The National Green Tribunal (NGT), a specialized body for environmental protection and conservation, has mandated the removal of all encroachments on Gujarat’s Banni grasslands within six months. However, the Maldharis (Pastoralists) will retain the right to conserve community forests in the area as outlined by the Forest Rights Act (FRA) of 2006.
About the National Green Tribunal
Set up under the National Green Tribunal Act of 2010, the NGT is committed to effectively and swiftly resolving cases related to environmental protection and the conservation of forests and other natural resources. The tribunal is obligated to close applications or appeals within six months of submission. The NGT convenes in five locations – New Delhi, its primary hub, along with Bhopal, Pune, Kolkata, and Chennai. Besides hearing original jurisdiction cases upon application submission, the NGT also possesses appellate jurisdiction, operating as a Court (Tribunal).
Key Facts about Banni Grassland
Banni, situated near the Great Rann of Kutch in Gujarat, is Asia’s largest grassland. Covering a wide area of approximately 2,618 kilometers, it makes up nearly 45% of Gujarat’s pastures. The ecosystem comprises two intertwined habitats: wetlands and grasslands. The sparse vegetation in Banni depends heavily upon rainfall and traditionally, the grasslands were managed through a rotational grazing system. The region thrives with various forms of life, boasting 192 species of plants, 262 bird types, along with numerous mammals, reptiles, and amphibians.
In 1955, the court classified Banni as a reserve forest, placing restrictions on its use. More recently, in 2019, the tribunal dictated the boundary demarcation of Banni grassland, limiting non-forest activities. The Wildlife Institute of India (WII) identifies this reserve as one of India’s final cheetah habitats and a potential site for species reintroduction.
The Maldharis Community
The Maldharis, a tribal herdsmen community originally nomadic, reside in Banni. They became known as Maldharis after settling in Junagarh, typically in the Gir Forest. The term ‘Maldhari’ translates to ‘keeper of the animal stock’, reflecting their livelihood of tending to animals such as sheep, goats, cows, buffalo, and camels. The Gir Forest National Park hosts approximately 8,400 Maldharis.
Provisions of the Forest Rights Act 2006
Under the Act, forest dwellers, such as the Maldharis, cannot be displaced until rights settlement procedures are finalized. This legislation also includes provisions for ‘Critical Wildlife Habitats (CWH)’ to conserve species. It bolsters forest conservation whilst safeguarding the livelihood and food security of the Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD).
The Act outlines four rights: Title rights, which grant FDST and OTFD ownership to cultivated land up to a maximum of 4 hectares; Use rights, extending to the extraction of Minor Forest Produce, usage of grazing areas, etc.; Relief and development rights, which establish provisions for rehabilitation following illegal eviction or forced displacement and basic amenities while still maintaining forest protection rules; and Forest management rights, allowing for the protection, regeneration or management of any community forest resource traditionally protected by these groups.
