On the knees to nature

The famous rat temple near Bikaner is just one of the several instances of a conservation practice common to Rajasthan

VISIT MATA Karni Devi Temple at Deshnoke village near Bikaner and you won't be surprised by the rats scurrying freely in the shrine's precincts. Travel shows, including those on Discovery and National Geographic channels, have already covered the uniqueness extensively. The rodents, regarded as reincarnations of the goddess’s devotees, underscore the divine relationship we share with other living beings. However, a much deeper relation with nature is evident on the 2,100 hectare woodland near the temple which is regarded sacred. Called 'Oran' or 'Devbani' in local parlance, it is one of the several sacred groves spread over 1 lakh hectare of Rajasthan which are protected by the local communities.

Orans are dedicated to one or more deities worshipped by the community and this ancient tradition of incorporating sacred with common benefits played a vital role in sustaining the pastoral culture and economy in the state. At Deshnoke, villagers are following the orders of Mata Karni Devi. Thousands of jhadberis (shrubs bearing berries) dot the area as cattle of the whole village graze freely. “The goddess had special affection for cows and this town was established by her. Nobody was allowed to till this land and it has since been preserved for grazing of livestock,” says Giriraj Singh Barath, the head of Karni Mata Trust, which manages the Oran. Hunting of animals, cutting of trees and even beating a bush to collect the berries are prohibited. Only wood for the purpose of cremation can be sourced from the Oran.

According to a legend, when some trees had to be cut for laying down a railway line through the Oran, the erstwhile ruler of Bikaner paid Rs 100 per tree into the temple account as compensation. As many as eight guards have been employed by the Trust to check any violation of this code of conduct. Since the Trust runs through donations at the temple, community participation is absolute. The sacred status of Orans also keeps it virtually free of encroachments. “The fear of divine repercussions is very strong. Also, the local community keeps a strong vigil and Oran is one biodiversity resource which is never neglected,” says Manohar Lal Sharma, who runs a tea stall near the temple.

With the town population growing to 30,000, a need to maximise the benefits from Oran has been felt. Around 500 hectare of area was enclosed two years ago and seeds of sevan grass were sown which is now ready for consumption of cattle. There is a plan to develop rest of the area on similar lines. A tubewell has also been set up to provide drinking water to cattle. During the annual fair of 'Navratras', thousands of pilgrims from far and wide visit the town and a parikarma of the whole 36 km perimeter of the Oran is undertaken. “It is believed that conducting this parikarma is equivalent to pilgrimage of Badrinath dham,” informs Barath.

Reverence over superstition

Unlike Deshnoke, the 100 hectare Oran at Hema village in Jaisalmer district is not managed by any organisation. Dedicated to goddess Jiya Desar, a small unpretentious temple sits on the embankment of a beautiful pond overlooking the whole expanse. Several native trees including ber, khejri and jhaal grow undisturbed as the locals feel cutting them invites wrath of the goddess. In the official records, the Oran at Hema village is classified as revenue wasteland and hence the administration allotted a piece of this land to a landless farmer a few years ago. However, the allottee gave an undertaking that he would like to donate this land in the name of the deity because cultivating it would have meant cutting of trees.
“One of the tales famous here is of a farmer who cut the trees here to make a plough 20 years ago. Soon, his family members started getting ill. He had to return the wood and seek mercy at the temple,” says Chattar Singh, who has been working with the local communities to revive traditional water harvesting methods. Though technologically-advanced would scoff at it as another tale of superstition, reverence more than fear makes the Orans in Rajasthan successful. And this reverence is not illogical. “In these sacred groves all over the State, you notice the abundance of native trees. These traditional species are worshipped all over Rajasthan since besides their various dietary benefits, they can withstand wild temperature extremes of the desert and hence are lifeline of the area,” says Jagdish Purohit of the Society for Promotion of Wastelands Development.

The most revered of these trees is Khejri (Prosopis cineraria), a frost-resistant, drought-resistant species which can withstand wild temperature extremes and arid conditions of the region. It is a nitrogen fixer, thus improving soil quality for other plants. With a taproot that can extend more than 100 feet deep and an extensive root mass, the tree also helps stabilise the sandy desert soil and shifting sand dunes. In addition, it generates highly nutritive fodder for the livestock while its bark, pods and leaves are also used to prepare traditional medicines. This is the reason why local communities still narrate the sacrifice made by Amrita Devi and over 350 others at Jalnadi village (now Khejarli) of Jodhpur. The year was 1730 when the Maharaja of Jodhpur wanted to build a new palace and required wood for it. When his men came to Jalnadi to fell Khejri trees, Amrita Devi rushed out and hugged the first tree. She was killed on the spot but her death motivated others to prevent the felling of trees. More than 350 lost their lives in a single day. When the king heard of this, he apologised and banned cutting of a Khejri tree.
That faith strengthens community is well known but its role in nature conservation gets more evident as one visits these Orans or Devbanis.

