Why is it in the News?

Ahead of Assembly elections in Chhattisgarh, the Baiga Particularly Vulnerable Tribal Group (PVTG) recently became the second to get habitat rights in the state, after the Kamar PVTG.

Context:

• Chhattisgarh has granted habitat rights to the Baiga Particularly Vulnerable Tribal Group (PVTG), marking them as the second PVTG to receive such rights in the state, following the Kamar PVTG.
• This development affects seven PVTGs residing across 17 districts in Chhattisgarh, namely Kamar, Baiga, Pahadi Korba, Abujhmadiya, Birhor, Pando, and Bhujia.
• Specifically, 19 Baiga villages, home to 6,483 individuals across 2,085 families, have been granted these habitat rights.

About the Baiga Tribe:

• The Baiga Tribe stands among the Particularly Vulnerable Tribal Groups (PVTGs) and is distributed across Chhattisgarh, Jharkhand, Bihar, Odisha, West Bengal, Madhya Pradesh, and Uttar Pradesh.
• Traditionally, the Baiga led a semi-nomadic lifestyle and engaged in slash-and-burn cultivation.
• Presently, their livelihood primarily hinges on minor forest produce.
• Their agricultural practices include a form of shifting cultivation known as "Bewar."
• Notably, ‘Mahua’ holds significance in Baiga cuisine and beverages, as it is an intoxicant derived from fermenting and distilling the flowers of the Mahua tree.
• Tattooing plays a pivotal role in Baiga culture, with specific tattoos designated for different ages and body parts, reflecting the cultural richness and diversity of the community.

What are Habitat Rights?

• Habitat rights recognition entails granting a community authority over their customary habitation territory, encompassing socio-cultural practices, economic and livelihood activities, intellectual knowledge of biodiversity and ecology, and traditional wisdom in utilizing natural resources.
• These rights also encompass protecting and conserving both natural and cultural heritage.
• Recognising habitat rights serves to safeguard and enhance traditional livelihoods and ecological knowledge that have been transmitted through generations.
• Additionally, it facilitates the integration of diverse government schemes and initiatives from various departments, empowering Particularly Vulnerable Tribal Groups (PVTGs) to foster the development of their habitats.

What Does ‘Habitat’ Mean?

• According to Section 2(h) of the Forest Rights Act (FRA), “Habitat includes the area comprising the customary habitat and such other habitats in reserved forests and protected forests of primitive tribal groups and pre-agricultural communities and other forest dwelling Scheduled Tribes.

Under What Law Are Such Rights Granted?

• Habitat rights are given to PVTGs under section 3(1) (e) of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• It is also known as the Forest Rights Act (FRA).

The Forest Rights Act of 2006

• The Forest Rights Act of 2006, also referred to as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, stands as a significant legal milestone in India.
• Its primary purpose is to acknowledge and confer forest rights, including the occupation of forest land, to forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers.
• This legislation is designed to address historical injustices inflicted upon these communities and to duly recognize their contributions to forest conservation.

How Does the Government Fix a Habitat?

• The procedure is based on a detailed guideline given for this purpose in 2014 by the Ministry of Tribal Affairs (MoTA).
• Based on the MoTA guidelines, the traditional tribal leaders of the tribe are consulted about the extent of their culture, traditions, and occupation.
• It is corroborated by the government and then a habitat is declared.

How Many States Have Recognised Habitat Rights?

• Out of 75 PVTGs in India, only three have habitat rights.
• The Bharia PVTG in Madhya Pradesh was the first, followed by the Kamar tribe and now the Baiga tribe in Chhattisgarh.

Significance of Granting Habitat Rights:

• Preservation of Cultural and Heritage Richness: The granting of habitat rights plays a pivotal role in safeguarding the distinctive cultural, social, and traditional heritage of tribal communities.
• This recognition enables them to uphold their unique languages, rituals, customs, and traditional knowledge systems.
• Conservation of Biodiversity: Tribal communities possess unique knowledge about their local ecosystems, flora, fauna, and sustainable resource management.
• Recognition of their rights plays a vital role in preserving biodiversity and facilitating the sustainable management of natural resources.
• Fostering Sustainable Development: By acknowledging the rights of tribal communities, governments can foster sustainable development.
• Indigenous practices often prioritize sustainability and conservation, crucial for environmental well-being and the overall prosperity of society.
• Empowerment and Advancement of Social Justice: Bestowing habitat rights empowers tribal communities through legal recognition, ensuring their active participation in decision-making processes that impact their lives.
• This rectification of historical injustices contributes to the establishment of a more equitable and just society.
• Safeguarding Livelihoods: Many tribal communities rely on their natural surroundings for sustenance.
• Granting rights to lands and resources ensures the continuity of their traditional occupations such as hunting, gathering, fishing, and farming, thereby supporting their economic well-being.

Can Habitat Rights be Used to Stop Activities Like Mining?

• The habitat rights will help the PVTG protect their habitat from developmental activities harmful to them.
• The title may not be an ownership title in the nature of a private property owner, but consent and consultation of the gram sabha will be needed for any developmental activity.
• Forest Rights have legal protection under the Forest Conservation Act, the Land Acquisition Law of 2013, and even the SC/ST Prevention of Atrocities. Act.
• The grant of habitat rights under the Forest Rights Act provides an additional layer of legal protection.
• If any kind of development activity is hampering their habitat rights, the tribal group concerned can take up the matter with the administration under the Forest Rights Act, and if not resolved, the matter can be taken to court.

What is a Particularly Vulnerable Tribal Group (PVTG)?

• According to the Ministry of tribal affairs, tribal communities that are technologically backward, have stagnant or declining population growth, extremely low levels of literacy, and a subsistence level of economy are declared as PVTG.
• PVTGs have low health indices and largely reside in isolated, remote, and difficult areas in small and scattered hamlets/habitats.
• The ministry has identified 75 PVGTs in 18 states and one Union Territory.
• In 2019, the MoTA started a scheme for their protection and improvement in terms of social indicators like livelihood, health, nutrition and education to decrease their vulnerability.

Government Initiatives for Particularly Vulnerable Tribal Groups (PVTGs):

• The Ministry of Tribal Affairs administers a program titled 'Development of Particularly Vulnerable Tribal Groups (PVTGs),' which operates as a Centrally Sponsored Scheme with 100% Central assistance extended to 18 states and the Union Territory of Andaman & Nicobar Islands.
• The primary objective of this initiative is to foster the comprehensive socio-economic development of PVTGs while preserving their rich cultural heritage.
• Under the Development of PVTGs scheme, State Governments execute projects tailored to address key sectors such as education, health, and livelihood, with the overarching goal of ensuring the holistic well-being of PVTG communities.