It ensures decentralised forest governance, linking management authority and responsibility to community rights.
- The Act lays down a democratic procedure for identifying whether and where wildlife conservation may require curtailing or extinguishing community rights.
- When a community has rights to a forest, it means they automatically get a say in any changes to the forest and can even stop them. They also have the right to be compensated if any changes do happen.
- This right was reaffirmed by the Supreme Court in the Niyamgiri case, and
What are the Issues in Implementation of the Forest Rights Act?
- Individual Rights vs. Community Rights: Politicians in some states have predominantly focused on individual rights, turning the Act into an 'encroachment regularization' scheme. This approach neglects the recognition and protection of community rights, which are essential for sustainable forest management.
- Poor Recognition of Individual Forest Rights (IFRs): The recognition of Individual Forest Rights has been done poorly, often compromised by resistance from the Forest Department, apathy from other departments, and misuse of technology. Claimants face hardship during the filing process, encountering faulty and non-transparent rejections and arbitrary partial recognitions.
- Digital Processes in Areas with Poor Connectivity: Implementation of digital processes, such as the VanMitra software in Madhya Pradesh, has posed challenges in areas with poor connectivity and low literacy rates. This exacerbates existing injustices and hinders the effective filing and processing of claims.
- Incomplete Recognition of Community Forest Rights (CFRs): The slow and incomplete recognition of community rights to access and manage forests (CFRs) is a significant lacuna in FRA implementation. The forest bureaucracy is resistant to these rights, potentially impeding the empowerment of local communities in managing their forests.
- Limited Recognition of CFRs in Most States: While Maharashtra, Odisha, and Chhattisgarh have made some progress in recognizing CFRs, this has not been the case in most states. Maharashtra's activation of CFRs through de-nationalizing minor forest produce is a positive example, but challenges persist, especially in potential mining areas.
- Convenient for Conservationists and Development Lobby: Non-recognition of community rights serves the interests of hardline conservationists and the development lobby. Communities in protected areas become vulnerable to 'voluntary rehabilitation,' and forests may be exploited for mining or dams without obtaining community consent.
- Forest Villages Not Addressed: The issue of 'forest villages' has not been adequately addressed in most states, indicating a lack of comprehensive implementation.
- Empowerment of Gram Sabha: Ensure that the Gram Sabha, the local self-government in villages, is actively involved in decision-making processes related to forest management.
- Inclusive Decision Making: Encourage the inclusion of rights holders in the decision-making processes to ensure that their perspectives and needs are considered.
- Education and Training: Conduct awareness programs and training sessions for forest dwellers to inform them about their rights under the FRA.
- Capacity Building: Strengthen the capacity of civil society organizations to support and advocate for the rights of forest dwellers.
- Monitoring Mechanisms: Establish monitoring systems to ensure that the Forest Department and other relevant authorities adhere to the provisions and objectives of the FRA.
- Accountability Measures: Implement accountability measures for any violations or non-compliance with the FRA, ensuring that responsible authorities are held accountable.
- Integrated Planning: Develop integrated plans that consider both the development and conservation needs of forests while respecting the rights and interests of forest dwellers.
- Consultative Processes: Engage in consultative processes that involve all stakeholders to find a balance between development and conservation goals.
Conclusion
Certain states aim to promptly acknowledge rights, but in areas like Chhattisgarh, swift implementation often advantages the Forest Department, distorting rights and granting excessive control to bureaucrats. To address this issue, it's crucial for political leaders, bureaucrats, and environmentalists to comprehend and endorse the essence of the FRA. Otherwise, past injustices will endure, forest governance will lack democracy, and the opportunity for community-led conservation and sustainable livelihoods will remain unrealized.
Drishti Mains Question:
Examine the key provisions of the Forest Rights Act, 2006, and analyze how it aims to address historical injustices faced by forest-dwelling communities in India.
UPSC Civil Services Examination Previous Year Question (PYQ)
Prelims
Q. Consider the following statements: (2021)
- Moringa (drumstick tree) is a leguminous evergreen tree.
- Tamarind tree is endemic to South Asia.
- In India, most of the tamarind is collected as minor forest produce.
- India exports tamarind and seeds of moringa.
- Seeds of moringa and tamarind can be used in the production of biofuels.
Which of the statements given above are correct?
(a) 1, 2, 4 and 5
(b) 3, 4, and 5
(c) 1, 3 and 4
(d) 1, 2, 3 and 5
Ans: (b)
Q. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
(a) Ministry of Environment, Forest and Climate Change
(b) Ministry of Panchayati Raj
(c) Ministry of Rural Development
(d) Ministry of Tribal Affairs
Ans: (d)