6.4 Adivasi Demands and the 1989 Act

The Adivasis, or tribal people, are one of the most marginalized groups in India. Historically, they have faced discrimination, exploitation, and displacement due to the encroachment of their lands by non-tribal people, especially due to industrialization and forest laws. This subtopic discusses the Adivasi demands for justice and the importance of the 1989 Act in addressing their concerns.

Background of Adivasi Issues:

The Adivasis primarily live in forested and remote areas of India. Their way of life is closely linked to nature, and their livelihoods are dependent on forest resources. However, these resources have been increasingly taken over by the government and private companies for mining, agriculture, and development projects. This has led to displacement, loss of livelihood, and cultural alienation for many Adivasi communities.

One of the key issues faced by Adivasis is the lack of legal rights over their land and forest resources. Traditionally, Adivasis had communal rights over land, but these were often not recognized by the state. With the advent of modern laws and policies, many Adivasi communities found themselves without proper documentation for their land, making them vulnerable to eviction and exploitation.

The 1989 Forest Conservation Act:

The Forest Conservation Act of 1989 was enacted by the Indian government to address the growing concerns over deforestation and loss of forest cover. However, while the Act aimed to conserve forests, it also resulted in problems for the Adivasis, as they often lived in or around forest areas. The Act imposed restrictions on the diversion of forest land for non-forest purposes, but it did not take into account the rights of local forest-dependent communities, particularly Adivasis.

Demands of Adivasi Communities:

Adivasi communities have long demanded legal recognition of their rights over forest resources. Their primary demands include:

• Legal recognition of their traditional rights over forest lands and resources.
• Protection from displacement due to government or private projects.
• Fair compensation for any land acquired for development projects.
• Restoration of displaced communities to their original homes.

In the 1980s, there were widespread protests by Adivasi groups, especially in states like Odisha, Madhya Pradesh, and Jharkhand, where forest conservation laws were often enforced without regard for the livelihoods of the tribal communities. These protests led to growing demands for a change in policies to protect Adivasi rights.

Forest Rights Act (2006):

While the 1989 Act was seen as problematic for Adivasi rights, it eventually led to reforms through the Forest Rights Act (FRA) of 2006. This Act was a result of years of advocacy by Adivasi and environmental groups. The FRA recognizes the rights of forest-dwelling communities over forest land and resources. It acknowledges their traditional practices and grants them legal rights to cultivate land, gather forest produce, and even oppose illegal evictions.

The Act also established the provision for the recognition of community forest rights, ensuring that Adivasis could collectively manage and protect the forests they depended on. This marked a significant shift in the state's approach to Adivasi land rights, moving away from eviction and displacement toward inclusion and recognition of their traditional practices.

Challenges in Implementation:

Although the Forest Rights Act was a landmark achievement, its implementation has faced numerous challenges. Many Adivasi communities continue to struggle with bureaucratic delays, resistance from local authorities, and the lack of proper awareness among tribal communities about their rights. Additionally, there have been instances where the Act has been misused, with non-tribal people trying to claim forest rights meant for Adivasis.

Despite these challenges, the Act remains a vital tool for ensuring the rights of Adivasis to their land, forests, and resources.