Thursday, October 21, 2010

Forest Land Title in Maharashtra = Forest Land Title in Andhra Pradesh?

Eternal Vigilance is the Price of Freedom Indeed!
I have another example of how neither a law nor a policy can ensure rights without a constant watch over the implementation process. I would go to the extent of saying that a bad implementation process can effectively scotch every chance of any positive outcome from a good law or policy.
The Forest Rights Act was passed by the parliament in 2005 and the rules were framed a couple of years later. It is crucial to note that the implementation was left to the states because ‘Forest’ is a subject included in the Concurrent List of the Constitution. So of course we ended up with a very uneven picture where the impact of this legislation was concerned. Maharashtra was possibly the slowest to take off, while others like Madhya Pradesh and Andhra Pradesh did a better job.
It is only recently that titles started to be distributed to forest land cultivators in Maharashtra. Behind the euphoria of finally getting hold of a piece of paper protecting the rights of the cultivator was a nagging doubt that all was not well. At a meeting farmers discussed the problems that could lead to problems and litigation in the future. One of the farmers had gone to the neighbouring state of Andhra Pradesh and got a copy of the title being distributed in that state. A comparison of the titles issued by the two neighbouring states pursuant to implementation of the same legislation tells a great story of how things can be totally different across state borders.


Maharashtra - In some cases the names of women are missing. Names of parents of women holders are not included. In some cases even the names of parents of the male holders are missing. Photograph of title holders not inlcuded. Names of other members of the family not included. Only land under cultivation is included; homestead land is not identified. Only forest compartment number is given. Division, range, round and beat are not identified. Maps not included. Boundaries are identified by natural features or names of adjoining farmers. In some cases even this is not given.The rights and duties are not given on the title. Number of Pages - One


Andhra Pradesh - Names of husband / wife as joint holders are noted.The names of parents of both male and female holders are included. Photographs of titleholders included. Names of other members of the family included. Land under cultivation as well as homestead land are separately included.Forest compartment number is given along with names of division, range, round and beat.Two maps are included. One of the area that is being regularized. The second map is of the forest compartment showing the location of the area being regularized. Boundaries are identified by latitude and longitudes shown on the maps.
Rights and duties of the titleholder are clearly enumerated on the title itself.
Number of Pages - Ten


A delegation of forest land cultivators met with the Minister, Tribal Development Department, Government of Maharashtra to discuss their concerns and to demand for more detailed and accurate titles. They produced the ten-page title distributed by Andhra Pradesh as a better example of how they wanted their property rights to be protected. While the Minister assured them that the titles handed out by Maharashtra government would be updated to include corrections and their suggestions, it remains to be seen if the changes come about without struggle.