Paint it saffron

Driving down the hilly roads of Jharol block in Udaipur district, Rajasthan, chances are you will miss Upli Sigri. Surrounded by dense forest, it is a small village with 185 tribal families spread sporadically around the hills. This nondescript village, however, draws a lot of unwanted attention because of its rich teak wood forest spread over 60 hectare. A 10 feet log of teak can fetch maximum of Rs 1,200, a handsome amount for the locals who are mostly engaged in small scale farming and livestock rearing. This is why protection of forest is a big issue here and the one which has led to several conflicts.
“At one time, the forest was very dense but with increase in population and access to big markets in Udaipur and Ahmedabad, there was indiscriminate cutting of trees. Outsiders stripped the forest of its big trees with support from a few local villagers over the years. This also resulted in decline in fodder production and we were forced to spare our own farmlands to grow fodder grass or procure it from the market,” recalls a villager, Arjun Lal. Though the villagers tried to put up a united front against the cutting of trees, it always led to confrontations with outsiders. “In response to our opposition, residents of nearby Phalasia village banned our entry in their market, which is the only commercial centre of the area. We also had violent disputes with the residents of neighbouring Patia village,” informs Lal, who led a team of youngsters to stop felling of trees.

In 2002, when the villagers learned about the work being done by a non-profit organisation Foundation of Ecological Security (FES) in a neighbouring village, they saw a ray of hope. FES provided the technical support to villagers who approached the forest department for protection of the area under Joint Forest Management (JFM). Under JFM, village communities are entrusted with the protection and management of nearby forests. The areas concerned are usually degraded or deforested. A Village Forest Protection and Management Committee (VFPMC) was formed and the area was enclosed by a boundary wall. Entry of animals for open grazing was banned to ensure growth of saplings into trees. Villagers were allowed to cut the fodder by paying a nominal annual fee. Over the years, the forest regenerated itself due to complete ban on felling of trees, fresh plantations and water conservation through check dams and trenches. However, this improvement only led to the return of timber mafia.

Fearing the replay of past events, villagers started experimenting with various forms of protection.
“Firstly, rotational security system was implemented according to which all the families were involved in protection on turn basis. Popularly known as 'laathi system', a man goes to the forest with a laathi (stick) to check any intrusion. In the evening, he passes on the stick to the person who is meant to go the next day. However, there were a few families who were not willing to perform their duty and hence this arrangement had to be abandoned in favour of a forest guard,” explains Arvind  Baghora, a resident of Upli Sigri. The payment of forest guard was decided to be in kind with each family giving him five pullas (a bundle weighing 2-3 kg) of fodder grass but this system also did not work. Finally, the payment was made in cash from the fee collected for cutting of fodder.

However, despite the deployment of a guard, the illegal cutting of trees went on covertly. Another round of deliberations followed and the senior residents of the village offered a solution everybody knew would resolve the problem once and for all. A special prayer was held at nearby temple of Kesariya jee, a local deity revered by all tribes of the region. The villagers vowed that they won't cut the trees for next five years and kesar (saffron) from the temple was then scattered in the forest area symbolising divine protection. “It is believed that if somebody cuts a tree after such a ceremony, he suffers an immediate loss,” Arjun Lal informs. Such has been the impact of this step that for last two years, there has been no tree felling in the area. The relationship of villagers with neighbours has also improved since there is no confrontation over the forest now.

The guard has been relieved of his services and open grazing has been allowed in the area. “The trees have grown so dense that sunlight is unable reach the ground resulting in reduction of fodder grass. This is why, we have allowed open grazing. After the passage of five years, we may allow cutting of trees for personal use like construction of house in the village. But this will only be done after proper assessment of a person's need by the VFPMC,” Bhagora says. For now, Upli Sigri has turned into a perfect example of environment protection in context of traditional and cultural norms instead of just going by a rulebook dictated by the state.

This story was first published on GOI Monitor

India’s targeted transparency activists fight back

Mangla Ram at his home in Bamnor village. 

Mangla Ram walks slowly and stiffly thanks to the steel rods inserted in his limbs. A daily wage laborer until a year and half ago, he remains at home meeting occasional visitors. “My body is yet to regain its full strength. I am not sure if it ever will,” he said matter-of-factly. Mangla Ram, 34, personifies India’s struggle for transparency and accountability in governance. That he is in a traumatized state today also reflects the challenges faced by those who are spearheading this struggle. 

