TN tribals in a fix over cattle grazing ban in reserved sanctuaries

Tamil Nadu tribals are in a big fix as the Union Ministry of Environment, Forests and Climate Change has just made significant changes in the Forest Conservation Rules, diluting tribal rights. But, a recent order by the Madras High Court will now rob them of their livelihood.

The court order, which was issued in March 2022, bans cattle grazing in the tiger reserves, sanctuaries and national parks. While hearing a public interest litigation on banning cattle grazing in the Megamalai wildlife division and sanctuary in Theni district, the Madurai bench of the Madras High Court said that the forest authorities are directed not to allow any domesticated cattle to venture into the forest area for grazing. This is applicable for all the forest areas in Tamil Nadu.

The court observed that the Megamalai Reserve Forest is now notified as a tiger reserve and that the tiger is classified as an endangered species.

It  added: “Article 21 of the Constitution of India not only protects human rights but also protects and preserves other species, as they also have equal right to exist on the earth like us. That apart, conservation and protection of the environment is an inseparable part of the right to life. We humans should safeguard the endangered species as they also have the right to life on the earth like human beings. The human approach should be eco centric and the human interest cannot take any precedence over the other species living on the earth. The state being the custodian of natural resources, had a duty to maintain them”.

Uproar among tribals

The order created an uproar among the tribals across the state, whose livelihood mainly depend on Malaimaadu, which is claimed to be an indigenous cattle breed. They have been traditionally grazing in the forest areas from time immemorial. Moreover, forest rights activists fear that the court’s order now may be used by the Union government to justify its amendments.

Many tribal groups and cattle breeders staged protests against the court’s order.

Following the protests, the court through its amicus curiae modified its order stating that the authorities are directed not to allow any domesticated cattle to venture into the tiger reserves, sanctuaries and national parks. They can however graze in reserved forest area since under Section 16 of the Tamil Nadu Forest Act, some rights, which include cattle grazing, have been recognised by the authorities and those rights cannot be taken away.

Also read: Sterlite slag disposal: TN says company dumps 8 lakh tonnes of waste every year

“So far, as the reserve forest and other forest areas are concerned, if any state enables the authorities to permit domesticated cattle grazing inside the forest, the concerned authority can grant permission in accordance with law. However, before granting such permission, authorities shall take into consideration the interest of the forest, wildlife as well as other environmental issues”, the court said.

‘Traditional source of income’

The tribal groups in the state consider Malaimaadu as an Indian species, which is commonly found in districts such as Theni, Madurai, Sivagangai, Tirupattur, Namakkal, Erode and Nilgiris. They are also considered as endangered.

Senthil, a Madurai cattle-breeder, told The Federal: “This cattle breed is not domesticated and allowed to roam freely to graze. It is mainly bred for their dung, which can be used as manure in agriculture. They are also reared to participate in traditional sports such as manjuvirattu (a game like Jallikattu) and ‘rekla’ race, where the bulls are yoked to makeshift carts. Even though this cattle gives little milk, it is highly nutritious for children and patients.”

Senthil owns around 100 bulls, which gives him a regular source of income. The revenue may be low, however, as compared to cattle-breeders who grow normal cows and bulls.

Reared by communities like Yadavar, and some nomadic tribes, they  are usually sent to forests for grazing during the monsoon and in the off-season. They are let into the fallow lands after the paddy harvest for grazing and penning (the practice of camping the cattle in an enclosure in the farm lands).

“In the past, this cattle used to be taken inside the forests for three to six months for grazing. Earlier, we had cattle in lakhs in Theni alone, which has now reduced to 12,000 to 20,000. It was after the pro-Jallikattu protests, awareness about this cattle breed has arisen. This cattle are used in ploughing the lands in many parts of the state even today,” Ilanchenniyan, state coordinator, Cattle Breeders Welfare Centre told The Federal.

The United Nations has declared the year 2026 as the International Year of Rangelands and Pastoralists. “But the court has overlooked the rights given for tribals under the Forest Rights Act, 2006. These are the traditional lands where the tribals carried on grazing for thousands of years, which later became reserved forests and tiger reserves,” he added.

Also read: Govt defends new forest conservation rules; dubs Cong criticism attempt to divert public attention

‘Demarcate lands for grazing’

“Cattle rearing is one of the livelihood options for locals and tribals living in the forest fringe villages. Native breed cattle are reared for manure purposes rather than milching. These breeds cannot be stall-fed,” said S Bharathidasan, founder, Arulagam, a vulture conservation organisation based in Coimbatore.

Earlier, the cattle keepers went into the forest up to 2 to 3 kms for grazing. Due to climate change and spread of invasive species, the grazing lands in the forest fringes are disappearing faster. And, the cattle are being driven deeper, around 8 to 10 kms, into the forest, he said.

“If the forest needs to be protected from overgrazing, then the government should demarcate at least 10 per cent of the tea and coffee estates as grazing land,” added Bharathidasan.

When the cattle go deeper into the forest there is the risk of being attacked by big cats like tigers and leopards, as well.

‘TN, the worst performing state in implementing FRA’

The Madras High Court’s order is in violation of the existing laws related to forests, said CR Bijoy, a well-known forest rights activist.

“Whatever laws are enacted by the Parliament, now the state forest departments and other high courts in the country are going to cite the Madras high court’s order as a precedent. The recent court order overrides the existing laws,” he said.

Also read: Rahul’s tweet on forest conservation rules unfortunate, misleading: Choubey

It appears that the Tamil Nadu government has not given any grazing rights. “According to the Union ministry of tribal affairs data on titles issued under the Forest Rights Act, including grazing, the state says it has issued some rights but the area recognised for grazing is nil,” Bijoy added.

“Modifying the order – from allowing grazing in tiger reserves, sanctuaries and national parks to restricting it only in reserved forests – doesn’t make much of a difference. It still remains as an order for whole forest lands in the state, since no grazing rights have been given in the state. From that point, Tamil Nadu is one of the worst states with regards to implementing the Forest Rights Act. The forest department officials are going to prevent grazing showing this order,” said Bijoy.

‘Grazing prevents human-animal conflicts’

The lobby opposed to cattle grazing inside the forests claim that the cattle can spread diseases to wild animals. However, on the other hand, grazing is widely considered as an effective tool to prevent forest fires.

Talking to The Federal, M Mathivanan, senior research associate, Ashoka Trust for Research in Ecology and the Environment (ATREE) said that cattle grazing inside the forests has its own benefits.

Mathivanan said that when people took their cattle inside the forests for grazing, they used to dig up small ponds to provide water for their cattle. Those ponds were also used by the wild animals to quench their thirst, he added.

“”The cattle keepers used to burn the plants  not eaten both by the cattle and wild animals. That not only helped with ‘controlled forest fire’ but also regrowth of new grass that is fed upon by cattle and wild animals. Finally, when grazing was allowed, the wild animals like tigers due to their old age, which were unable to hunt, killed the cattle. Because of this, those big cats were prevented from entering human habitations and thereby reduced human-animal conflicts. Since cattle keepers used to rear cattle in hundreds, they did not worry if one or two were targeted by the wild animals as prey,” he pointed out.

Moreover, Mathivanan alleged that though the state has numerous graze lands, known as as ‘meikkal poramboke’, they are being diverted for development projects instead of developing those lands for fodder requirements for the livestock in the state.