T.

Marirajan, MA (SW), MPhil (Sociology)

No: 1/106, Kurunji Illam, Pudumariammankoil st, Thachappatti,
Uthappuram (Po), Peraiyuer (Tk), Madurai dt,
Ph: 9442524545, E-Mail: tmarirajan@gmail.com
3rd November 2011
Research Plan:

A Study on Community forest rights of the Paliyan Tribes and the

implementation of Forest Right Act (FRA) 2006 in Tamilnadu.

INTRODUCTION:
In the late 20th century, particularly after the United Nations drew up international
environmental principles in the 1972 Stockholm Declaration and the 1992 Rio Declaration, the
Government of India progressively introduced different policies and laws that paved the way to
recognize that tribal people, especially forest dwellers, had rights over, their ancestral land,
including the rights to earn their livelihood from forests and maintain a cultural identity that is
linked to them. After almost nearly 25 years of debate and extensive consultations, this process
culminated in the enactment of the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act 2006 (Government of India 2007). This Legislation, known
as the FRA 2006, is a landmark in the evolution of the governments attitude on tribal people and
their rights. This act is also considered as an important shift in the history of forest resource use
and its management in India. The Act aims at restoring traditional rights of forest dwellers on the
one hand, and maintaining the ecological balance on the other hand with a view to provide
sustainable livelihood options to forest dwelling scheduled tribes (STs) and providing other
traditional forest dwellers, including those who were forced to relocate their dwellings due to
state intervention through previous forest laws and development projects. Thus, the underlying
objective of the Act has been to strike a balance between the potentially conflicting interests of
the forest dwelling communities and protecting forests and wildlife resources.

The Section 3 of the FRA recognizes the traditional forest rights of the communities (who live in
the forest) both at the individual and community levels. At the individual level, it recognizes
their rights, to hold a piece of forest land either for self-cultivation or for any other common
occupation or habitation so as to ensure their livelihood. At the community level, it recognizes
their rights to access minor forest products other than timber, and to carry out fishing activities in
water bodies besides traditional and seasonal access to pastoral communities and nomadic tribes
for grazing, protecting community forests, accessing biodiversity and claiming intellectual
property rights over traditional knowledge and cultural diversity.
The FRA also provides powers to the government for diverting forest land to build schools,
dispensaries, anganwadies, fair price shops, electric and telecommunication lines, drinking water
facilities, etc for developing basic infrastructures to the welfare of the forest dwelling
communities. However, the FRA makes it clear that the forest land, which can be diverted for
other uses, is less than one hectare (for any single use) provided the felling of trees does not
exceed 75 trees per hectare.
Section 6 of the FRA gives the procedural details of the implementation of this Act. Accordingly,
the gram sabha is the authority to initiate the process of implementation by constituting a forest
rights committee (FRC). Then the FRC decides the nature and extent of individual or community
forest rights or both that may be given to the forest dwelling communities under their
jurisdiction. These procedures are examined by a sub divisional level committee which forwards
the same to district level committees for final decision-making. It is also mandatory to have a
state level committee to monitor the process of recognition and vesting of forest rights. All
committees consist of members from the departments of revenue, forest and tribal affairs as well
as members from local bodies.
The government of Tamilnadu initiated the implementation process by constituting a state level
committee on 19th February 2008 under the Rule 9 of FRA 2006 and directed the District
Collectors to constitute the District and Sub-Divisional Level Committees. On 22nd February
2008, a letter was issued to direct the convening of gram sabhas. It appears that on May 1st
normal gram sabhas, the Act was raised at some villages in Erode and Dindigul Districts. On 21st

February 2008, the Madras High Court issued a stay order against to issue of pattas or felling of
trees (under section 3(2)). On 30th April 2008, after an application for vacation of this order was
moved by a tribal organisation, the High Court clarified that implementation of the Act should
proceed, but the title for any rights should be granted only after obtaining orders of the
Court. These court orders have been used as a convenient excuse for the government to nonimplementation of the Act during the initial period. After getting High court clarification, process
of implementation has commenced in small way for the name sake.
On July 1st, 2008 the State government has begun constituting the District Level Committees in
most districts. By the first half of August, 2008, the process of creating FRC's had begun in most
hill areas in the State. In some districts, however, only the District and Sub-Divisional Level
Committees was set up, and in some cases even their members do not know they are on them.
FRC's formed at the hamlet level on the initiative of people have not been officially recognized.
The process of submission of claims and their determination has been completed on 31 st
December 2009 itself. As on 31st May 2010, 16,314 claims were received and 2,312 titles were
ready for distribution. Title deeds would be distributed after the vacation of restrictive order of
Madras High Court. Still the Sub divisional Level Committee (SDLC) and District Level
Committees (DLC) have remained unresponsive till date.
The main feature of the act is to recognize the community rights such as the right to minor forest
produce etc. The most powerful sections of the Act concern the community right to manage,
protect and conserve forests, the first step towards a genuinely democratic system of forest
management (sections 3(1)(i) and 5). In most areas the State and Central government authorities
have made concerted efforts to deny or ignore these community rights and to instead treat the Act
as if it is purely about individual land rights.
With this context, this study tries to map on the forest rights and living areas of Paliyan tribes as
well as to examine the implementation process of FRA 2006 in Varushanadu hills of Theni
district, Tamilnadu.

STUDY AREA:
The study area known Varshanadu hill is located in the lower ranges of the southern Western
Ghat mountain chain.

