Chapter-V

Biodiversity Conservation and Land Alienation of Tribals

From Kudremukh National Park

The late 1980s and early 1990s were a period in which global ecological crisis with

public awareness raised the issues of global wanning, and the rising rate of species

extinctions. This resulted in 1992 Earth Summit in Rio, organized by the United

Nations Conference on Environment and Development, represented the boundless

hope that humanity could come together to solve its mounting global ecological

problems. l The International convention on biological diversity has come into force

on 29 December 1993; a new strategy of forest conservation has become imperative.

Biodiversity, which is contraction of the tenn biological diversity, refers to species

abundance, richness and variety within the living world- plants, animals and

microorganisms as well as to the ecosystems and ecological processes to which they

belong. The convention urged all the nations of the World, the Governments, and the

conservation Community to get involved and work from the base to discover real and

practical methods and alternatives towards the effective conservation and sustainable

use of our biodiversity.

Sustainable development IS essentially a policy and strategy for continued

economic and social development without detriment to the environment and natural

resources on the quality of which continued activity and further development depend.

The conference emphasized on the five major points:

I) The Convention on Sustainable Development. The right of every country to

operate its own policy on the use of natural resources, the right to 'development',

the necessity of reducing consumption patterns that conflict with 'sustainable

development' .

I John, Bellamy Foster (2007): "The Ecology of Destruction", Analytical Monthly Review, February, VolA, No.ll,pp. 1-13.

123

2) The Convention of Climate Change, which dealt mainly with the greenhouse

effects.

3) The Convention on Biodiversity.

4) A Declaration on the forest.

5) Agenda 21 (that is for the 21 51 century) sets out objectives and priorities,

iden,tifies institutional questions, and assesses the cost of the measures proposed (a

total of 600 billion dollars a year, with 125 billion of it payable by the industrial

countries.2

These agreements aim to gain the commitment of official state bodies to

conserving tracts of land for wildlife and ecosystem conservation, reducing air

pollution, and supporting allegedly sustainable forms of development. Besides

international funding, such strategies receive favorable international media support

and fOlm part of an ideology of wise global resource management among many

western conservationists.

The claim that wilderness prevention is equivalent to biodiversity is also an

empirical claim that went unchallenged and the treaty has hailed as comprehensive

rather than a sectoral approach to conservation of biological resources. There are

different interpretations of sustainability like what is to be sustained? How long does

it have to be sustained? At what level does sustainability operate? Can Sustainability

be measured? Is it an ecological concept or social one.3

The problem with the vagueness and generality of this definition has

increased, but sustainable development remains very much an operational phrase

within the development literature. The significance of biodiversity conservation

viewed in three ways. Firstly, biodiversity provides enormous economic benefits in

the form of food, medicine and industrial raw materials and has the potential for

generating more. Secondly, it supplies an array of essential services to humanity such

as clean air, modification of climatic extremes, degradation of wastes, recycling of

nutrients, creating of soils, controlling of diseases, and regulation of hydrological

2 Ibid., pp. 189-196.

3 Dunu, Roy (2003): "Emerging Paradigms in Environmental Conservation and Management", Social Change, June-September, Yol.33, No.2&3, pp-2-3.

124

cycles. Finally, the ethical and aesthetic values, that is plants and animals that are

independent of monetary valuations are a source of irreplaceable wonder, spirituality

and inspiration to humanity.4 The economic argument of protection of biodiversity

stems from different concepts of value attached as market values, ecosystem values,

existence values, and intergenerational values.5

One of the strategies by which biological systems are conserved through

establishment of protected areas, through national parks has often revolved around the-

rights to access enjoyed by local population. In the present times, conservation of

biological diversity is the chief motivation for establishing national parks by the state

through International environmental agreements assumes that nation-states have the

capacity, internal legitimacy to manage resources.

State Management of National Parks

In post-Independent India, the first Prime Minister of India Jawaharlal Nehru initiated

measures to protect wildlife and during his tenure, the Indian Board of Wildlife set up

in 1952.6 The National Forest Policy of 1952 reinforced the exclusive rights of the

state to manage forests to meet 'national needs'. These areas meant to ensure the

supply of forest produce to industry, defence and communications and the realization

of maximum revenue as consistent with the needs. 7 The tenure of Mrs. Indira

Gandhi's in 1968 brought the attention of human-nature relationship to the global

importance of conservation issues at the First United Nations conference on the

Human Environment at Stockholm· in June 1972. She agreed to hold the first meetings

4 L.K. Arun, BJayashankar, Kurian Mathew Abraham (2001): "Biodiversity Conservation and Livelihood of Tribesfolk: A Case study of Periyar Tiger Reserve", Discussion paper No.37, Centre for Development Studies, pp.S-S.

5 Rajeev, Dhavan (2000): The Wealth of Nations revisited, Seminar, No.492, p-19.

6 The first meeting of the Indian board of Wild life was held in Mysore with Maharaja as the host of foresters such as P.D. Stracey and the princes of Bhavanagar (Gujarath) and Sandur (Kama taka) played an important role at the policy formation of the conference. See Saberwal, Vasant, Mahesh Rangarajan and Ashish Kothari (2001): People, Parks and Wildlife: Towards co-existence, Oriental Longman, p-9.

7 Pari, Baumann (1998): "The Persistence of Populism in Forest Policy", Journal of Peasant Studies, Vo1.25, No.4, July, pp.98-101.

