The Forest Rights Act of 2006

The Forest Rights Act (FRA) was enacted to address historical injustices faced by forest-dwelling communities, including both Adivasis and other traditional forest dwellers. The key provisions of the act include:

• Recognition of Rights: The FRA recognizes the rights of forest-dwelling communities to live in and from the forest. This includes individual rights to land that is being cultivated by forest dwellers as of December 13, 2005, and community rights over common property resources.
• Community Rights: The act provides for community rights over non-timber forest products, grazing areas, and fishing grounds, among others.
• Right to Protect and Conserve: Communities have the right to protect, regenerate, conserve, and manage any community forest resource.
• Development Rights: The act allows for the diversion of forest land for the development of community infrastructure and facilities managed by the government, subject to a ceiling of one hectare per project.

Implementation and Challenges

While the FRA holds promise, its implementation has faced numerous challenges:

• Awareness and Bureaucracy: Many Adivasis and other forest dwellers are not fully aware of their rights under the FRA. Additionally, bureaucratic hurdles and resistance from forest department officials have slowed the process.
• Inconsistent Implementation: The implementation has been uneven across different states. Some states have made significant progress, while others lag behind.
• Opposition and Evictions: In some cases, there has been opposition from conservation groups and the forest department, leading to conflicts and even evictions of forest dwellers.

Success Stories

Despite these challenges, there have been notable successes:

• Darjeeling and Kalimpong, West Bengal: In a significant move, the government has agreed to convert 79 forest villages in Darjeeling into revenue villages, recognizing the land rights of the residents. This decision marks a crucial step towards securing the land rights of forest dwellers in the region and is a testament to the power of persistent advocacy and community solidarity.
• Mendha Lekha, Maharashtra: This village in Gadchiroli district became the first in India to receive community forest rights under the FRA. The villagers have successfully managed and conserved their forest resources.
• Niyamgiri, Odisha: The Dongria Kondh tribe’s successful resistance against bauxite mining in the Niyamgiri Hills was bolstered by the FRA. Their struggle led to a historic Supreme Court ruling that recognized their rights and halted the mining project.

Impact and Way Forward

The FRA has had a significant impact on the recognition of rights for various forest-dwelling communities:

• Empowerment: The act has empowered many communities by legally recognizing their traditional rights.
• Conservation: Studies have shown that community management of forests can lead to better conservation outcomes than state-managed reserves.
• Livelihoods: Recognizing land rights has improved the livelihoods of many forest-dwelling communities by providing them with security and access to resources.

Our Struggle in the Cinchona Plantations and Tea Estates of Darjeeling and Kalimpong

As original inhabitants of the Cinchona Plantations and tea estates of Darjeeling and Kalimpong in West Bengal, we, the Gorkha community, along with other marginalized groups, have long-established roots and a deep connection to these lands. Despite our deep-rooted connection to this land, we still do not have ownership rights. This land is not just a piece of earth to us; it is our home, our heritage, and our identity.

We have equal fundamental rights like other citizens of India. It is time that our long-standing residency and contribution to this region are recognized by granting us ownership of the land we call home. Land is the biggest asset or property in anyone’s life, providing security, stability, and a sense of belonging.

The success stories of Mendha Lekha and the Dongria Kondh tribe inspire us. Their victories show that persistent struggle and solidarity can lead to recognition and justice. Just as the Forest Rights Act has empowered various forest-dwelling communities, we too seek recognition of our rights to the land we have nurtured and depended upon for generations.

Call to Action

We urge the authorities, our fellow citizens, and supporters to recognize our rightful claim to the land for the cinchona plantations and tea estates workers in Darjeeling and Kalimpong. Let us unite and advocate for our land rights, drawing strength from the successes of other marginalized communities across India. The Forest Rights Act represents a significant step towards addressing the long-standing grievances of forest-dwelling communities, and we believe it can serve as a model for securing our land rights for the cinchona plantations and tea estates workers in Darjeeling and Kalimpong. Let us work together to ensure justice and recognition for all who have long been denied their rightful place on the land they call home.

Writes: Dr. Sanjog Chhetri, Upper Village, Gairibas Cinchona Plantation

The post Our Struggle for Land Rights in the Cinchona Plantations and Tea Estates of Darjeeling and Kalimpong appeared first on The Darjeeling Chronicle.

सिन्कोनी अनि चियाबारी श्रमिकहरु गम्भीर समस्यामा!