This hill area has a high population pressure from the farming

communities of Thevars (agriculture landlords), who occupy the foothills. The elevation of these
hills is not more than 900 1200 meters and is extremely degraded. The vegetation in other areas
consists of low scrub jungle, with dominance of Prosopis spp. Some patches of the Varshunad
Hills have fairly thick deciduous forests. The temperature in this area is significantly high and
the entire agriculture is rain-fed.
Among other tribes in Theni district, Paliyan tribes are dominant group in Varushanadu hills.
They reside in little hamlets in the foothills, sometimes close to other communities. The social
relation between these tribals and Thevars (agriculture landlords) are not equal and instances of
exploitation on the tribals have been noticed. In spite of low, degraded tree cover and vegetation,
the Paliyan still practice honey hunting during the season. The study villages are located in
Kadamalaikundu and Mayeladumparai blocks of Aundipatti taluk, Theni district in Tamil Nadu.
Map of the study Area:

There are 11 Paliyan hamlets located here and out of 11 hamlets, three of them will be selected
for this study based on its location, dependence on forest based lifestyles: nomadic, seminomadic and settled. The background data were already collected from these villages during the
initial field work.

OBJECTIVE, RESEARCH QUESTIONS AND HYPOTHESES:

The main objective of the research study is to document the forest rights of Paliyan tribes in
Varushanadu hills of Theni district recognized under the act, and to identify an important
constraints involved in implementing the Act at the ground level, so that the state can take
appropriate steps to minimize these constraints in terms of taking the implementation process
forward.
The specific objectives of the present study will be:
- To study the present socio-economic conditions of Paliyan tribes
- To identify the means of subsistence and the forest based livelihood options of Paliyan tribes
- To analyse how far the government's legal obligation to protect Paliyans' own means of
subsistence has been fulfilled/neglected
- To find out the community forest rights of paliyan tribes
- To study the implementation process and the impact of FRA 2006
The primary aspects of current life style of paliyan tribes will be focused in the study are
Demography details of the study villages
Forest based livelihood options
Documenting the community rights recognized under FRA 2006 such as
o Right to hold and live on forest land as an individual or community and to
cultivate land as a livelihood
o Community rights such as cattle grazing on forest land
o Right to collect, own use, and dispose of minor forest produce that has been
traditionally collected within or outside village boundaries by forest dwellers
o Community rights to collect fish and other products from water bodies
o Right to use traditional seasonal resources such as pastures and water bodies as
nomadic or pastoralist communities
o Right to reclaim any disputed land over which forest dwellers had user rights
o Rights for converting to titles leases or grants of forest lands issued by local
authorities or state government
o Rights of settlement and conservation of all forest villages, old habitation, unsurveyed villages and villages in forests

o Right to protect, regenerate, conserve, or manage any community forest resource

that the community has traditionally protected and conserved for sustainable use
o Rights that are recognized under state law or laws of any autonomous district or
regional council or rights that are accepted as rights of tribal people under any
traditional or customary law of the concerned tribes of any state
o Rights to claim intellectual property rights over traditional knowledge related to
biodiversity and cultural diversity
o Any other traditional right enjoyed by the forest-dwelling scheduled tribes or
other traditional forest dwellers, but excluding the traditional right of hunting or
trapping of animals
o Right to relocation and rehabilitation if evicted or displaced from forest land
without providing legal entitlement to relocation or rehabilitation before 13
December 2005
o Right to use forest land not exceeding 1 hectare to build schools, dispensaries,
fair-price shops, communication lines, minor irrigation canals or other water
bodies, vocational training centers, roads, community centers, and drinking water

supply pipelines, subject to approval by the gram sabha (village assembly).

Analyzing the process and stakeholder involvement of FRA implementation
Impact of FRA 2006 on Paliyan, Sustainable forest management issues

On the basis of my previous research and literature review, as well as my frequent field visit
among Paliyan tribes after the enactment of FRA 2006, the following hypothesis can be set.

Forest based self sustained lifestyle of Paliyan tribes was changed due to forced

migration by state in the name of anti poor forest protection policies.

The implementation of the Forest Rights Act 2006 in the Varushanadu hills, Theni district
identifies the main constraints to the working of the legislation. Community rights and

conservation provisions seem to be ignored by the implementing authorities purposefully.

Paliyans prescription for a good life - residing in a natural setting, cultivating a mature
and self independent , respecting all others and fostering a peaceful society will be
achieved if the provisions of act is implemented as it is.

RESEARCH MATERIALS AND METHODS:

In order to study the community rights recognized under FRA 2006 and its implementation in
Varushanadu hill area will take so much of field work including mapping, walk through survey,
semi structure interviews needed and the application of other participatory tools like resource
map, time line and trend change. At the same it also needs a wide range of study materials
collection for the analysis. The essential research materials and the sources of data are listed in
the table below.

Types of data to be collected

Sources of data

Current Status of Paliyan tribes and their life Data Collection and semi structure interviews
style

(Demography

details,

Livelihood

options)
Documenting the community forest rights Government records, Interviews, PRA sessions etc
recognized under FRA 2006
Analysing the implementation process and its Published records of line departments who are in
stages so far

charges of FRA 2006 implementation, Semi

structured interview with officials and committee
members

Impact of FRA 2006 and Sustainable forest Field visits, discussions

management issues
EXPECTED RESULTS AND SIGNIFICANCE OF THE STUDY:
Lot of studies were already conducted among Paliyan tribes about their culture, medicinal
practices etc. Hence this study is going to deal the community forest rights of Paliyan tribes
recognized under the FRA 2006 is vital point for securing their traditional and customary rights
which was denied till now. The study is going to map the living areas and to document the
community rights which were not done properly yet now. It also tries identifying the obstacle of
the implementation process of the act.
TIME SCHEDULE:

The study will begin in mid 2011 and end in 2014.

2011 2012
Planning and background work
Field work

2012 2013

Analysis
Writing the study
Publishing the study

2013 2014

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