125

of International Union for the Conservation of nature (lUCN)8 in India were the focus

was on hunting, which had resulted in the sharp declines in wildlife and forests. The

Conference resulted in the banning of tiger shooting in 1971 and created a task force

to draft the Wildlife Protection Act of India, passed by the parliament in 1972.9 This

act also prohibited hunting lO of wild animals and birds scheduled in the Act and the

areas led to declaring as National Park and Wildlife sanctuaries, which are dedicated

habitat for wildlife and no activities, in these areas.

The Indian Forest Act (1927)11 and Wildlife Protection Act (WPA) of 1972

have been important legislations in conservation of forests and the bio-diversity. The

government of India launched "Project Tiger" in 1973 which included a list of

endangered and threatened flora and fauna in India, for establishing and managing

protected area such as national parks and wild life Sanctuaries funded by International

Union for conservation of Nature (lUCN) and World Wild fund. During this period,

the number of parks went from 19 to 52 and central law favoring drastic measures for

wildlife conservation. The increased awareness of conservation concerns also led to

the change in the forest administration leading to Indian Forestry Services (lFS)12,

which has a complete responsibility for all reserved forests, national parks and

8 WWF is one of the world's largest and most influential international nature conservation organizations. It has over three million members who raise money to tackle issues such as pollution, the survival of all species and global warming- issues that cross international boundaries, cultures and beliefs. The IUCN, now known as the World Conservation Union, provides leadership and scientific expertise in the field of world conservation. It monitors natural resource and how they are used throughout the world. See Denton, Peter (1993): Organizations That Help the World: World Wide Fundfor Nature, Oriental Longman Limited, Mumbai, pp.6-9.

9 Valmik, Thapar (2003): Battling for Survival: India's Wilderness Over Two Centuries (Ed), Oxford University Press, p-244.

10 The conservation of forests, grasslands, and wetlands, in India which have become National Parks and Sanctuaries after independence were also the old hunting grounds of Indian princes, which were developed under the British colonial rule. Hunting was also an important past time and the integral life of the princely states and wild animals like tiger, lion, and leopard were not protected and their hunting was a valued sport. See Divyabhanusinh (1998): "A Princely Bequest", Seminar 466, June, p-42.

II The Indian forest Act of 1927 which set aside forests for different purposes and gave them an administrative designation indicating their purpose. Many forest areas that were declared "reserve forest" under IF A have received additional protecting and has been named as a sanctuary or national park under the wildlife protection Act of 1972 in recognition of their values as critical habitat for wildlife.

12 The members of the IFS are selected on the basis of competitive national examination, but they need not have a background in forestry.

126

sanctuaries and the protection of endangered species. I3 Along with this the ForesL

Conservation Act of 1980, Government of India legislation is binding on all state

governments .. This has shown on paper, but in the field, it has increased the process

of deforestation, which we see in the Kudremukh National Park.

Kudremukh National Park

Kudremukh is one of the largest blocks of tropical wet evergreen forests in the

Western Ghats. 14 The Western Ghats cover 38,019 sq. km in the state of Karnataka

and has 5 national parks and 15 wild life sanctuaries and a part of Nilgiri Biosphere

reserve. The National Parks and Wildlife Sanctuaries present in this area are treasure-

troves of flora and fauna.

NATIONAL PARKS IN KARNATAKA

Place Location Area notified Year

(sq Km.)

Anashi Uttara Kannada 250.00 1987

Bandipur Chamarajanagar 874.20 1974

Bannerghatta Bangalore 104.27 1974

Kudremukh Chikrnagal ur, Udupi 563.00 1987 and 2001

and Mangalore

Nagarhole (Rajiv Gandhi) • Mysore and Kodagu 643.39 1983

. Source: Kudremukh WIldlIfe Division

13 Michael, Lewis (2002): Inventing Global Ecology: Tracking the Biodiversity Ideal in India, 1945-97, Oriental Longman, p-240.

14 See Daniels, RJ.R. (2003): "Biodiversity of the Western Ghats: An overview" in Wildlife and Protected areas, Conservation of rainforest in India (Ed) by A. K. Gupta, Ajith Kumar and V.Ramakantha, 4(1), pp. 25-40.

127

K. Ullas Kamath allowed conducting research on tigers in Nagarhole National

Park since the late 1980s although he does not belong to the Indian forestry service. 15

In Kudremukh he under took a systematic survey of the distribution of endangered

lion-tailed macquae region during 1983-84 with support from Government of

Karnataka and based on his report declared it as National park in 1987. 16 The lion-

tailed macques used as a 'flagship' species to conserve the entire biotic q)Inmunity in

the region and conservation plan for the survival of other wildlife population in the

region. The major policies on reserved forests were declared during the period 1914-

16 with reference to KNP which included two Reserved Forests and three State

Forests, which were brought together to constitute the national park.17

Reserve Forests of Kudremukh National Park Sl. Name ofthe Name of the Notification No. Extent Remarks No. District Reserved Forest & Date (in acres) I Udupi Andar Reserved G.O.No.26 Rev., 19445.22

Forest dated 14-03-1891 U/S 16 of 2 Udupi & Naravi Reserved G.O.No.96 Rev., 58954.85 Madras

Dakshina Forest dated 28-02-1900 Forest Act. Kannada

3 Chikmagalur South Bhadra R.I777-80-FT-87- 20914.78 State Forest 13-14, dated 29-

08-1914 4 Chikmagalur Tunga Bhadra G.O. No. R.296-9- 49838.60

State Forest FR.96-15-6, dated U/S 17 of 07-07-1916 Mysore

5 Chikmagalur Narasimhaparvat R-8426-29-FR-94- 16745.00 Forest ha State Forest 15, dated 01-03- Regulation

1916 Total 165898.45

Source: NO. C3/CRl301KNP/99-2000 Office of the Deputy Conservator of Forests,

Kudremukh wild Life division, Karkala, dated 30/6/2000.

