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Challenges in Forest Rights Implementation
Context:
Recent government guidelines for implementing the Forest Rights Act (FRA), 2006, and management of Community Forest Resources (CFRs) have raised concerns of bureaucratic centralisation and inadequate involvement of tribal communities.
Forest Rights Act and Tribal Empowerment
Background
- The Forest Rights Act (FRA), 2006recognises rights of Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs).
- Objective: Empowerment, tenure security, livelihood, and sustainable use of forests.
- Ministry of Tribal Affairs (MoTA) oversees FRA implementation.
Key Issues in Implementation
- Individual vs Community Rights
- Emphasis has shifted to individual land rights (pattas), while Community Forest Rights (CFRs) remain neglected.
- CFRs crucial for collective use of resources such as grazing, minor produce, and sacred groves.
- Bureaucratic Centralisation
- New guidelines appear to transfer responsibility of CFR management to Forest Department, undermining Gram Sabha authority.
- Risks perpetuating colonial patterns of forest administration.
- Lack of Statutory Compliance
- Certificates issued in several states without fulfilling statutory requirements under FRA.
- Leads to displacement of tribal customary rights.
- Ecological and Social Concerns
- Weak FRA implementation leads to:
- Increased forest degradation and fires.
- Marginalisation of vulnerable tribal groups.
- Hindrance in achieving sustainable forest governance.
- Weak FRA implementation leads to:
Critical Implications
- For Tribals: Loss of livelihood security, erosion of cultural ties to forest land.
- For Ecology: Forest fires, unsustainable extraction, biodiversity loss.
- For Governance: Duality of authority (FRA vs Forest Department) creates confusion, weakens accountability.
Way Forward
- Strengthening Gram Sabhas: Empower Gram Sabhas with statutory control over CFRs; avoid bypassing tribal consent.
- Capacity Building: Training for tribal communities in sustainable forest management and biodiversity conservation.
- Harmonisation of Laws: FRA must take precedence over older legislations like the Indian Forest Act, 1927.
- Transparency in Clearances: Independent monitoring of forest diversion and rights recognition.
- Ecological Sustainability: Integration of FRA with climate change goals, eco-restoration, and community-based conservation.
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