सिन्कोना(Cinchona) अनि चिया बगान श्रमिकहरुको (E.P.F) भविष्य निधि कोषको आफ्नु(U.A.N) Universal Account Number संग आफ्नु आधार कार्ड संख्य Link नभएमा उक्त, श्रमिकहरुको मासिक कटौती ई,पी,एफ धनराशी 01 जुन 2021 देखि आफ्नु कोषमा जम्मा नहुने सरकार द्घारा अधिकारीक आदेश आए वापत सिन्कोना अनि चियाबारीको हजारौं श्रमिकहरु मार्कमा परेको छन् !

हजारौ श्रमिकहरुको आफ्नो आधार कार्डमा लेखिएको उमेर अनि आफ्नु नामको हिज्जे(Spelling) E.P.F अफिसको Record संग मेल नखाँदनै यो समस्याहरु देखा परेको हुन् अब यस्तो भुलहरुलाई संशोधन गर्न हो भने पहिला आ-आफ्नो आधार कार्डलाई संशोधन गरे पश्चयात मात्र उक्त, आधार कार्डको आधारमा E.P.F अफिसको Record लाई संशोधन गर्न सकिन्छन् ! दार्जीलिड पहाडमा आधार कार्ड खिच्ने केन्द्रहरु नभएको कारणले गर्दानै हजारौ श्रमिकहरुले उक्त समस्यहरु भोग्न परेको हुन्!

भविष्य निधि कोष केन्द्रिय योजना हो, केन्द्र सरकार अथवा राज्य सरकार संग सम्बन्धित रहेको जन प्रतिनिधिहरुले हजारौ श्रमिकहरुको गम्भीर समस्यहरु प्रति अवहेलना नगरी यथ शीध्र P.F Regional Commissioner अथवा उच्च अधिकारीहरु संग वहस गरि 15 जुन 2021 श्रमिकहरुको मासिक P.F धनराशी Deposit गर्ने मिति अगवै श्रमिकहरुको हितमा निष्कर्ष निकाल्न सके हजाकौ श्रमिकहरुले राहत पाँउने छन्!

श्रमिकहरुको समस्याहरु प्रति आज सम्म जन प्रतिनिधिहरुले अवहेलना गरेको कारणले गर्दानै उक्त, गम्भीर समस्याहरुमा फसेको ठान्छन् सिन्कोना अनि चियाबारीको हजारौं श्रमिकहरु!

Important Instructions

• Seeding of Aadhar is Mandatory for filing of ECR from 01.06.2021.

• Section 142 of the Code on Social Security, 2020, has been notified vide gazette notification No 1730(E) dated 30.04.2021 (copy of gazette notification is attached).

• Now, in accordance with the provisions of the above mentioned gazette notification, the monthly ECR shall be allowed to be filed only for those members, whose Aadhar numbers are seeded with UAN and verified, w.e.f 01.06.2021.

• In this regard, Establishments covered under EPFO are advised to ensure that the Aadhar is seeded in respect of all the contributory members, to enable them to avail uninterrupted services of the EPFO and to avoid any inconvenience.

• Employees can also seed their Aadhar number with the UAN.

• Employees can seed their Aadhar directly through the online e-KYC facility available on the member portal & UMANG App

• Further changes have been made in the Employer Unified Portal enabling the employer to upload the signed Digital Signature Certificate letter PDF through their login itself and once uploaded; the Signed DSC letter will be available with the field office for further necessary action.

• For further details visit www.epfindia.gov.in and ls you may contact us at ro.darjeeling@epfindia.gov.in

Writes: B K Rai

The post Cinchona and Tea Garden Workers Facing Grave Problems Due to Mismatch in Aadhar, EPF, and UAN Numbers appeared first on The Darjeeling Chronicle.

Brief History

The Cinchona Plantations in Darjeeling and Kalimpong hills, although with a history as old as the tea plantation in the region, has not been able to evoke the same romanticism as its world-famous tea or tourism. Cinchona cultivation in Darjeeling region can be tracked back to 1861-62 under the direction of Dr Thomson Anderson, Superintendent of the Royal Botanical Gaden, Calcutta. Back then Malaria was the leading cause of death and government needed these plantations to provide quinine to the hospitals.

