An uphill struggle to grow the Forest Rights Act

Source: This post has been created on the article “An uphill struggle to grow the Forest Rights Act” published in “The Hindu” on 18^th December 2023.

UPSC Syllabus Topic: GS Paper 2 – Governance – Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

News: The Forest Rights Act (FRA) was enacted in 2006 to resolve conflicts over forest encroachments, addressing historical injustices against forest-dwelling communities, and establish democratic forest governance.

However, even after 17 years, the Act’s promise of justice and democratization remains largely unfulfilled.

What have been historical injustices done to the forest dwellers?

During the Colonial Period: The Indian Forest Act, 1878 gave the British ownership of all Indian forests. The Imperial Forest Department maximized revenue for the British and treated forests as state property.

This resulted in banning shifting cultivation, biased land surveys, forced labor for forest communities and restricting their access to forest resources.

Post-Independence

Inclusion of Princely states and Zamindari estates: This led the forest areas being declared state property.

Land leases: Forest lands were leased for “Grow More Food” and other initiatives to meet the needs of a growing population, leaving communities in vulnerable situations.

Construction of Dams: Communities were displaced and were forced to encroach on other forest areas.

The Wildlife (Protection) Act 1972 and Forest (Conservation) Act 1980: Both the Acts followed the colonial nature of state ownership. The creation of sanctuaries and national parks led to the forced resettlement of communities.

Developmental Projects: Forest lands were diverted for the developmental project without the consent of local communities.

How did the Forest Rights Act address these historical injustices?

Encroachments: It recognized Individual Forest Rights (IFRs) for habitation and cultivation. Forest villages are converted to revenue villages with full rights recognition.

Access and Control: It granted access and control by giving the rights to utilize forests, own and sell minor forest produce, and manage forests within their boundaries. These rights extended to sanctuaries and national parks.

Balanced Wildlife Conservation and Community Rights: It created a democratic process creating a balance between conservation goals and community needs.

Supreme Court Judgment: The SC in the Niyamgiri case, empowered forest communities by stating that they enjoy veto power over any proposals to divert that forest for other purposes.

However, despite attempts by the Forest Conservation Rules 2022 and FCA Amendment 2023 to bypass this right, states can still establish consent mechanisms.

What have been the challenges over the implementation of the Forest Rights Act?

Politicization: Many states focused solely on individual rights, framing the FRA as an “encroachment regularization” scheme, encouraging illegal cultivation in some areas.

They often view forest dwellers as recipients of state benefits, rather than recognizing their rights over forest.

Bureaucratic Obstacles: The recognition of Individual Forest Rights (IFRs) was affected by Forest Department resistance and technology misuse.

There was a hindrance in recognizing Community Forest Rights (CFRs) as it would lead to loss of bureaucratic power and control over forests.

Claiming Processes: Claimants faced difficulties in filing claims, encountering rejections due to faulty processes and arbitrary decisions.

The digital processes, like the VanMitra software in Madhya Pradesh, continued the injustice in areas with poor connectivity and literacy.

Read More: The Conflict Between Forest Rights and Forest Conservation – Explained

How has the implementation of the Forest Rights Act been carried out in some of the states?

Maharashtra, Odisha, and Chhattisgarh have made progress in recognizing Community Forest Rights (CFRs).

Maharashtra has actively implemented by de-nationalizing minor forest produce in Scheduled Areas, empowering villages to manage their own forests.