15 Michael, Lewis (2002): Inventing Global Ecology: Tracking the Biodiversity Ideal in India, 1945-97, Oriental Longman, p-244.

16 With regard to the declaring an area as a National Park, Section 35 of the Wildlife Protection Act, 1972 provides "whenever it appears to the State Government that an area, whether within a sanctuary or not, is by reason of its ecological, faunal, geo-morphological or zoological association or importance, needed to be constituted as a National Park for the purpose of protecting, propagating or developing wildlife therein or its environment, it may be notification, declare its intention to constitute such area as a National Park".

17 G.O.No.AHFF.42.fwG.87, dated 2nd September 1987

128

The Kudremukh National Park is spread over an area of 563 Sq. Kms. and

falls in three districts namely, Dakshina Kannada district (158 Sq. Kms.), Udupi

district (89 Sq. Kms.) and Chikmagalur district (316 Sq. KmS.).18 It falls

approximately at the middle of mid-Western Ghats (the stretch between Goa and

Nilgiris). The Western Ghats comprise a total area of 160,000 sq.km containing two

biosphere reserves, eight national Parks and 39 Wildlife sanctuaries in six state:

Gujarat, Maharashtra, Goa, Karnataka, Tamil Nadu and Kerala. This region is broadly

grouped as northern (covering Surat in Gujarat to Goa, Central (Goa to Niligiri

mountains in Tamil Nadu and Southern Western Ghats (south of Palghat). Two thirds

of the species found in the Western ghats are endemic nearly 1500 plants and 285

vertebrate species are endemic to this region. Endemic species like Nilgiri Tahr, Lion

tailed Macaque, Nilgiri langur etc are extensively studied for their habitat

preferences, feeding and reproductive behavior and adverse effect on their habitat. It

lies to the southwest of Karnataka state and is just 50 kms from the west coast

between the (latitudinal range 13°01 '00" to 13°29'17" N, longitudinal range 75°00'55'

to 75°25'00" E).

The bio-diversity In Kudremukh includes several endangered and globally

significant wildlife species like the tiger (Panthera Tigris), Malabar civet (Viverra

megaspila), Leopard (panthera pardus), Wild dog (Cuon alpinus), Sloth bear

(Melurus ursinus) and possibly several of which are endemic to the area. 19 The

Kudremukh National Park comes under the Global Tiger Conservation Priority-I,

under the format developed jointly by Wildlife Conservation Society (WCS) and

World Wide Fund-USA.2o The World Conservation Union (IUCN) sets international

benchmark standards for protected area management. In the IUCN classification,

18 In 1997, Dakishna Kannada district divided into Mangalore and Udupi districts and Mysore district was divided into Mysore and Chamarajanagar districts.

19 Ullas, Karanth (1985): "The Primate Conservation: The Newsletter and Journal of the IUCN/SSC", Primate Specialist Group, Number 6, July, pp. 73-84.

20 Dr. Ullas Karanth who heads the wildlife conservation society (WCS) India program, has studied wild tigers and their prey for over fifteen years in India has challenged the fashionable and politically correct conservation paradigms which argue that only through 'wise use' can wildlife and biodiversity be saved. He argues for research based, data driven wildlife science, for arriving at real conservation solutions. Dattatri, Shekar (2002): "Not much Left", Deccan Herald, 17th February, Bangalore.

129

there are eight categoreis of protected area, rangmg from strict Nautral Reserve

(Category I) to multiple uses Management Area (Category VIII). By its very nature, it

holds a number of endemic floral and faunal species. The highly endangered species

such as the Flying Lizard (Draco dussumieri), Flying Snake (Chrysopelea ornata),

King Cobra (Ophiophagus hannah), Shield Tail Snakes (Uropeltidae spp.),

Travancore Tortoise (Indotestudo jorsteni), Forest Cane Turtle (Geoemyda silvatic)

and several endemic frogs. 43 species of fishes are found in the rivers and streams of

Kudremukh national park. The aquatic insect species richness in this reserve is the

highest recorded in the Western Ghats.

There are about 350 species of birds, 50 species of reptiles, 100 species of

butterflies and moths, and 50 species of fish. The Western Ghats is rich in biodiversity

and is recognized as one of the 18 mega-biodiversity centers of the world and

comprises unique species in the two rich 'Hotspot' areas that is Eastern Himalayas

(part of Indo-Burma and the Western Ghats (part of tropical forest).21 India qualifies

as one of the top 12 mega diversity countries in the world, because of its tropical and

subtropical climate. In kudremukh forests are incredibly beautiful because of the

grasslands and shola forests, rolling hills, peaks, gushing rivers and streams.

The loss of 'biodiversity', which includes plant and animal life on earth, which

scientifically acknowledged holding the key for future generation and protecting

biodiversity, is their top priority for this century. The National Parks and wildlife

sanctuaries form only 3% of our country's land area and within these areas, we have

human habitations, roads, dams, mines, power plants and other activities.