A resident of Bamnor village, located in India’s famous tourist state of Rajasthan, Mangla Ram’s story has traveled far and wide. On March 3, 2011, he was brutally beaten up after seeking information about development projects done in the village by using India’s transparency law, the Right To Information (RTI) Act 2005. Mangla Ram accused the sarpanch — an elected village representative — and his supporters for the attack since his efforts had revealed misappropriation of funds by them.

Though a report was duly registered by the police, no arrest was made of the sarpanch, supposedly due to his considerable political and religious clout. A special investigation by a team of government officials into the development projects done in the village found glaring wrongdoings and unaccounted money amounting to Rs 361,750 (US$ 6,554). In response, the Principal Secretary — one of the top government officials in this case —  passed orders to recover the unaccounted money and begin disciplinary proceedings against those found guilty, but no action has been taken yet. Regarding the attack, the police are still not ready to believe that the sarpanch was involved. “It was Mangla Ram who used filthy language against the sarpanch, whose supporters beat him up,” Santosh Chalke, the then-Superintendent of Police in Barmer, told me in an interview.

Mangla Ram’s story is not unique. That the present security set up has been found wanting when it comes to the protection of information seekers is evident from the fact that around a dozen cases of murder and several assaults against those seeking to use the RTI have been reported in the country since 2007. Accusations of blackmail and the registration of false cases are also routinely employed by vested interests to harass RTI users. Those living in rural areas, like Mangla Ram, are easier targets due to the close physical proximity to the accused and their remoteness from police, media and civil society groups.

So what are the various stakeholders involved in the transparency movement doing? The Central Information Commission (CIC), the highest appellate authority under the RTI Act, passed a resolution on September 13, 2011, that established the first institutional framework to provide protection to RTI applicants. According to the resolution, if the commission receives a complaint regarding an assault on or murder of an information-seeker, it will examine the pending RTI applications of the victim and order the departments to publish the requested information on their websites. The commission also resolved that it will take proactive steps to ascertain the status of investigations and prosecution of cases involving information-seekers and work to have these processes expedited. However, there has not been a single case for which this provision has been invoked.

The courts have also passed several orders directing governments to ensure protection for RTI users. On May 7, 2010, while hearing the murder case of RTI activist Satish Shetty, the Bombay High Court ordered the Maharashtra state government to immediately provide police protection to any person or organization that complains about the threat of the use of force or has been attacked for filing applications under the RTI Act. The High Court also directed the state government to set up provisions for the speedy investigation of cases of threats or attacks against activists and the creation of a monitoring system and a database of activists to aid in their protection, within 90 days. However, the order has not been implemented yet.

The states of Punjab and Haryana have come up with respective protection policies for RTI users after Advocate H. C. Arora moved a public interest litigation in the court.

Community action

RTI Anonymous, a group of citizens working through Get Up for Change, has been protecting RTI users by helping them file proxy applications that offer anonymity and the benefit of distance from the issue at hand.

Anybody willing to procure information from any public authority can submit an online request to RTI Anonymous, with his set of questions and details of the department from which the information needs to be sought. A volunteer expert helps draft the application which can then be submitted to the public authority by a volunteer based in India. The volunteers are generally based in cities distant from the location of the authority they are seeking information on so that the likelihood or gravity of possible threats that they may face is reduced. Once a reply is received, the documents are uploaded on the website which can then be downloaded by the original requester. The information is also made publicly available on the website, which helps decrease the level of threat since anybody can access the formerly concealed information. Though the group does receive requests through the mail, most of the people that seek RTI Anonymous’s help use their online platform. Its reach is limited, however, since Internet penetration in India is just 10 percent. Moreover, because of this limitation, their services are not really reaching those who need it the most: India’s rural and poor.

On this front, efforts of the Mahiti Adhikar Gujarat Pahel (MAGP) seems to fill the gap, even if only in a limited geographical area of Gujarat. MAGP has been running an RTI helpline since May 12, 2006, which gets around 1,400 calls per month. The helpline’s popularity has spread beyond the geographical boundaries of Gujarat state, which has recorded two of the most brazen fatal attacks, with calls also being registered from the states of Uttar Pradesh, Bihar, Chattisgarh, Rajasthan and Madhya Pradesh. Besides offering guidance about procedures to access information under the RTI Act, the helpline also assists those RTI users who face victimization from vested interests.

