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Protected Area Network in Orissa - Vasundhara

Protected Area Network in Orissa - Vasundhara

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(<strong>in</strong>clud<strong>in</strong>g those that may be neutral <strong>in</strong> their impact), by committ<strong>in</strong>g stategovernments to provide alternatives for all rights as soon as <strong>in</strong>tention wasdeclared to notify a sanctuary, and by prohibit<strong>in</strong>g any commercial activity.• The order of Supreme Court dated 14.02.2000 <strong>in</strong> I.A 548 <strong>in</strong> W.P 202 of 1995further restricted the access over the resources by impos<strong>in</strong>g a ban even on thecollection of NTFP. Such a blanket order of the Supreme Court has led to theloss of traditional livelihood and large scale hardship is be<strong>in</strong>g faced by theforest dwell<strong>in</strong>g communities <strong>in</strong>clud<strong>in</strong>g tribals resid<strong>in</strong>g with<strong>in</strong> the <strong>Protected</strong><strong>Area</strong>s. The order has led to the closure of KL phadis <strong>in</strong>side many <strong>Protected</strong><strong>Area</strong>s, which has adversely affected the livelihoods of the local people. Bambooharvest<strong>in</strong>g has also been stopped. Stopp<strong>in</strong>g of bamboo cutt<strong>in</strong>g will not onlyadversely affect the growth of the new culms due to over congestion ultimatelylead<strong>in</strong>g to the death of the forest but it has also snatched away means oflivelihood for thousands of people. Without carry<strong>in</strong>g out any research on theimpact of the NTFP collection with<strong>in</strong> the Pas, on what basis can such laws andorders be implemented?• The Hon’ble Supreme Court <strong>in</strong> Pradeep Kishen vs State of Madhya Pradeshcase has emphasized the need to protect the forest as well as the livelihood ofthe communities dependent on such forests. In the <strong>in</strong>stant case, the Hon’bleSupreme Court upheld the order of issued by the state of Madhya Pradeshpermitt<strong>in</strong>g collection of Tendu leaves from the sanctuaries and National Parksby the villagers liv<strong>in</strong>g <strong>in</strong> and around the sanctuaries and the national parks, <strong>in</strong>view of the fact that s<strong>in</strong>ce f<strong>in</strong>al notification under Section 26 A and 35 is yet tobe issued as rights are yet to be settled. The Hon’ble Court held that the StateGovt. (M.P) was not <strong>in</strong> the position to bar the entry of the villagers liv<strong>in</strong>g <strong>in</strong>and around the sanctuaries and national parks so long as their rights were notacquired and f<strong>in</strong>al notification is issued. If the state of Madhya Pradesh canmove to the court with its plea and succeed <strong>in</strong> gett<strong>in</strong>g a positive response fromthe Hon’ble Court, then why has such an action not been <strong>in</strong>itiated by the <strong>Orissa</strong>State Govt. till now?• Non- recognition of the customary uses. Most of the customary uses of the local<strong>in</strong>habitants on forests (<strong>in</strong>clud<strong>in</strong>g other natural resources like water) have not141

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