A Criticque of the Central Empowered Committee
Excerpts from the "Update Collective" dated January 01, 2004
From CED file no. E 23 a


The Composition of CEC and the activities carried out by the Committe subsequent to its formation have evoked sharp response among the forest communities, sturuggle groups and many a NGOs.  Far from being a Committee to carry out independent investigations and  providing suitable relief to the complainants affected by the arbritary steps taken by the State Governments and Forest Department, the CEC, from the day one has trained its guns on the poor and helpless forest dependent communities while compromising on the violations of the industries and commercial interests.

First of all, the composition of the Committee betrays its independent character.   CEC is loaded with forest department bureaucrats, wildlifers and conservationists.  There is no representation from the Adivasis, forest communities or even the ministries of Tribal affairs and social justice or the national commission on schedule castes and schedule tribes. 

The CEC, today, behaves like an extra-judicial authority and has become omnipotent by its functions, going far beyond its brief and powers conferred by the Supreme Court. The CEC has given eviction orders to the fishermen of Jambudwip, banned fishing in coastal Orissa and pressurised the Kerala Government to evict the adivasis who took refuge in the Wayanad Sanctuary,  resulting in a massacre. Since July 2003, it is virtually sitting quiet on a vital issue of the land rights of ten million adivasis while the forest departments continue with their mayhem in various states. On the other hand, the CEC has allowed
BHEL to erect transmission towers and power lines in the llajaji National Park, digging of trenches by BSNL within the Mt. Abu wildlife sanctuary for its optical fibre project and did a volte face in modifying its own report on destructive mining in
the Aravalli Hills.

Excerpts from CEC's report on Jambudwip are  illustrative of its misdeeds, arbitrary functioning, and highhandedness.

The CEC report dated December 20, 2002 says: "An Application dated 21-11-2002 has been filed before the Committee by the Executive Director of Wildlife Protection Society of India Ms. Belinda Wright raising the issue about encroachment and
destruction of mangrove forests in Jambudwip Island in Sunderbans region. {Complaint I grievance not filed by the fishermen affected by the actions of the State/forest department in purported compliance with the Supreme Court's orders)

In view of the allegation of illegal occupation / encroachment by the fishermen in the Reserved Forest - Island and to ensure that the Hon'ble Supreme Court's order dated 12-12-1996 are not violated, a team of the Central Empowered Committee headed by Chairman Shri P. V. Jayakrishnan, Shri Mahendra Vyas, Member and Shri Siddharth Chowdhury, Advocate and representative of learned Amicus Curiae Shri Harish Salve visited Jambudwip Island on 3rd December to get a first hand account of the  incident."(parenthesis ours)

The report concludes with certain observations:

"The Committee hereby directs the State of West Bengal to take all necessary steps to remove all traces of encroachment on Jambudwip Island by 31 st March 2003. This would include remains of old hutments removal of all exotic trees and cultivars etc.

The Committee further directs the State of West Bengal to make required funds available to the Forest Department for rehabilitation of the damage caused to the mangrove forest and also the seedlings which were uprooted by the agitating fishermen.

The Committee expresses serious concern about the security of the Jambudwip Island. Being remotely located and not far from the Bangladesh border, the area is prone to incursions by aliens illegal migrants from Bangladesh smuggling of drugs and arms and other contraband items reports of illegal fishing by trawlers from countries such as Thailand and other countries through what is aptly described as "Unofficial Gateway to India". The problem is compounded by remoteness of the Island where District Administration and the  Forest Department due to resource constraints and shortage of staff have not been able to check of people's movement in this area. In view of the Security concern and sensitivity of the area it is desirable that any proposal for non-forest use under the F.C. Act should be considered only after it is cleared by the Ministry of Home Affairs as well as the Ministry of External Affairs."

The fishworkers of Jambudwip are struggling for the last two years. Starting with a month-long anchor- in around Jambudwip in November 2002, they held a massive public meeting in Kakdwip, West-Bengal, on November 21, 2003, on the World Fisheries Day.

The forest dependent communities in various other-parts of India are also mobilizing themselves against their eviction. The momentum gathered with the public hearing against eviction in Delhi on 19-20 July, 2003 organised by several organisations under the banner "Campaign for Survival and Dignity". This was followed up by meetings in Nagpur, Delhi and Surat. In the States of Maharashtra, Gujarat, Rajasthan, Tamil Nadu and Orissa thousands of claims are being filed for rights to land before the District Collectors. On the other  hand, hearings on the petitions filed before the Supreme Court against eviction orders by the MoEF and CEC are also continuing.