Due to the Supreme Court order in 200 I for the final notification of the

national park, the Assistant Commissioners under the Wildlife Protection Act initiated

the 'settlement processes. The process involves conducting an inquiry into the rights

(habitations, agriculture, use of forest resources etc) exercised by people in or over

extinguishing these rights after giving compensation. Since the last 10-15 years, the

government has promised the tribals that their areas be regularized in their favour but

that promise was not fulfilled so far. The tribals have questioned the forest department

21 Anja, Nygren (2000): "Environmental narratives on Protection and production: Nature-based conflicts in Rio San Juan, Nicaragua", Development and Change, Yo1.31, p-809.

130

regarding the fonnation of National park as in 1997 the Mangalore DFO sent a notice,

which was supposed to be given to the people who had pattas (legal land holders).

Only few people got the notice apart from Kudremukh Iron Ore Company and the

survey numbers, notified as KNP22 (See Appendix III for details).

The local inhabitants constructed this as a process of land acquisition for the

national park intending complete evacuation of dwellers from the park area. The issue

also got interconnected with the agitation against KIOCL mining, and gradually

picked up momentum. The national park was reduced to 563.29 sq. kms, from the

original 600.32 sq. krns which does not include any of the revenue villages, patta

lands, revenue lands, gomal lands and such other areas, which do not fonn any part of

the above mentioned state forests and Reserve Forests. Notices issued to each resident

within the limits of the National Park calling for a list of their assets and claims. The

Govemment of Kamataka handed over the park according to the map as there was no

proper survey conducted to locate the habitation of tribals and hence their areas have

left out of the park.23 Forest and wildlife laws in India have ignored (and still ignore)

rights enjoyed by the inhabitants of the specified area under traditional law,24 nonns

and practices laid down by customary usage and has tenned them as forest

"encroachers".25

22 Interview with group of villagers in Adikesu, Sringeri Taluk, Chikmagalur on 1511112006.

23 D.C. Srikantappa (2001): "Letter written to Shri Atal Behari Vajpayee Ex Prime Minister of India", 25 April.

24 Earlier the lands were administered by village elders and there was no concept of 'exclusive title or possession', within the community, but it was based on mutual respect and recognition to an individual family. See Prabhu, Pradip (2002): "land Alienation, land reforms and Tribals in Maharahsta". in Land Reforms in India: Issues of Equity in Madhya Pradesh, Vol. VII, (ed) Praveen K. Jha. New Delhi, Sage publications, p-249.

25. See 'The forest Encroachment Issue", Note prepared by kalpavriksh, (NGO) Apartment 5, Shree Dutta Krupa, 908 Deccan Gymkhana, Pune.

131

Socio-Economic Profile of tribal

The Scheduled Tribes26 comprise 6.94% of the country's population Tribe" is a

constitutional category in India by virtue of Articles 330-342 of the Indian

Constitution, which also provide for positive discrimination in the form of reservation

of a certain number of seats in educational institutions and government jobs. The

tribal people in India are variously referred to as 'Indigenous people', 'Adivasis',

'Vanvasis', 'Girijans' and 'Schedule Tribes'. There are certain problems in using

some of these terms. For example, 'indigenous people, therefore refers to both non-

tribal and tribal groups. Historically, it is very difficult to confirm the native status of

a group to the state or country. The constitution of India does not use the phrase

indigenous people and refers to tribals as Schedule tribes (the government-classified

list of groups). Broadly defined, schedule tribes are groups delineated based on

relative isolation, economic backwardness and cultural autonomy in relation to the

non-tribal population?7

According to 1991 census, the tribal population of Karnataka is in the four

districts like Mysore, Coorg, Chikmagalur and Dakishna kannada and they constitute

1 % of the total population. (For further details, see appendix 11).28 The Schedule areas

are those specified by the President on the recommendation of the Governor of a state

or union territory. It presumed that the schedule areas would be those inhabited

mainly by members of the schedule tribes. The list of schedule areas been amended

from time to time but states like Tamil, Nadu, Kerala, and Karnataka are not included

as schedule areas.29

26 "Tribe" is a constitutional category in India by virtue of Articles 330-342 of the Indian Constitution, which also provide for positive discrimination in the form of reservation of a certain number of seats in educational institutions and government jobs.

27 V, Vijyalakshmi (2003): "Schedule Tribes and Gender: Perceptions from Karnataka", Working paper No.I28, Institute for Social and Economic Change, Bangalore, p-2.

28 Mukul (1997): 'Tribal Areas: Transition to Self-Governance", Economic and Political Weekly, VoI.XXXII, No.I8, May 3rd

, pp.928-29.

29 Sharad, Kulkarni (2000): 'The Plight of the Tribal", Seminar No.492, pp.37-41.

132

In KNP, there are three tribes such as and Gowdlu, Malekudiya and Marathi

Naiks traditionally living in the interior forest area. The Malekudiyas who speak lulu

language which is a dialect spoken by all communities in the region of Dakishna

Kannada. The Marathi Naiks and Gowdlu speak Kannada language in the

Chikmagalur district. Kudremukh national park consists of 90 hamlets belonging to

40 revenue villages, with 1299 families stay within the purview of national park.

