Skip to main content

Forest rights Act "promotes" privatisation of land, would undermine tribal rights: Book

By Rajiv Shah 
The forest rights Act (FRA), enacted in 2006, may be a major campaign tool of "pro-tribal" NGOs and political parties, as it seeks to provide land title to adivasis. But three well-known scholars – Felix Padel, Ajay Dandekar and Jeemol Unni – in a recent book have triggered Hornet’s nest by declaring that it spells "death" for the idea that forests are a community resource whose ownership should remain with tribals. The book, “Economy Ecology: Quest for a Socially Informed Connection”, published by Orient BlackSwan, claims to be a critique of “adverse effects of resource utilization – water, metals, power, land – on adivasi communities.”
Warning that the FRA has opened up Pandora's box for “privatization of forests”, the book says, while the FRA claims to “correct a historical injustice by giving forest dwellers full rights to their land”, in actual practice it “threatens to effect a fast privatization of the forest, spelling death for the symbiosis which maintains the forest as a community resource shared with wildlife.” The authors believe that the FRA will “hasten an undoing of traditional social structure, transforming social relations into the mould of capitalist competition promoted by the mainstream.”
While Padel is professor at the School of Rural Management, Indian Institute of Management, Dandekar is professor at the School of Social Sciences, Central University of Gujarat, on lien from Institute of Rural Management, Anand (IRMA), and Unni is director and professor of economics, IRMA. What acquires particular significance to their comment on FRA is, they are closely associated with NGOs working in Gujarat, where the process of handing over land titles had become a major issue in the tribal areas.
In fact, the authors raise a pointed question: “Once thousands of families have established individual entitlement to pieces of forest land, will they preserve forest, or will they hasten a widespread clearance of forests?” They add, “Profound dangers in the FRA are perceived by many who wish to see forests as well as adivasis flourish, and understand the Act’s implications for communities and wildlife at the ground level. In Savyasachi’s view, this Act ‘turns forests into a service provider for capitalism’.”
Quoting yet another scholar, Madhu Ramnath, the authors say, the Act encourages tribal groups to “clear forests wherever they move.” On the other hand, it bans traditional tribal activities such as hunting and fishing. “Both hunting and fishing by traditional methods of bow and arrows or muzzle-loader and fish nets or plant poisons do not basically damage the ecosystem. Continuing the ban on hunting illegalizes a custom at the core of tribal identity and territory, and thereby in a sense promotes illegal hunting, carried out with anger at the injustice.”.
The authors also warn, “The Act empowers gram sabhas in a context where Panchayati Raj is often in effect Sarpanch Raj: the same top-down model prevalent throughout capitalist democracy, where elections depend heavily on funding, and elected representatives frequently make deals with vested interests outside the village, and build top-down clique within it.” They see the FRA only completing the “process of land privatization that started with the ‘Permanent Settlement’ in 1790s – a process begun, as in FRA, with the avowed aim of giving permanent status to people’s customary land rights!”
In fact, the authors believe, this privatization of tribal land may lead to a situation where the process of such activities, like hotel complexes coming up in huge areas near Sarika, Ranthambhore and other sanctuaries, would only accelerate, and illegal encroachment upon common habitat of the tribals and the wildlife would become a reality.
Even then, the authors say, NGOs have used FRA as a “symbol of affirming people’s basic rights – rights they have been denied since colonial times.” And, this is happening at a time when conservationists and social/ political activists confront each other – while the conservationists want tribals out of forests, the social/ political activists want them to give tribal land. “Both confront basically  the same nexus of vested interests”, the authors allege, adding, only “their style differs.” Both seek to dispossess the tribals of their community rights over forests.

