Van Panchayats were "hastily formed" in Uttaranchal to secure and use World Bank funds under the Joint Forest Management (JFM) Programme, says a study by the school of Planning and Architecture, New Delhi. In one of the case studies, Srikot village in Pauri district, the "patwari" lured the villagers to form a "Van panchayats," who were not even aware about it's functioning.
The creation of newer 'Van Panchayats' in the recent past, at the instance of the forest department, is also violative of the constitutional mandate. Under the eleventh schedule (Article 243 G) of the 73rd Amendment Act 1993, the village level panchayats have been assigned the duty to manage the village forests. The emphasis being given by the forest department on the creation of 'Van Panchayats' is tantamount to the creation of parallel structures to the gram panchayats. Infact, the Prime Minister of India in his letter, dated April 27, 2001, addressed to all Chief Ministers of India, has clearly stated, "I have also to point out that parallel structures (which marginalise Panchayati Raj Institutions) should not be set up. The objective has to be to implement the Constitutional provisions in letter and spirit in order that Panchayats are enabled to effectively address the challenges of socio-economic backwardness and rural poverty."
Van Panchayats came into existence after a number of rebellions against the control of forests by the British. A committee under the chairmanship of P Wyndham known as Kumaon Forests Grievances Committee was formed in 1921. The major grievances of the people reflected in a "Forest Grievances Committee Report" brought out then were the restrictions imposed on lopping and grazing, the placing of boundary pillars too close to cultivation and rules regarding fire protection.
Uttranchal Panchayati Raj Rules 2001, which replaced the 1976 rules are "more interventionalist in the control of bureaucracy which has been broadened and deepened", says the study. "A hierarchy of plans including the composite Management Plan, Micro Plan and Annual Implementation Plan has been introduced and before a plan can be implemented, bureaucratic approval has been made mandatory."
The Uttaranchal Panchayati Rules 2001 are also restrictive, says the study, in the sense that only one-fifth of the adult residents of the village are now required to make a proposal to the District Magistrate for the formation of a 'van Panchayat.' The 1976 rules required a minimum of one-third adult residents of a village for the same.
Rights of the people in respect of use of forest resources have also been "severely curtailed." Composite Management Plans would be based on the principles of Silviculture growing of woods and forests rather than the needs of the people. By laws pertaining even to elementary use of resource by a 'van panchayat' needs approval from government officer.
According to another study carried out in Uttaranchal by the Rural Litigation and Entitlement Kendra (RLEK), the recent increase in government interference has resulted in 'Van Panchayats' losing their original character. The interference by the forest department into the functioning of 'Van Panchayats' is "fast eroding the spirit of forest conservation by the local communities," it adds.
In many villages, the existing 'Van Panchayats' have been taken over by the JFM, says the RLEK study. Through JFM, the once self-dependent peoples organisations are being made dependent upon external support. Moreover, the involvement of a considerable sum of money - as in the case of JFM - not only leads to disputes and conflicts at the village level but also creates mistrust among community members".
It is felt that the forest bureaucracy of Uttaranchal, which has come from the state of Uttar Pradesh, has also inherited the same mindset and policies which earlier caused the depletion of forests in UP. Uttaranchal has a forest cover of nearly 65% and it seems that the current policies and attitudes of the bureaucracy would result in bringing it down to the level of the mother state of Uttar Pradesh, which has a paltry forest cover of less than 5%. It is also interesting to note that out of the 70 districts in Uttar Pradesh, 44 have a forest cover of less then one per cent while 10 districts have a green cover ranging from 1 to 5 percent. Only two districts of Uttar Pradesh have a forest cover of 15% or more.
To oppose the new rules, Uttarakhand 'Van Panchayat' Sangharsh Morcha, has been formulated in Kumaon. The Morcha has demanded that the Uttaranchal Panchayati Forest Rules 2001 should be scraped and the bureaucrat mind should be severely punished.
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