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Internal territorialisation or the formalisation of forest rights has led to increased state ownership in many countries, often ignoring traditional or customary tenure and land use. Because of its roots in a formal government process, the disjuncture between formal rights and local practices may be seen as unproblematic to policymakers, even though it harms the livelihoods of marginalised forest dwellers. In India in 2006, this situation was sought to be addressed by the passage of the Forest Rights Act, which acknowledged the injustices of the territorialisation process and aimed to restore some rights over forest use to forest-dwelling people. In this paper we examine the history of the territorialisation process in forested areas in the state of Orissa, India, and its implications for local inhabitants’ land rights and livelihoods. We use archival research and case studies to examine how imposition of formal land tenure in forested areas failed to recognise rights and led to exclusion, contestation and conflict. The archival research and the case studies were among the evidence presented in the Indian Parliament in support of passage of the 2006 law. They demonstrate the important role that researchers can play in the political process through careful documentation targeted at policymakers.