Comments

Felix Padel said…
I must point out a bad misquote at the end of this review of our book. On p.177 "both [conservationists & social/political activists] confront basically the same nexus of vested interests [i.e. the corporations & Forest Dept]" is misquoted as "both serve the same nexus" - the opposite meaning!
Rajiv Shah said…
Mr Padel's concern has been addressed. The quote has been corrected.
Felix Padel said…
Thanks for correction, & appreciate review. Yet distortion is still there in final words: dispossession is exactly what activists are fighting, and the main message here in the book is that activists & conservationists need to work together against the nexus that is dispossessing Adivasis & destroying Forest
Jag Jivan said…
Felix Padel's comment amuses me. He says that conservationists and social activists must work together to fight against the "nexus." It means that they are indirectly serving this nexus by not working together and favouring the nexus! Havent read the book, but this appears to be the conclusion he appears to drawing, but is afraid of saying in so in so many words!!!
manisha said…
Misinformed view by the authors OF what FRA purports to do and its legal provisions

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

The Vande Mataram debate and the politics of manufactured controversy

By Vidya Bhushan Rawat*  The recent Vande Mataram debate in Parliament was never meant to foster genuine dialogue. Each political party spoke past the other, addressing its own constituency, ensuring that clips went viral rather than contributing to meaningful deliberation. The objective was clear: to construct a Hindutva narrative ahead of the Bengal elections. Predictably, the Lok Sabha will likely expunge the opposition’s “controversial” remarks while retaining blatant inaccuracies voiced by ministers and ruling-party members. The BJP has mastered the art of inserting distortions into parliamentary records to provide them with a veneer of historical legitimacy.

Ahmedabad's Sabarmati riverfront under scrutiny after Subhash Bridge damage

By Rosamma Thomas*  Large cracks have appeared on Subhash Bridge across the Sabarmati in Ahmedabad, close to the Gandhi Ashram . Built in 1973, this bridge, named after Subhash Chandra Bose , connects the eastern and western parts of the city and is located close to major commercial areas. The four-lane bridge has sidewalks for pedestrians, and is vital for access to Ashram Road , Ellis Bridge , Gandhinagar and the Sabarmati Railway Station .

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Proposals for Babri Masjid, Ram Temple spark fears of polarisation before West Bengal polls

By A Representative   A political debate has emerged in West Bengal following recent announcements about plans for new religious structures in Murshidabad district, including a proposed mosque to be named Babri Masjid and a separate announcement by a BJP leader regarding the construction of a Ram temple in another location within Behrampur.

No action yet on complaint over assault on lawyer during Tirunelveli public hearing

By A Representative   A day after a detailed complaint was filed seeking disciplinary action against ten lawyers in Tirunelveli for allegedly assaulting human rights lawyer Dr. V. Suresh, no action has yet been taken by the Bar Council of Tamil Nadu and Puducherry, according to the People’s Union for Civil Liberties (PUCL).

Myanmar prepares for elections widely seen as a junta-controlled exercise

By Nava Thakuria*  Trouble-torn Myanmar (also known as Burma or Brahmadesh) is preparing for three-phase national elections starting on 28 December 2025, with results expected in January 2026. Several political parties—primarily proxies of the Burmese military junta—are participating, while Aung San Suu Kyi’s National League for Democracy (NLD) remains banned. Observers expect a one-sided contest where junta-backed candidates are likely to dominate.

From crime to verdict: The 27-year journey that 'rewarded' the destroyers of Babri Masjid

By Shamsul Islam    Thirty-three years ago, on December 6, 1992, a 16th-century mosque was reduced to rubble by a frenzied mob orchestrated by the Rashtriya Swayamsevak Sangh (RSS) and its political fronts. The demolition was not a spontaneous outburst of Hindu sentiment; it was the meticulously planned culmination of a hate campaign that branded Indian Muslims as “Babur-ki-aulad” and the Babri Masjid as a symbol of historical humiliation. 

Global LNG boom 'threatens climate goals': Banks urged to end financing

By A Representative   The world is on the brink of an unprecedented surge in Liquefied Natural Gas (LNG) development, with 279 new projects planned globally, threatening to derail international climate goals and causing severe local impacts. This stark warning comes from a coalition of organizations—including Reclaim Finance, Rainforest Action Network, BankTrack, and others—that today launched the " Exit LNG " website, a new mapping project exposing the extent of the expansion, the companies involved, and their bank financiers.