Rights in transit

A recent dispute over transport and trade of kendu leaves in Odisha highlights differing interpretations of forest rights laws in the state

- NIDHI JAMWAL KALAHANDI

IN THE first week of October, Kalahandi, a district in Odisha dominated by tribal communities, was awash with celebration.

After four months, gram sabhas of Borapadar and Pipal Chhapar villages in Koksara tehsil regained possession of a truck of kendu leaves seized from them. The truck was released on September 24 on the order of a judicial magistrate in Koksara, marking a victory not only for the villages but also for those defending the spirit of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, (FRA).

The dispute began in May, when officials from the Dharmgarh forest range seized the truck claiming the Borapadar and Pipal Chhapar gram sabhas were “illegally” transporting kendu leaves. Also known as tendu or Diospyros melanoxylon, kendu leaves are used primarily for rolling bidis, and are a significant source of non-timber forest revenue for both the government and local communities.

The gram sabhas allege that though they had issued transit permits, forest officials refused to acknowledge them.

Seizure of the truck prompted a protest from Kalahandi Gram Sabha Mahasangh (KGSM), a district-level federation of 120 gram sabhas, 84 of which trade in kendu. KGSM filed a police complaint, arguing that the two gram sabhas had followed all protocols, including those under the Forest Rights Amendment Rules, 2012. The rules specify transit permits for MFP must be issued by a community forest resource management committee set up by the gram sabha or by an authorised person. “We have been exercising our rights. Seizure of kendu leaves was a violation of our rights and the sovereignty of our gram sabhas,” says Jatiram Naik, a KGSM member.