Struggles of Baipariguda Gram Sabha MahaSangha in Selling Kendu Leaves: Challenges and Legal Framework

Struggles of Baipariguda Gram Sabha MahaSangha in Selling Kendu Leaves: Challenges and Legal Framework

Villagers in Odisha’s Koraput district, affiliated with Baipariguda Gram Sabha MahaSangha, initiated the process of seeking kendu leaf collection rights under Community Forest Rights (CFR). However, they are currently facing challenges in obtaining approvals from the forest department.

Challenges in Selling Kendu Leaves

  • Over 100 villages in Koraput district united to sell forest produce for livelihood, desiring to directly market the leaves instead of selling to forest department-appointed traders.
  • Offering Rs 4 per bundle to pluckers, compared to the forest department’s rate of Rs 3.20, aiming for higher profits.
  • Support from 4,000 indigenous people awaiting the sale of kendu leaf worth Rs 34 lakh.
  • Lack of collection points in areas inhabited by tribals led Gram Sabha to undertake kendu leaf collection.
  • Despite efforts, vulnerable groups like single women and widows dependent on non-timber forest products face income challenges.

Legal Framework and Rights

  • Forest Rights Act (FRA) of 2006 defines ‘minor forest produce’ and grants rights of ownership and access to collect, utilize, and dispose of such produce.
  • Provisions include the right to sell, process, store, and transport minor forest produce.
  • CFR allows Gram Sabha-approved individuals to issue transit permits for transportation.
  • Ownership rights over minor forest produce supersede conflicting state laws such as Orissa Kendu Leaves (Control of Trade) Act, 1961.

Current Situation and Similar Incidents

  • Kendu Leaf Division of Jeypore delays permits, hindering sales of 620,000 bundles.
  • Inadequate storage infrastructure risks spoiling the produce.
  • Traders fear forest department seizure, reluctant to obtain permits.
  • Similar incidents occurred in Nabarangpur district in 2013, where deregulation facilitated immediate cash payments to pluckers.

Unresponsive Forest Authorities

  • Despite attempts, Koraput forest division and divisional forest officer did not respond to inquiries.

Multiple-Choice Questions (MCQs):

  1. What is the main challenge faced by the villagers associated with Baipariguda Gram Sabha MahaSangha?
    • A) Obtaining approvals from the agricultural department.
    • B) Selling timber directly to traders.
    • C) Establishing collection points in forest areas.
    • D) Obtaining permits from the forest department to sell kendu leaves.
    Answer: D) Obtaining permits from the forest department to sell kendu leaves.
  2. What legal framework grants rights to collect, utilize, and dispose of minor forest produce?
    • A) Forest Conservation Act, 1980.
    • B) Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
    • C) Environment Protection Act, 1986.
    • D) Wildlife Protection Act, 1972.
    Answer: B) Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
  3. What was the purpose of the deregulation of kendu leaves in Nabarangpur district in 2013?
    • A) To increase government control over kendu leaf trade.
    • B) To reduce forest produce collection by local communities.
    • C) To facilitate immediate cash payments to pluckers.
    • D) To restrict transportation of kendu leaves.
    Answer: C) To facilitate immediate cash payments to pluckers.