The Ministry of Tribal Affairs (MoTA) administers the Forest Rights Act 2006 (FRA) to recognise and vest forest rights in Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs). Recently, in 2023 and 2024, new guidelines were issued for Community Forest Resource Rights (CFRR) management under FRA and the Pradhan Mantri Janjatiya Unnat Gram Abhiyan (PMJUGA). These guidelines have raised concerns about legal inconsistencies and implementation challenges affecting tribal empowerment and forest sustainability.
Objectives of the Forest Rights Act 2006
FRA aims to recognise individual and community forest rights. It empowers FDSTs and OTFDs by acknowledging their traditional rights over forest land and resources. The Act seeks sustainable forest management through community participation. It formalises customary practices without granting ownership of forest land.
Community Forest Resource Rights and Customary Common Lands
CFRR covers customary common forest lands under collective community occupation. These lands are managed by traditional norms rather than formal laws. Rights include grazing, gathering minor forest produce, and conserving resources. Eligible communities must have occupied and protected such lands before 13 December 2005.
Issues in Recent CFR Guidelines
The 2023 Community Forest Resource Guidelines (CFRG) incorrectly state that land is vested in communities, contradicting FRA’s legal position. They expand Gram Sabha powers beyond FRA’s mandate and replace existing forest management bodies with Community Forest Resource Management Committees (CFRMCs). The guidelines also authorise management on forest department land, which is legally ineligible for CFRR.
Implementation Challenges under PMJUGA
PMJUGA focuses on saturating FRA claims through digitalisation and mapping. This risks prioritising quantity over quality. Lack of robust verification may legitimise past errors. The sidelining of forest department expertise and transfer of management to external technical partners weakens community control. Funding favours development projects over ecological safeguards.
Consequences for Forest Sustainability and Tribal Welfare
Poor oversight has led to overexploitation, illegal logging, and forest fires in some CFR areas. Gadchiroli district exemplifies these issues with high forest fire rates despite large CFRR recognition. Absence of data management hampers monitoring of resource use. Without corrective measures, tribal empowerment and forest conservation goals remain unmet.
Need for Guideline Revisions and Balanced Approach
Guidelines require amendment to align with FRA’s provisions and clarify Gram Sabha and community roles. Recognition of rights must balance with forest conservation to protect ecological health. Revisiting previously granted CFRRs is essential to ensure legal validity. Involving forestry experts alongside communities can support sustainable management.
Significance for National Forest and Tribal Policy
Effective CFRR implementation is vital for tribal welfare and forest resource sustainability. Missteps risk conflicts and exploitation by non-community actors. A genuine community-led, ecologically sound approach is crucial to safeguard forests as national wealth and secure livelihoods of forest dwellers.
Questions for UPSC:
- Critically discuss the role of the Forest Rights Act 2006 in empowering tribal communities and conserving forest resources in India.
- Examine the challenges faced in implementing community forest resource rights under the Forest Rights Act and suggest measures to address them.
- With suitable examples, discuss the impact of decentralised forest governance on biodiversity conservation and tribal welfare in India.
- Analyse the significance of integrating traditional knowledge and modern forestry practices in sustainable forest management policies in India.