VILLAGE WISE DETAILS OF PEOPLE RESIDING INSIDE KUDREMUKH NATIONAL PARK

ABSTRACT FOR THE NATIONAL PARK

SL.No Name of the Total No. No. of No. of No. of district of Villages house people Cattle's

holds

1 Chikmagalur 16 243 1150 847

2 Udupi 6 294 1611 1576

3 Dakishna 10 762 3407 4508 Kannada

1299 6168 6931

Source: Kudremukh Wildlife Division, Karkala, Dakishna Kannada.

133

CHIKMAGALUR DISTRICT

SI Name of the Village No. of No. of people No. of cattle's

No households

1 Samse 328 1579 2031

2 Malavanthige 3 6 -

-3 Kere 91 374 603

4 Muduba 53 286 275

5 Gulganjimane 33 172 229

6 Balekadi 43 233 431

7 Budabishoppa 5 14 39

8 Thalavanthikodige I 5 7

9 Tharolikodige 15 61 59

10 KitIamanekodige 9 - -

1 1 Hadi 33 74 194 12 Malnad 35 31 106

13 Shirlu 40 211 251

14 Balegere 49 259 133

15 Hadikerur 19 88 142

16 Matholi Estate 5 14 8

Total 762 3407 4508

Source: Kudremukh Wildlife Division, Karkala, Dakishna Kannada. (Kamataka)

134

UDUPI DISTRICT

SI N arne of the Village No. of No. of people No. of cattle's

No households

1 Andar 157 653 537

2 Kabbinale ~4 201 1 18

3 Mala 4 25 23

4 Idu 1 5 -

5 Nuralbettu 35 255 156

6 Kervase 2 1 1 13

Total 243 1150 847 . . . . . . Source: Kudremukh WIldlIfe DIvIsIOn, Karkala Dakshma Kannada. (Kamataka)

135

DAKSHINA KANNADA DISTRICT

SI Name of the Village No. of No. of people No. of cattle's

No households

1 Sulkerimogru 25 137 95

2 Navar 9 55 20 .

3 Shirlala 10 61 54

4 Kuthloor 45 260 105

5 Naravi 6 43 26

6 Navur 27 158 88

7 Nada 3 18 5

8 Laila 1 4 3

9 Savanalu 7 48 63

10 Malvanthige 161 827 1117

294 1611 1576 . . . . Source: Kudremukh WIldlIfe DIvIsIOn, Karkala, Daktshna Kannada. (Kamataka)

136

SC/ST POPULATION IN THE NATIONAL PARK

ABSTRACT FOR THE NATIONAL PARK

SC ST Others NA Total House 41 429 820 9 1299 Holds

Population 203 2226 3812 0 6241 Non- 41

residents

Sl No Name of the Population No. of No. of people District households

1 Chikmagalur SC 39 198

ST 228 1016 Others 490 2268

NA 6 0

2 UduQi SC 2 5

ST 84 466 Others 156 666

NA 1 0

3 Dakshina SC 0 5 Kannada

ST 117 744

Others 174 878

NA 1 0

. . . Source: Kudremukh WIldlIfe DIvIsion, Karkala, Dakishna Kannada. (Kamataka)

137

There is a general belief that tribals are responsible for the destruction of

natural resources and are responsible for vanishing forests. However, there is no

database for this belief. Thus, MoEF order fails to distinguish between 'unsettled

claims' and 'encroachments' in spite of this being acknowledged by the second

circular. The causes of encroachment in kudremukh reveals that commercial crops

such as coffee, cardamom, areacanut, tapioca, ground nut, and rubber cause the

deforestation or agricultural crops such as paddy, jowar and ragi are being raised. -

Sometimes this appears to be a convenient way of the affluent people to sidetrack the

mam Issues.

Discrepancies between Forest Department and Revenue Department

The National park is administered and protected under the Kamataka Forest

Act 1963, Kamataka Forest Rules 1969 and Wildlife Act 1972. The management of

the national park is as per the management plan under the direction of the Wildlife

Warden and Conservator of Forests.

138

Organization Chart of Kudremukh Wildlife Division, Karkala

Assistant Conservator of Forests. Wildlife Sub-Division,

KUNDAPUR.

Deputy Conservator of Forests. Kudremukh Wildlife Division,

KARKALA.

Range Forest Officer, Wildlife Range,

KOLLUR.

Range Forest Officer, Someshwara Wildlife Range,

HEBRI.

Range Forest Officer, Wildlife Range,

KARKALA.

Source: Wildlife Division Karkala.

Assistant Conservator of Forests. Wildlife Sub-Division,

KUDREMUKH.

Range Forest Officer, Wildlife Range,

KOLLUR.

Range Forest Officer, Wildlife Range, KEREKATTE.

Range Forest Officer, Wildlife Range, KUDREMUKH.

139

The Deputy conservator of forests, Kudremukh wild life division with

headquarters at Karkala, administers the national park. 30. There are four ranges

located at Belthangadi, Karkala, Kerekatte and Kudremukh. There are two sub-

divisions one at Kudremukh and one at Kundapur. All these offices newly created and

the executive staff drawn from the respective territorial divisions, which contribute to

the area of the national park. The state forest, which forms a part of the national park,

is quite big in size. Except Tunga Bhadra state forest, none of them been organized

into blocks and compartments on the ground. In total, there are 86 compartments- 20

each in Karkala and Belthangadi, 21 in Kudremukh wildlife Range and 35 in

kerekatte Wildlife Range. The forest department has legally forbidden to convert its

forests since it established with the sole purpose of conserving and managing forests

and to ensure steady supply of forest resources for other economic activities.

