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Challenges in Forest Rights Recognition in India

Challenges in Forest Rights Recognition in India

The issues surrounding the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, remain critical. Despite the Act’s introduction in 2008, forest dwellers face ongoing challenges. A study by Sharachchandra Lele and Geetanjoy Sahu marks hurdles in the recognition of Community Forest Resource (CFR) rights. Only Maharashtra has operationalised these rights effectively, while other states show minimal recognition.

Current State of Forest Rights

Only three state of Indias have recognised substantial CFR rights. Maharashtra leads with operational rights, while Chhattisgarh and Odisha follow far behind. Many states, including Madhya Pradesh and Jharkhand, have less than two per cent recognition. The denial of these rights hampers the livelihoods of millions dependent on forests.

Displacement Issues

Over 100,000 forest dwellers have been displaced due to protected area creation by the National Tiger Conservation Authority (NTCA). Relocation orders have affected over 64,000 families in core tiger reserves. The study shows that development projects and conservation efforts often overlook the rights of local communities.

Impact of Green Displacement

Carbon forestry initiatives pose risks of green displacement. While India aims to sequester 2.5 gigatonnes of CO2, projects may lead to further displacements of forest dwellers. Such initiatives should be scrutinised to ensure they do not exacerbate existing issues.

Forest Dependency and Rights Recognition

Approximately 250 million people rely on forests in India. The study indicates that only a fraction of potential CFR rights has been recognised. This lack of recognition contributes to forest degradation and conflicts between local needs and forest department control.

Recent Policy Changes

Recent amendments to the Forest Conservation Rules have further complicated the recognition process. The 2022 rules have eliminated the requirement for states to settle community rights before granting forest clearances. This has raised concerns about the future of forest dwellers’ rights.

Positive Developments in Maharashtra

Despite challenges, Maharashtra serves as an example of successful community mobilisation. In Gadchiroli district, local communities have established institutions that empower them as rights-holders. This has led to improved employment opportunities and forest conservation efforts.

Future Prospects

Other states are inspired by Maharashtra’s success. recent-developments-in-chhattisgarhs-maoist-conflict/" target="_blank" rel="noopener">Chhattisgarh and Karnataka are now advocating for greater involvement in managing protected areas. This shift indicates a growing recognition of the importance of community rights in forest governance.

Questions for UPSC:

  1. Critically analyse the impact of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, on forest governance in India.
  2. Explain the concept of green displacement and its implications for forest dwellers in India.
  3. What are the challenges faced by local communities in the management of protected areas? Discuss with suitable examples.
  4. Comment on the significance of community rights in the context of forest conservation and biodiversity in India.

Answer Hints:

1. Critically analyse the impact of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, on forest governance in India.
  1. The Act aimed to recognize the rights of forest dwellers, but implementation has been inconsistent across states.
  2. Maharashtra is the only state where Community Forest Resource (CFR) rights have been effectively operationalized.
  3. Many states show minimal recognition, with areas and communities still lacking rights.
  4. Denial of CFR rights has contributed to forest degradation and conflict between local needs and forest governance.
  5. Recent policy changes have further complicated the recognition process, undermining the Act’s objectives.
2. Explain the concept of green displacement and its implications for forest dwellers in India.
  1. Green displacement refers to the forced relocation of communities due to conservation projects and carbon forestry initiatives.
  2. Such projects often overlook the rights of local populations, exacerbating existing displacement issues.
  3. Forest dwellers may lose their livelihoods and access to resources critical for their survival.
  4. Carbon forestry projects, while aimed at environmental benefits, can lead to further social injustices.
  5. Effective community involvement is crucial to prevent green displacement and ensure equitable outcomes.
3. What are the challenges faced by local communities in the management of protected areas? Discuss with suitable examples.
  1. Local communities often face eviction from protected areas, as seen with over 100,000 displaced due to NTCA policies.
  2. Forest departments are reluctant to accept Community Forest Resource claims, limiting local participation.
  3. Policies prioritize conservation over community rights, leading to conflicts and tensions.
  4. Examples include the lack of recognition in states like Madhya Pradesh and Jharkhand, where less than two percent of rights are acknowledged.
  5. Community mobilization in Maharashtra demonstrates a potential path forward for collaborative management.
4. Comment on the significance of community rights in the context of forest conservation and biodiversity in India.
  1. Community rights empower local populations, ensuring their involvement in sustainable forest management.
  2. Recognizing rights can enhance biodiversity conservation by aligning local interests with environmental goals.
  3. Successful examples, like those in Maharashtra, show that community-led initiatives can lead to better conservation outcomes.
  4. Denial of rights often leads to degradation and conflict, undermining biodiversity efforts.
  5. Integrating community rights in policy frameworks is essential for achieving long-term conservation and social equity.

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