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Villagers in Odisha's Koraput associated with the Baipariguda Gram Sabha MahaSangha, who started the initiative of seeking kendu leaf under the Community Forest Rights (CFR), are now struggling for approvals from the forest department.
Over 100 villages from Koraput district of South Odisha had come together to sell the forest produce for their livelihood. To make the most of their efforts, the villagers wanted to sell the leaves directly in the market, instead of selling to the traders appointed by the forest department, with the hope of earning a marginally higher profit.
The group was offering Rs 4 per bundle of leaves to the pluckers in the district, compared to the forest department’s rate of Rs 3.20 per bundle.
The move garnered support from 4,000 indigenous people who are now waiting to sell kendu leaf worth Rs 34 lakh.
The tribals live in areas where the forest department did not have a collection point. The Gram Sabha took charge of the kendu leaf collection. But the members, who rely on non-timber forest products for their livelihood, especially vulnerable population groups such as single women and widows, have not been earning any income.
The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 defines ‘minor forest produce’ as any non-timber forest product of plant origin. This includes various items such as bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, kendu leaves, medicinal plants, herbs, roots, tubers and similar items. In simple terms, it encompasses all other forest products, excluding timber.
Bidyut Mohanty, secretary of SPREAD, a non-profit organisation working for the rights of tribals in the region, said provisions under the Forest Rights Act grants individuals or communities the right of ownership and access to collect, utilise and dispose of minor forest produce.
“This right extends to traditional collection practices both within and outside the boundaries of the village. The 2012 amendment to the Act provides a definition for the disposal of minor forest produce, which includes the right to sell the products or engage in individual or collective processing, storage, value addition and transportation,” he said.
This transportation can be done within or outside the forest area through suitable means of transport, enabling gatherers, their cooperatives, associations or federations to use or sell the produce for their livelihoods.
CFR also allows a person approved by the Gram Sabha to issue transit permits for the transportation of minor forest produce, the expert said. “Under the modified transit permit regime, it is important to note that the procedural requirements for obtaining these permits should not hinder or infringe upon the right to dispose of such produce. Furthermore, the collection of minor forest produce should be exempt from any royalties, fees or charges.”
Mohanty said the the ownership right over minor forest produce supersedes any conflicting provisions with the state laws, such as theOrissa Kendu Leaves (Control of Trade) Act, 1961 that gives right to the forest department, he added.
“The intention behind this legislation is to ensure that individuals and communities have the autonomy and empowerment to benefit from the forest resources they have traditionally relied upon. This recognition and protection of their rights contribute to their overall well-being and sustainable livelihoods,” he said.
But the villagers have been denied this right by the Kendu Leaf Division of Jeypore and are awaiting its permission to sell 620,000 bundles of kendu leaves. The produce lose their quality and even get spoiled if not taken to the market timely, since the villagers don’t have adequate storage facilities or infrastructure.
Mohanty said that as the Kendu Leaf Division of Jeypore is not providing the necessary permits, the traders are hesitant to take the risk of obtaining permits from the Gram Sabha, fearing that the forest department might seize the kendu leaf.
The situation bears resemblance to an incident that occured in the neighbouring district of Nabarangpur in 2013.
On April 10, 2013, the forest and environment department of issued a letter directing the Principal Chief Conservator of Forests (Forest & Kendu Leaves) and MD, Odisha Forest Development Corporation to deregulate kendu leaves in Nabarangpur district for the 2013 crop year. The letter instructed the kendu leaves department to purchase the leaves from anyone willing to sell and that transit permits for transportation of kendu leaves were to be issued by the Gram Sabha.
Additionally, a letter was issued by the SC & ST development department on April 11, 2013 to the collector and district magistrate of Nabarangpur, stating that the deregulation of kendu leaves operation in the district was in accordance with the provisions of the Forest Rights Act, 2006.
The letter further instructed the district collector to educate the Gram Sabhas about FRA and to facilitate the issuance of transit permits by the Gram Sabha for transportation.
The deregulation was later extended to include the Malkangiri district within the Jeypore Kendu Leaf Division’s jurisdiction. This extension has proven to be beneficial for the pluckers, as they can now receive immediate cash payment that surpasses the government’s offer.
The Koraput forest division and divisional forest officer did not respond to the multiple attempts made by this reporter to contact them.