KNP in Kamataka covers about 61,000 hectares spread over three districts-

Dakishna kannada (Belthangadi), Udupi (Karkala) and Chikmaglur (Mudigere, Koppa

and Sringeri). The legal land holding at the time of notification of Reserve Forest

treated as enclosures. These enclosures are located within the over all area of National

Park, which are not notified for the purpose of the National Park. This allows the legal

landowners staying within the enclosures and need not be displaced or relocated. 31

30 This division was brought into being in G.O. No. AHFF.83. FNG-92 dated 2-5-1992

31 International Women and Mining Conference organized at Visakhapatnam, by Mines, Minerals and People, 2004, October p-29.

140

Protected Areas in Kudremukh Wildlife Division

f\udremukh National Parh

D ~·c·mH.hwara Vv1..S

D Mookamt>;ka WU:.

k:·J Er,de.surf -,. . .,.,,. o ~, 1(1 I I I I I 1

?C< '·.fT, I

""I

Source: Kudremukh Wildlife Division, Karkala, Dakshina Kannada. (Karnataka)

141

Details of Enclosures and Villages inside the Protected Area

Sl. National Name of the Range Number Number of No Park/Sanctuary of Enclosures

Villages 1 Kudremukh National Karkala village 10 27

Park

2 Kudremukh National Belthangady Village 10 51 Park

3 Kudremukh National Kudremukh Wildlife 03 11 Park Range

4 Kudremukh National Kerekatte Wildlife Range 19 19 Park

Total 42 108

Source: Kudremukh Wildlife Division, Karkala, Dakishna Kannada

The mechanics of forestland encroachment are manifold. The biggest of the

encroachments are those made by big and influential planters. The encroacher usually

approaches the village accountant or revenue inspector, and after greasing some plams

and forging a few documents, begins paying takrar takth (TT) - a minimal fine

collected for encroaching on a small piece of land. This is the first step towards the

regularization of an encroachment. The encroacher claims that his possession and

cultivation of the land in question is over 10 years old and that he paid TT for several

years. Eviction is impossible here and the TT that the encroacher pays constitutes only

a fraction of the land tax that he is otherwise bound to pay for ownership. The

experience of th.e kigga village near sringeri throws light that by naming protected

areas does not enhance prospects of biodiversity conservation. A forest area called

Narasimhaparvata, traditionally used very lightly by kigga and neighboring villages, •

incorporated in the KNP. The villager's immediate reaction to this move was to

stockpile large quantities of timber before their access was abridged.32

32 Madhav, Gadgil (1998): "Conserving India's Biodiversity: Let People Speak", Centre for Ecological Studies, Indian Institute of Science, Bangalore.

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The extent of encroachment in 'revenue/protected forests', that is, forests on

government land that are not in the control of the forest department is yet to. be

accurately assessed. Encroachments have occurred since independence but have

increased in the last two decades due to coffee cultivation and rise in the land prices.

Following with the pressure of the encroachers in 1991, Karnataka Government

petitioned to the Government of India to regularize about 17,007.23 hectares (in

21,569 cases) of forestland encroached upon prior to April 1978. The Centre had the

areas surveyed and in order dated May 15th 1996, agreed to the regularization of

14,848.83 ha (involving 19,348 cases), by the following categories of persons shall

only by regularized but subject to certain conditions. It was only to be done to an

extent of 3 acres or 1.2 ha in individual cases (including forest encroachment), and in

the case of persons belonging to the Schedule castes and Scheduled tribes (SC/ST),

Landless marginal agricultural labourers and those holding an insufficient extent of

land- up to 3 acres of agricultural land. The person concerned should be a domiciled

for at least 10 years in a village adjacent to which the forestland encroached by him

lies. In the case of landless marginal agricultural labourers the encroacher or his

family should not hold or own any agricultural land anywhere in Karnataka and the

total annual family income should not exceed Rs. 8,000. The order of the Government

of India had decreed that encroachments should not be regularized in the midst of

forests, on steep slopes or in the middle of national parks or sanctuaries. Eligible

encroachers from these areas be relocated on the fringes of forests, on areas recovered

from encroachers. The blame lies on the slow pace of the State Government

machinery and forest officials, because numbers of encrochers are, after all,

influential persons and some of them are themselves politicians.33

In Karnataka reserve forests have been relatively more difficult to encroach

upon given the provisions of the Forest Conservation Act 1980, but the same cannot

be said about forest lands that come under the 'protection' of the Revenue department.

The forests reserves like revenue forests, district forests, protected forests, have been

clearly defined access to and exclusive control of the resource by local users, which

endowed with flora and fauna and widely distributed network of pastureland, which

33 Ravi, Sharma (2003): "Eating up Forest land", Frontline, Vo1.20, No.6, pp.51-2.

143

have been extensively encroached and remained only in name. 34 For example, Betta

lands or Soppina betta are an individual owning an acre of areca plantation was given

privilege over to mulching material in their arecanut gardens. Kans are protected

forests which is given for the privilege for coffee, pepper, Gum and Honey and also

Green Manure as per the section 134(3) and 138(3) of the Kamataka forest Manual.

Paisari lands are revenue wastelands under the control of the revenue department,

allotted to the landless for housing and crop cultivation under 'Darkhast' (literally

meaning 'request') grant ofland to the landless on request.