The helpline follows a set of procedure not only to verify the authenticity of the caller but also to ensure quick action by the security agencies. “Adequate caution is taken and the caller is asked to file a complaint with the local police station as soon as possible,” explains Pankti Jog, who manages the helpline. “His complaint is also recorded over the phone and a letter from MAGP is faxed to the local police station and higher administrative officers of the area. In addition, we try to contact these officials over the telephone seeking immediate protection for the user.”

The State Information Commission is also actively involved in building pressure on the authorities. In fact, in some emergency cases, the commission is approached immediately after a call is received for swift action. A good case in point is that of Michael Martin and Bhanu Parmar. While they were inspecting records and the supply of medicines at a primary health center — after getting permission under the RTI Act — they had to lock themselves in a room to avoid assault by an angry mob. From the room, they called upon the area Deputy Superintendent of Police (DSP), but after not receiving a positive response, got in touch with the MAGP helpline. The helpline staff recorded, transcribed and forwarded their complaint to the State Information Commission. The staff also called upon the area DSP and local police officers. After an hour, a police team arrived and the inspection was completed under police protection. Based on the written complaint of Martin and Parmar, three people from the clinic, including the medical officer were arrested. The case of corruption against the medical officer is pending with the state health commission.

Bhadresh Vamja ensured regular ration in his village. 

Another case is that of Bhadresh Vamja, a 19-year-old college student, who also got MAGP’s assistance after a shopkeeper threatened him. Vamja was investigating the lack of food through the public distribution system (PDS) — an Indian food security system under which the government provides subsidized food grains, sugar and kerosene to citizens — in his village which had led to inquiry by higher authorities. Despite family pressure to withdraw the complaint after being threatened, the teenager contacted MAGP’s helpline. “My complaint was recorded and faxed to the area DSP’s office, who was also contacted over the phone. Late in the evening of the same day, I got a call from the person in charge of the nearby police station offering protection,” said Vamja. The shopkeeper was also called to the police station and put in writing that he would not threaten Vamja again. Subsequent action by MAGP led to the state’s Food, Civil Supplies and Consumer Affairs Department directing all the fair price shop licensees to proactively disclose ration supply information. “We believe proactive disclosure under which government itself releases the information related to public works can go a long way in ensuring safety of citizens. Since the data will be freely available, nobody would need to file RTI applications and face subsequent threats,” said Harinesh Pandya, a member trustee of MAGP. “The RTI Act has a provision for proactive disclosures but it’s not being properly followed.”

Informal community groups have also acted as a deterrent against threats to RTI users. For example, Babu Ram Chauhan, a school teacher in the Ramgarh village in Rajasthan, took on a financially powerful lobby, but when the threats came he had plenty of community support to ward off any opposition.

Baburam Chauhan showing RTI documents. 

Chauhan’s village is the last settlement where the water from Indira Gandhi Nahar Pariyojana, one of the biggest canal projects in India, is used to irrigate fields and bring greenery to the desert area. The land around the canal is allocated to landless farmers at subsidized rates. However, the land mafia has gained a foothold in the area, which has led to many deserving farmers not being awarded their titles. Chauhan has been using the RTI Act to get the illegal occupations or encroachments removed and he involved the community in his work from the very first day. Around 200 villagers awaiting land allotment contributed money to support Chauhan’s effort. He also trained them in how to file RTI applications and scrutinize the details.

The offenders felt threatened and tried to thwart the movement by complaining to the administrative officials, accusing Chauhan of being a spy helping neighboring Pakistan procure maps of the canal area through the RTI Act. The allegations were found to be baseless. During these inquiries, villagers came out in full support of Chauhan. The movement was further strengthened in July 2010 when 30 villagers were allotted land based on information accessed using the RTI Act.

Disappointed by the failure of their plan, the land mafia started threatening Chauhan with dire consequences if he went ahead with his work against the illegal occupation of land. Chauhan acted promptly and submitted an application to the Superintendent of Police seeking “on-call security” from the administration. In the application, he named the prime suspect who was asked to sign a statement that he and his supporters would not harm Chauhan. Due to his consistent efforts, the Colonization Commissioner has now accepted the fact that 17,380 hectares of land is vacant and that eligible applicants have not been given their due share.

“The transparency movement in India was initiated by daily wage laborers, who wanted records about their work to be made public. These are the people living on the margins of our society,” said Kamal Tak of Mazdoor Kisan Shakti Sangathan, a nonprofit which first called for transparency legislation in the 1990s. “In that sense, it’s a law which emerged from the grassroots and that’s where we need to look to solve present-day issues. Civil society groups, courts and administration need to chip in but they will never be able to provide as quick, strong and long-term a support as the local community can.”

This write up was first published at Waging Nonviolence