Wooden logs in a wood stockpile

Indigenous forest dweller whose livelihood depends entirely on the forest was harassed badly in the name of forest conservation for entering forest & collecting minor forest produce’ including firewoods, Honey, Tendu leaves, herbs, medicinal plants etc. from forestland. But on the other hand, massive deforestation is taking place on a very huge scale with the consent of forest department. The large-scale destruction of the forests in India is rooted in the commercially oriented forest use. The wood contractors are allowed to undertake massive deforestation because it is repaying huge revenues to the State. Protected forest areas in several parts of Madhya Pradesh are vulnerable to illegal logging by wood mafias (like timber mafia) that have coopted or intimidated forestry officials, local politicians and businesses. And picking up of small dead stems for their small domestic use is not illegal because marginalized forest dwellers cannot afford to pay off. Many a times they are their children are forced to sleep anti stomach as their is no firewood to cook meal or no other forest produce which they generally eat in their meals. And if they enter the forest areas to carry out to their minimum needs, the forest department atrocities became a life long torment of them.

It was almost dusk when a firewatcher arrested Sukhwati, a minor Gond tribal girl from Mohgaon of Bichhiya block. Sukhwati d/o Dhaniram (17 yrs) along with Baniharo Bai w/o late Lachhi (45 yrs), Revti d/o Sukhlal Maravi (15yrs), Samaliya w/o Sukhlal & Baniharo’s son (12 yrs) have gone to collect fire wood into the buffer zone of the forest which is hardly 300 meters from their village. Firewatcher took Sukhwati to chowki (forest station) at Karibah which is about 6 kms from Mohgoan & then to Khatola and presented her in front of other officials where they took her thumb impression on a blank sheet & thereafter she was made to sit on a motorbike with three forest guards & other persons. She was taken into forest where they took her pictures with Bamboo trees by using coercion. Whole night the ruthless drama was continued. In the morning she was presented in District court from where she was released on the payment of bail.

Not even a week has been passed to the pity incident, when two lady constables & three male forest personnel have came again to Mohgaon to horrify the poor tribal early in the morning. They took Baniharo, Ravti & Samaliya into custody, of which Ravti was minor. They were also taken into deep forest where lady constables have brutally beaten Baniharo & Samaliya even on their sensitive organs. After 2-3 hours Ravti was relased but case is also registered against her. They were drawn out to Bamboo trees like Sukhwati to suck up their photographs to characterize that they caught them red handed for cutting bamboo trees in the forest. Baniharo pointed that they Sukhwati- a child victim reached Mandla at 4 pm from where they got their bails.

Baniharo started crying narrating the incident. She informed that the forest personnel were also searching for her younger son Ganesh. But could not do so, as he was not their in the village. Baniharo’s younger son is forced to stay away from her mother as officials do not have sensitivity even for the adolescent boy.

	Baniharo- still in tension
	Sukhwati- a child victim

Baniharo & Sukhwati pointed out that they need to go to District Court, Mandla on every fortnight for court hearing where they need to pay around Rs.150 as fees. And more than Rs.100 spent on travel to reach Mandla from Mohgaon. Along with this they loss the wages for one whole day. The marginalized tribal with hand to mouth are made to bear hunger & compelled to catch in strong grip of debt to pay of bail amount & to bear the expenses of court hearing.

The aforesaid picture depicts an example of the atrocities of the forest department & inhuman treatment towards tribal poor in the state. It is not that this is only case that arose in Mahogaon. Even the Sukhwati’s father Dhaniram Gond was also arrested in forest by Forest Guards when 5-6 cows belong to Dhaniram crossed the border of the buffer zone during July-Aug’09. He was badly tortured in unhuman manner in forest chowki. Dhaniram was kept in jail for about 8 days. He was released after repayment of Rs.5000 for bail. Now every now & then he is called to attend the hearing.

Dhaniram stated that every time during hearing they are told to give their thumb print on blank sheets & submit the fees. And if they are not able to attend any hearing, forest department personnel hit them sarcastically & put them in jail again.

Although the Scheduled Tribes (Recognition of Forest Rights) Act, 2005 is comprehend to ensure the Rights of Forest Dwelling Scheduled Tribes including right to collect, utilize or transfer minor forest produce. The Act is meant to provide transfer the ownership of the land to the tribes. However at the same time passing of this act have developed insecurity in the forest department concerning its hold on the forestland. Thus they started exercising use of coercion to retain their fear in the mind of tribal poor to prevent them not to have increased vigilance in the forestland. The autocratic attitude of the forest department officials is resulting in increasing atrocities on forest dwellers for every small incidence like collection of firewood to cook their meals or enter the forest area to worship their almighty.

Such atrocities is not only threatens the human right to life & dignity but it also violates the child rights to protection & participation & hurdles the child rights to development. Sukhwati is minor girl with 17 years of age but still she was arrested by the fire watchers & no female officers were their at the time of her arrest. Female constables were called only after they were about to leave for Mandla.

Sukhwati was engaged to a boy in the other nearby village and was about to marry as soon as she completes 18 years of her age. However, after the incident, the groom’s parents had rejected to marry Sukhwati. Dhaniram said that reason for concealing the marriage is that who is going to bear headache to go for court hearing even now & then.

Thus the incident which is very normal happening for the forest department has ruined the life of a minor girl. It has a deep impact on the emotional stability of the Sukhwati. Mental trauma and depression inherited under the impact of incident & hearings thereafter consequently resulting into increased feelings of rejection, powerlessness, fear, low self-esteem, depression & development of negative thoughts and vision.

While Constitution of India mentions that “children are given the opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.” It is also a violation of child rights as mentioned in Article 37 of CRC: “No child can be subjected to torture or other cruel, inhuman or degrading treatment or punishment. And States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. But in spite of protecting the children, it is wings of the State that is responsible for exploiting the rights of the child. Sukhwati needs to immediately protect against such inhuman treatment & atrocities & atrocities to prevent infringement of her rights. Also there is immediate urge for righteous implementation of the Scheduled Tribes (Recognition of Forest Rights) Act, 2005 in favour of these indigenous people.

Seema Jain