BHOPAL | Monday, July 13, 2009 | Email | Print |  | Back
‘Ensure tribals’ rights are intact’
Staff Reporter | Bhopal
Tribals have been living in forests since time immemorial and they have intrinsic rights over land, water and forest. The Government, therefore, should make arrangements which can ensure protection and conservation of forests while protecting rights of tribals on forest dwelling and livelihood. These views were expressed by chairperson of Madhya Pradesh Human Rights Commission (MPHRC) Justice DM Dharmadhikari, while he was inaugurating a convention of judicial and forest officers on forest conservation at Academy of Administration in the State capital on Sunday.
Those present on the occasion included Commission's member Vijay Shukla, NCHEC, Bhopal Chairperson MN Buch. Advisor of MP Laghu Upaj Sangh VR Khare, Chief Wildlife Warden HS Pabla, Rajiv Kumar of National Law Institute University, senior officers of judiciary from various districts and large number of Forest Department officers.
Elaborating on the issue, Justice Dharmadhikari said, “In the garb of illegal felling of trees untrained forest officials open fire on forest criminals. In this connection, the Doctrine of Proportionate Punishment should be adopted. The incidents of encounters with forest criminals should also be investigated through judicial magistrates,” adding that tribal people know well how to protect forest and wildlife in a better way. Forest officials should seek the help of tribals for forest conservation.
Citing example of Lanji village of Balaghat district, he said that in this Maoist-infested village, Naxalites seek villagers' help against police and district administration, while the police want their assistance against the same. Caught between Maoist and police, the villagers have started to migrate to other places. In such a situation, local administration and police should protect the lives and livelihoods of villagers.
Stressing the need of ecological conservation in wake of global warming, Justice Dharmadhikari said that there is need to increase green cover in the State.
Buch said that the experience so far has proved that forests can be looked after in a better way through community management. He stressed the need for constant dialogue between human rights activists and police and forest officers. He said that while disposing of cases related to forest crimes officers should give more though to practicability with observance of law.
Speaking on the occasion, Shukla said that due to low standard of prosecution large numbers of forest criminals go unpunished. He advised that the Forest department to raise a home battalion for protecting forests. Use of firearms by untrained forest personnel should be curbed as far as possible since they can be involved in legal tangles.
Ved Prakash Sharma of National Judicial Academy, Bhopal said that humanitarian aspect should be kept in mind while deciding cases of forest crimes. He called for increasing effectiveness of investigating forest crimes and arrest of forest criminals. He said that the figure of punishment in forest crimes would rise with constant dialogue between officials of judiciary and forest department.
VR Khare said, joint efforts of judicial and forest officials in getting forest criminals arrested will help in forest conservation. At the outset, principal chief conservator, Forests, PB Gangopadhyay threw light on the objectives of the convention that concluded with a technical session between judicial and forest officers.
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