By 1906, Rangju Valley Block – comprising of Rangbi and Mungpoo Divisions; and Rayang Valley Block consisting of Sitong and Labdah Divisions were established. Today looked after by the Directorate of Cinchona and other Medicinal Plants under the Food Processing Industries & Horticulture Department, GTA the Directorate looks after four plantation spots

• Mungpoo – established in 1862
• Munsong – established in 1901
• Rongo – established in 1938
• Latpanchar – established in 1943

Spread in an area of 26181.50 acres, at the heights of its operations, the Directorate provided employment to around 7000 people – out of whom 57 were officers, 5350 daily workers, 1204 institutional official, 68 office employees in Kolkata and seasonal workers whose number varied according to the season. In addition to producing the lifesaving Anti-Malaria drug Quinine, they experimented with other plants like Cephaelis ipecacuanha, large Cardamom, Rubber, Mulberry, Turmeric, Mandarin Orange etc.

As of 2015, the Cinchona Directorate had shown plantation of various medicinal plants at 8406.65 acres.

Four factories – two based in Mungpoo and two in Rongo processed Quinine, Ipecac, Dioscorea composite and other such derivatives. However, sadly the factories started to be shut down one by one. Mungpoo factories that produced Quinine shut down around 1995, Factory producing of Emetine hydrochloride, a product of Ipecac was shut in 2000. Factories producing Diosgenin (used in steroids) from Dioscorea was shut in 2005.

Majority of those we spoke to, attributed shutting down of the factory to the lack of demands and availability of cheap chemical alternatives available in the market.

Sales Blues: Uncertain Supply

However, like with all inefficiently run government operations, the Cinchona Directorate failed to overcome the bureaucratic red-tapeism, which actually lead to its doom. Being a Govt of WB undertaking the Directorate would auction off the products – which made it difficult for buyers to undertake a long term commitment to buy products. If someone got extracts this term, there was no guarantee that the same person would win the auction again. A long-drawn-out auction process also took valuable time. Due to this, buyers gradually moved elsewhere to procure supply that would be guaranteed.

Also, availability of cheap chemical alternatives in the market, greatly reduced reliance on natural products which were too cumbersome to process and procure, as compared to chemicals that could be easily procured and scaled according to the needs of the market.

Because of these reasons, the Cinchona Directorate has constantly been a burden on the exchequer, almost to the tune of Rs 30 crores per annum. Moreover, due to non-functioning factories, precious opportunities are being lost, which could have been utilized otherwise.

Uncertain Future: Immense potential

Although the Directorate of Cinchona and other Medicinal Plants has been moved away from West Bengal government, the Gorkhaland Territorial Administration has not been able to take advantage of this amazing resource pool we have in the hills. We have also failed to utilize the expertise of the scientists and researchers associated with this directorate, to help in other spheres of farming and agriculture. If we let things be, it is for certain that the Cinchona plantations will meet with the same fate that Aloo Bari across Darjeeling and Kalimpong faced. Gradually we will lose this huge economic and employment generating institution we have.

Back in the 1990s there was a talk of Unilever tying hands with Cinchona Directorate to develop plants and produce as needed in the market. However, politics happened and the then CPI(M) government backed down from the deal. However, that potential still remains.

As the world turns its ways towards organic and natural products, there is a huge national and international markets available for natural medicinal plants products. We can turn Mungpoo, Sitong-Latpanchar, Rongo and Munsong into an international hub for natural medicines. We can work with the Govt of India to help establish a CSIR-Medicinal Plants Research Institute and try and tap into new natural medicine market. We can also work with the Horticulture department to help with the expansion of natural food and fruits, floriculture and other avenues can also be examined. National Dairy Development Board can be invited to establish a Dairy Research Center in the region, and it can be integrated with our natural and holistic medicine researches. Grassroots driven Home-based tourism can also be promoted in the region to increase local employment and earning opportunities.

But for this, we need to have a vision – a plan and will to execute this plan.

Hydroxychloroquine and Our Cinchona

In 1934, German scientists created the synthetic chloroquine as part of a class of antimalarials, Hydroxychloroquine is the less-toxic version of chloroquine. These are chemically derived products and have nothing to do with Quinine produced through Cinchona barks.

So no, Cinchona cannot save you from COVID19, but You can help save Cinchona Plantations

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The main attraction in Aahal Sunrise Viewpoint is its natural landscape, a 360-degree view of mountains and tea garden. Located between Shelpu Khashmahal and Mahananda Wildlife Sanctuary, the viewpoint is a hidden place for the world. It took a lot of effort for the inhabitants of Shelpu and its surrounding area with to promote Aahal Sunrise Viewpoint through different modes – social media, tourism festival, installing Signboards, etc. Today, it presents itself as one of the most attractive tourist destinations of North Bengal and tourists can witness nature in full bloom from this point.