Kharab land is a wasteland; non-arable land that IS In processIOn of the

Government. Bhane lans is part of the protected forest land granted for service of

holding of wet land which is allotted to be held free of revenue by cultivator for

grazing and to supply leaf manure and fire wild and small timber required for

agricultural and domestic purposes of the cultivator. Kumki/ Hadi (Hadya) lands are

also government forestlands under the private control and use of the local farmers.

Comals/ Cauchars are revenue/village lands used and managed by the local

communities by the village as common grazing grounds belong to all. Amrut Mahal

kavals are government lands used and control by the Animal Husbandry Department

(AHD). Devara Kadu/ Sacred Forests are forests set apart for some object of worship

are still managed and used by the local committees, through temple committees. The

revenue department in order to spread cultivation has been a facilitator because as

revenue is linked to taxation and the extent ofland under cultivation. 35

The successive governments in Karnataka have ordered the transfer of

forestlands, which are under the control of the Revenue Department. This is meant to

protect forests and increase forest cover, in keeping with the Supreme Court order and

to compensate for the huge tracts of forest that have been submerged for the sake of

34 Syed Ajmal Pasha (1994): "Uncultivated lands: Institutional Aspects of their Use and Management in Kamataka", Institute for Social and Economic Change (lSEC), Nagarbhavi, Bangalore. Nagaraja, S (2002): Kamataka Forest Department Report, Reconstituted Expert Committee-I, Aryana Bhavan, Bangalore.

35 Vasanth, K. Saberwal (1997): "Bureaucratic agendas and conservation policy in Himachal Pradesh, 1865-1994", The Indian Economic and Social History Review, 34, 4, Sage publication. Saberwal, Vasanth, K (1998): "Politicians, Bureaucrats and Conservation", Paper prepared for the National Seminar on Wildlife Research, Conservation and Management, Wildlife Institute of India, Dehra Dun, August 10-13.

144

hyde! projects. However, despite many orders, very little of the land has been actually

been mutated in the records of the forest Department.

The forest department argues that there is no question of regularization

according to the law of the Supreme Court. Despite Forest Conservation Act (1980)/6

encroachments in Kerala regularized with permission of the centre for political gains

of the ruling political party at the centre. The weakening of the center in its political

control, the states have been staking claims to regularize encroachment on forest

land.37 In another example the Government of Assam and Maharashtra obeying the

Supreme Court began eviction drive were the Assam's forest department used

elephants to raze down huts and homesteads on land recorded as forest. In certain

areas however they could be treated as encroachers on forestland owing to "faulty

settlement" by state govemments.38 Andhra Pradesh has attained the dubious

distinction of topping the list of states with the highest encroachment of forestland,

followed by Assam, Chattisgarh, Karnataka, and Maharashtra. 39

Several orders passed by the Supreme Court in interlocutory or interim

application in the T.N. Godavarman Thirumalapad vs Union of India, the Centre for

Environmental Law, WWF vs Union of India and Naveen Raheja vs Union of India

have added confusion regarding encroachments, disputed claims and related issues.

The word "forest" covers all statutory recognized forests, whether designated as

reserved, protected or otherwise for the purpose of section 2 (i) of the Forest

Conservation Act. The term "forest land", occurring in section 2, will not only include

'forest' as understood in the dictionary sense, but also include any area recorded as

forest in the Government record irrespective of ownership. This has created confusion

36 In 1976, through the 42nd amendment of the constitution the subject of forests transferred from the state list to the concurrent list. Following this the conservation Act was passed in 1980 to prevent diversion of forest land to non-forestry purpose. All these measures were taken on the presumption that biotic as well as political interference would not continue and these steps would minimize the damages.

37 Akhileshwar, Pathak (1994): "State, Environment and Law", Economic and Political Weekly, December 10th

, pp. 3138-41.

38 "States to blame for eviction of tribals from forests", The Times of India, December 6th , 2002.

39 "A.P tops list in forest encroachment", The Hindu, December loth, 2002.

145

over the demarcation of forests and in cases of regularization of encroachments and

settlement of disputed claims.4o

The Government is planning for relocation of willing tribals to create human

free wilderness area and on other side issuingpatta to encroachers who are influential

persons including politicians. The tribals argue about the large contradiction of land,

which is not by the people who owe an acre or two but by the big coffee estates with

thousand of acres were the government is very silent about them although the

International Conventions have a strong influence on them. 41

The tribals are politically weak without popular support and the geographical

location is such that they dispersed and are unable to press their claims and the

powerful alliances of the Central and State governments, NGOs and awareness for the

cause of protected areas, forced upon the rural groupS.42 The issue of 'encroachment'

as alleged by the state and recognition of rights of the forest dwellers was best

summed up in a 1990 report by the Commissioner for Scheduled Castes and

Scheduled Tribes, Dr. B.D. Sharma. It said,

"If the claims of the tribal people are to be determined on the basis of the

record of the forest department or at best, record of other government departments, his

claim is as good as lost. It is the fact of possession, of law, its cultivation and actual

reclamation, in some cases by ancestors, which is the common knowledge of the

village, which is the basis of his claim. The reasons for this dissonance are many. For

example, the official may not have visited the area or may have preferred not to take

note of the cultivation, or may not have bothered to bring it on record and such like.

