The Community Forest Resource (CFR) is a significant aspect of India’s forest conservation efforts. It draws its legal framework from Section 3(1)(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act (FRA). This act ensures collective rights to use, protect, and manage forests for sustenance and livelihood. Residents of Karipani and Budra villages in Chhattisgarh recently carried out a massive afforestation drive as part of their efforts to secure rights over their forest land, reinforcing the act’s significance.
Community Forest Resource Rights and its Role
The community forest resource rights (CFRR) allow communities to formulate rules for forest use, ensuring sustainability and conservation. The CFR rights collaborate with community rights (CRs) under Sections 3(1)(b) and 3(1)(c), which include nistar rights and rights over non-timber forest products. Upon the recognition of CFRR by a community, the ownership changes from the forest department to the Gram Sabha, the local village assembly. 10 villages in Chhattisgarh’s protected areas have received CFRR titles as of Adivasi Divas on August 9, 2022.
The Power and Impact of the Gram Sabha
With the recognition of CFRR, Gram Sabhas have become the nodal bodies for forest management. They are empowered to adopt local traditional methods of forest conservation and management within their forest boundaries. Chhattisgarh is the second state to acknowledge CFRRs within a national park, specifically Kanger Ghati National Park.
Understanding the Forest Rights Act of 2006
The Forest Rights Act of 2006 recognizes the forest rights and occupation in Forest lands for both Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD). This act not only fortifies the conservation of forests but also ensures the livelihood and food security of FDST and OTFD. The Gram Sabha initiates the process of determining the nature and extent of Individual Forest Rights (IFR) and Community Forest Rights (CFR).
Unpacking the Four Types of Rights under the Forest Rights Act
The Forest Rights Act of 2006 identifies four types of rights: Title rights, Use rights, Relief and development rights, and Forest management rights. Title rights allot ownership to land farmed by tribals or forest dwellers up to a maximum of 4 hectares. Use rights extend to extracting Minor Forest Produce and grazing areas. Relief and development rights cater to rehabilitation in case of illegal eviction or forced displacement and provide basic amenities, restricted for forest protection. Forest management rights encompass the right to protect, regenerate, conserve or manage any community forest resource with a tradition of protection and sustainability.
Role of Ministries in Implementing the Forest Rights Act
At the national level, the Ministry of Tribal Affairs is the nodal agency to ensure the effective implementation of the FRA. It implements various schemes and projects as per the provisions of the Act and the rules framed accordingly. The Act also works with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, which safeguards the tribal population from eviction without rehabilitation and settlement. In conclusion, the Forest Rights Act’s recognition of CFRR presents an essential move toward ensuring sustainable forest conservation and protecting tribal communities’ rights.