It is to be noted that till date Aahal has received not a single scheme (except MGNRES) for beautification from the Government. The present status of Aahal as a major tourist destination is due to the tireless efforts of the local inhabitants. In 2013, Mr Padam Gurung and Mr. H.K Rai constructed a 500-meter Kutcha road on their own investment to link Aahal Sunrise Viewpoint after they constructed a Homestay and started cultivation of tea on a small scale.

The road passes through a boundary between Latpanchor Cinchona Plantation and Shelpu Khashmahal with a certain portion at the main entrance within Latpanchor Cinchona Plantation. On petition from the people of U.P. Shelpu, an MGNRES scheme was implemented by Sittong-3 Gram Panchayat in 2016 to upgrade the road. Literally, this road was extended more (1.5 km approx.) inside the periphery of Aahal region and Shelpu with their own investment because these areas did not have road facilities. Today, this kutcha road serves an important role for everyone.

The main concern, however, is that the management of Chinchona Plantation have installed a drop-gate at the main entrance of Aahal Road without any consent from Government bodies and are collecting money from vehicles passing through the gate.

The issued entry ticket is printed in the name of Office of Gorkhaland Territorial Administration but the ticket does not have any serial number or registration number. The amounts levied are Rs. 100 for outsider vehicles, Rs. 50 for local vehicles, Rs. 20 for two-wheelers, and Rs. 10 for a single person. However, it must be noted that the road for which they are charging the tax was neither constructed by Latpanchor or Chinchona Plantation, or the GTA.

A similar gate has also been installed at Joghighat at the entrance of Mungpoo by the Directorate of Cinchona Plantation at Mungpoo but no fees is charged for person or vehicle. That gate was used to control illegal smuggling of Cinchona wood. Interestingly, the present gate installed by the plantation authority and the entrance of Latpanchor-Cinchona plantation are opposite to each other. From the initial establishment of Latpanchor-Cinchona Plantation since 1943 till date, there has never been a stark example of hypocrisy and discrimination.

The road not only falls on Latpanchor-Cinchona Plantation, but some part of the road also shares area under different landlords of Shelpu Khashmahal. Further, this road was extended at the periphery of Aahal by the people of Shelpu with their own investments. Now, they are denied access to use the road they have constructed for their own interests.

They are forced to pay taxes when they are carrying household materials or cash-crops for selling. This action has an adverse effect on sustainable growth, and it denies the rights of people. The authority appeared suddenly and started collecting tax without consulting the landholders or the people of the locality. The locals of Shelpu-Sittong-Latpanchor who are proud of their place and have worked hard for this place now have to pay Rs 10 to enter their own village.

Today, there are more than 20 homestays in Sittong valley (Shelpu, Tham, Ghaletar, Sabje, Sittong G.C.P, Latpanchor, Rolak, Mana, 6th mile, Jogighat, Maldiram, Mamring). Most of the tourists who come to Sittong valley love the Aahal Sunrise Viewpoint. While the government has failed to provide any funds to develop tourism here, it is wrong to charge such huge price even for locals to pass through the roads. The number of visitors in Aahal is increasing day by day and such action would certainly discourage tourists and hamper the flourishing business, which is also generating local employment and sustainable economic growth.

The collection of tax by the Latpanchor Chinchona Plantation in the name of GTA is unlawful. Without proper verification and knowledge of its geographical location, the taxation should not have been allowed.

We, the people of Shelpu, strongly condemn the action taken by Latpanchor-Chinchona Plantation. The installation of the gate at the entrance of Aahal Road and charging of taxes to people and vehicles is unlawful. The checkpost and the gate should be demolished as soon as possible. We would like to appeal for help from all the concerned higher authority to investigate and take significant strict action against the ones who are linked to the collection of taxes in the name of GTA.

A few questions that could not be left out and needed to be addressed:

• Is Latpanchor-Cinchona Plantation collecting tax in the name of Gorkhaland Territory Administration or has GTA given the permission to collect tax?
• If GTA had permitted to collect tax, what are the conditions under which the permit was issued?
• What right do they have to collect tax without implementing a single scheme or supporting the locals to develop the tourism site?
• Before issuing the permit, was it not necessary for GTA to verify or consult with the locals about its advantages and disadvantages?
• Who authorized the gatekeeper to sign in the name of GTA? Does he/she been provided authority by GTA?
• Why is there no receipt, registration number, or any tracking number in the receipt?
• Or, is Latpanchor-Cinchona Plantation allowed levying taxes on people?
• Who gives the right to the plantation owners, or GTA to impose such taxes on the locals living there for generations? That too without contributing anything for them.

Can anybody hear our woes and appeal for help?

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