They are of no concern of the tribal people. They cannot expect to know what is there

40 Sharad, Kulkarni (2005): "UP A- Promises to Keep: Background paper prepared for the workshop on "Tribals, Forests and related issues: People oriented Natural Resource Politics and Legislations", on October 19-20 at Gandhi Peace Foundation, New Delhi, organized by National Committee for Protection of Natural Resources (NCPNR).

41 Interview with V.S.Sreedhara, KVR activist on 7112/2006, Bangalore.

42 Dan, Brockington (2000): "Community conservation, inequality and injustice", Conservation and Society, 2, New Delhi, pp. 411-32.

146

in government records. In these circumstances if the record were to be insisted the

disputes about can be expected to resolve.,,43

The grassroots actor like Karnataka Vimochana Ranga organization protested

against the KIOCL and the when the issue of tribals came up the organization under

the banner of Kudremukh Rashtriya Virodhi Okkuta participated in the struggle

against the relocation of tribals. The KRUVO mobilization against the formation of

KNP is to sell invaluable biodiversity products to Multinational companies,

commercial tourism resort and the tribal villages evicted without any compensation

from the Government. 44

With the campaign against relocation developed a strong presence in the

following villages like Menasinahadya, Yedagunda in Koppa Taluk, Gurgi Sringeri

Taluk, Tarolikodige and Kitlemanekodige near Kigga in the Chikmagalur district. It

tried to penetrate into Belthandady and Karkala Taluks of Dakishna Kannada, but the

Malekudiya tribes mobilized under the banner of Nagarika Seva Trust a NGO that

during the last decade had opposed for the continuation of mining by KIOCL. 45

Protected Areas are no doubt, critical for ensuring the continued existence and

well being of our wildlife and biodiversity, but trying to achieve this larger objective

at the cost of tribals, who are generally the poorest is neither fair or sustainable

because villages situated in the neighbourhood is bound to continue unless serious

efforts are made to soften the interface.

The delay in issuing the pattas (authorization to cultivate land) to the tribal

people living in the Kudremukh National park, the Datta Peeta Controversy and the

eviction of encroachers from the Thatko!a Reserve forest area in Mudigere taluk

dominated the Lok Sabha election in 2004. A joint rally organized to protest against

the restrictions and relocation of tribals, attended by Medha Patkar who addressed a

rally in Sringeri. It was attendant along with various groups like Karnataka Rajya

43 B.D. Sharma (1991): "Resolution of Conflicts concerning forest lands-adoption of a frame by Government of India', Schedule Castes and Schedule Tribes, New Delhi.

44 Interview with G.V. Kempegowda, District President of the Sri Durga Parameshwari Yuvaka Sangaha, Menasinahadya, on 15111/2006.

45 The Nagarika Seva Trust a NGO in Dakishna Kannada district have mobilized Malekudiyas when the area was declared as a national park.

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Raitha Sangha (Puttannaih and Nanjundaswamy groups), the Dahl Sangharsha

Samiti, the Sringeri Sharada Peeta, the Adivasi Girijana Hitarakshana Vedike, The

PUeL, and the Tung Bhadra Ulisi Horata Samiti participated in the rally organized

by the Kudremukh Rashritya Virodhi Okkuta.46

ConClusion

The encroachment on revenue land by coffee planters all across the Western Ghats

need political resolution and not merely court orders. The national parks and

sanctuaries must accommodate the requirements of the local communities but the real

issue is to fight for the equitable distribution of land to the local people for meeting

the basic subsistence in the area adjacent or outside the park. The consistency of the

state government in protecting the interests of the propertied sections versus the life of

the poor, the state often chooses the former for its own preservation.

Encroahcment on forest lands are under the jurisdiction of the forest

department are in actual possession of the people. Such occupancy, called

encroachments, has regularized from time to time. However, attempts to evict tribal

households from forests and the removal of encroachments have led to violent clashes

between the forest officials and the state. The alienation of communities is an

important factor and the focus on tiger conservation in national parks and sanctuaries

have been on paper but in reality there are lot of pressures, which the state and forest

department are not able to manage, and the communities around or inside the park are

constantly fighting a battle with the state enforcement.

The designation of protected areas for biodiversity conservation has had

negative implications for communities that derive their subsistence from such areas.

The fear of eviction has led to suicide by a farmer in Saragodu forest area and has

forced the forest department to stop the evictions. The tribal families residing in

Kudremukh National park are unwilling to move out, as forest and rivers has been

their lifeline and source of existence even if given compensation. The paradigm of

sustainable development has been coincided with an increased emphasis on Non

46 The Hindu Monday 13, 2002.

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Governmental organizations are increasingly emphasizing environmental activities.

The donor pressure and incentives seem to have played a large part for NGOs for

direct and explicit in their consideration of environmental issues and many donor

funds for sustainable development.

The reduced role of the state and the growing prominence of strong, vibrant

civil society, which are examined in relation with NGOs. Civil society and NGOs

have criticized the state as being rigidly bureaucratic and corrupt, and thus unsuited

for performing either welfare or resource management functions, whereas civil

society actors are more accountable, responsive and committed to bring about social

change. The civil society groups are not alone in exercising power but interlinked

with the state because it requires the state in order to maintain order in society and in

order to protect and promote its own existence.47

47 B.S. Baviskar (200 I): "NGOs and Civil Society in India", Journal of the Indian Sociological Society, VoI.50, No.1, pp-3-15.

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