights have been violated. Following CSJ campaign on the Right to Information Act (RTI), tribals have begun using the RTI as a tool for seeking information from the government machinery.
Targeted Intervention
PESA is an important law which gives village communities control over management of their natural resources, and more control in issues of development and local self-governance. CSJ’s intervention seeks to operationalize PESA at the level of the Gram Sabha, by creating awareness of the same, mobilizing people from the ground to be more active in the Gram Sabhas, and working with the state to implement the law.
Additionally, CSJ’s intervention also seeks to provide alternative dispute resolution through conciliation and mediation for disputes which cannot be solved at the village level by the panchayats.
CSJ’s South Gujarat Intervention:
The Law, Society and Culture intervention of CSJ is based in South Gujarat. The overall objective of the intervention is to ensure access to justice for Adivasi communities in the context of socio-legal issues which are central to the relationships between law, society and culture in Adivasi communities. The intervention spans across six districts in South Gujarat – Dang, Valsad, Navsari, Surat, Narmada and Tapi.
A large part of CSJ’s intervention is preventive in order to unite the community based on its Adivasi identity to prevent conflict and preserve their cultural heritage. This involves reviving culture using local symbols, community radio, theatre, art, human rights education and other cultural strategies to provoke dialogue on issues which are specific to their context and form an intrinsic part of their Adivasi identity. Further, the organization is also focusing on using the law as a strategy to revive the local identity by developing the region on issues relevant to their context.
Kanooni Sahay Kendra:
CSJ’s Kanooni Sahay Kendra is situated in the Dangs, a small one-taluka district in Gujarat. The key issues of the district are exploitation of tribals, harassment of tribals by the forest and police officials, bigamy, domestic violence, unlawful deprivation of land of tribals by forest officials, non-payment of minimum wages etc.
The key activities undertaken by the Kanooni Sahay Kendra are legal aid, legal advice, strengthening of alternate dispute resolution mechanisms, investigation of human rights violations, legal awareness and social-legal research.
CSJ’s bid to implement 73rd amendment in Dangs:
One of the key issues that came to light was non-implementation of the 73rd amendment which is an effort at strengthening the grassroots governance, especially in the tribal’s areas. The amendment vests wide powers with Gram Sabha in the tribal areas. The Kanooni Sahay Kendra undertook an action research project on the extent of implementation of the 73rd amendment in Dang.
Implementing Forest Regulatory Act
CSJ’s work on the FRA has a long history. In the recent past, it has actively intervened on the subject in the Scheduled Areas of Gujarat like Dang, and Meghraj block in Aravalli district. Across Gujarat, not only are rejection rates astronomically high, but there is gross delay in the completion of procedures under the Act. As a result of this, several claims to rights have remained pending for many years. CSJ’s work has mainly revolved around ensuring passage of pending claims and taking forward review procedures for claims that have been wrongly rejected. As part of this action agenda, CSJ has been involved directly in the filing of appeals/review petitions for rejected claims and for making representations before the Collector to ensure timely passage of claims. At the same time, the Centre has filed two Writ petitions before the Gujarat High Court – one pertaining to the undue pendency in the passage of claims, and the other related to the wrongful rejection of claims by the Divisional Forest Officer (DFO) in Dang. Currently, the Centre is also engaged in filing a PIL before the Gujarat High Court in light of the illegal activities of the forest department under CAFA carried out on land claimed under the FRA.
CSJ and CAMPA
CSJ has been actively involved in advocacy efforts around the recently legislated Compensatory Afforestation Fund Act, 2016 (CAFA) and its Rules. The Act, however, makes no mention of protecting rights established or recognised under local self-governance legislation like PESA, or the FRA, nor is there any indication of community participation. CAFA is thus a legislation that imperils the significant gains made by progressive legislation such as FRA and PESA – resulting in the disentitlement of millions of people. CSJ, as a member of the Working Group on Women’s Land Ownership (WGWLO) in Gujarat, has formulated a critique of the CAFA Rules and has gone ahead to propose an alternative. By making significant changes in the definitions as well as implementational aspects of the CAFA Rules, CSJ as part of the WGWLO has drafted Rules for the CAFA that do not abrogate from the provisions of the FRA or PESA. Simultaneously, CSJ is engaged in the process of filing a PIL before the Gujarat High Court for violations of the FRA committed in order to ‘implement’ the CAFA in the district of Dang.
CSJ intervention in Madhya Pradesh and Chhattisgarh
Three tribal suspects were granted bail by the High Court of Madhya Pradesh after an appeal was made by an advocate against their arrest under section 323 and 325 of the IPC. The suspects were not aware that they have been granted bail and the police was in no hurry to start their release procedure. They were kept in jail for many days even after receiving bail. On hearing about the incident in Panna, CSJ’s fellow lawyer intervened and facilitated the release of the tribals from jail.
CSJ’s fellow lawyer at Damoh filed a petition to the collector, chief minister and governor of Madhya Pradesh for recognition of Pardhi community as a scheduled tribe and delisting it from the de-notified tribe list. CSJ is working on the petition to take it ahead within and outside legal options. The organization is also working closely with Muskaan, an organization in Bhopal, which is actively working with volunteers of the Pardhi community.
Applications and Court cases:
- There are 41 FIR claims filed in Nirgundmal. These claims had been pending with the District Level Committee (DLC) since 2016. Subsequently a writ petition was filed by one Ramesh Gavit in December, 2017 praying that his claim be decided. The High Court ordered the DLC in February, 2018 to decide Gavit’s claim in four months. In pursuance of the High Court’s order, the DLC decided to hear claims of all 41 claimants from Nirgundmal. 28 of these 41 claims have been rejected while the remaining, including Gavits’, have been reserved for order.
- Six claimants from Gaykhas village had filed an appeal with the DLC in 2016, against an order of the Sub Divisional Committee rejecting their claims. The DLC rejected their appeal on October 24, 2017. A copy of the order was served upon the claimants in February, 2018. Currently a writ petition has been filed at the Gujarat High Court challenging the order of the Collector and for quashing of the notice served by the DFO which is pending.
- Twenty-six Individual Forest Rights (IFR) claims have been filed in Neempada village of Ahwa Taluka in Dang district. All twenty six claims have been pending with the DLC since 2016. During the pendency of these claims, the Forest Department has illegally dug up forest lands of 10 of these claimants to carry out plantations. The Kanooni Sahay Kendra submitted an application on behalf of the claimants to the Collector on March 30, 2018 intimating him of the situation and requesting for appropriate action to be taken. The claimants are currently awaiting a response. Despite the submission of such an application, preparation for digging lands of more claimants continues.
- A scenario similar to the one in Neempada has been playing out in its neighboring village of Gadad. Twenty-five IFR claims have been filed in the village. An appeal was filed with the DLC on September 14, 2016 following rejection of the claim by the SDLC. The appeal continues to remain pending, however, the Forest Department carried out the digging up of lands of 4 of these claimants in the last week of April for the purpose of carrying out plantations. An application was submitted to the Collector on March 7, 2018 informing and requesting appropriate action to be taken.
CSJ’s Capacity Building:
Preservation of Culture: Promoting and re-enforcing Adivasi culture, traditional, customs, practices and values which make up the ethos of Adivasi society in South Gujarat thereby creating an environment which can diffuse any possibilities of conflict by ensuring unity in a common Adivasi Identity.
Ensuring access to justice: Enabling access to justice through a service delivery component by addressing cases and claims through the implementation of (i) laws and policies concerning Adivasi communities, and the rights which they are aware of (ii) laws and policies which have not been implemented or awareness does not exist in the communities.