Skip to main content

Forest Rights Act threatens forests, tribal societies, is of limited significance: Expert

By Rajiv Shah 
Well-known British scholar Felix Padel -- great grandson of Charles Darwin, a social anthropologist who has made India his home for the last three decades -- has termed the Forest Rights Act (FRA) "a stop gap" arrangement against "appalling" projects threatening tribals. In an interview published in "Sanctuary Asia" (February 2015), Padel, also known for his activism on tribal rights issues, however, believes that the Act, with its emphasis on individual rather than collective rights, "threatens not just the continued existence of India’s forests, but also the continuance of all that is best in tribal societies."
Padel suggests that the Act may be called "historic" only in a limited sense -- only in so far as it intends to "return to tribal people their fundamental traditional rights to the forest, which British rule took away". However, he believes, quoting Marx and Engels, that there is a need to emphasize on "communal, as opposed to private, property as the essence of tribal societies worldwide – the basis of ‘primitive communism’, and a major element in the concept of communism itself."
One who thinks that India has given the world a "more fundamentally vital concept of self-development, from Yoga and Upanishadic sages to Buddhism", and also the fundamental values of "closeness of nature and culture, the true multiculturalism", Padel last worked as professor at the School of Rural Management, Indian Institute of Health Management Research (IIHMR), Jaipur, during 2012-2014. Earlier, he was associated with the Institute of Rural Management, Ahand (IRMA), in Gujarat.
Suggesting why other tribal movements have failed while the one in Niyamigiri -- a major forest area in Odisha where MNC Vedanta had planned bauxite mining -- has succeeded, Padel says, here the gram sabhas "voted together not just against mining, but also refused the individual title plots of forest they were being offered under the FRA." Padel's view comes at a time when the FRA is being sought to be watered down by the current NDA government, which is seeking to ease the law for the corporates.
Pedal emphasizes, the Niyamgiri movement had the support of "influential environmental as well as social/tribal rights groups and political parties including the Samajvadi Jan Parishad", and they didn’t have to "aim for a common platform." Saying that this was the main reason for its success, he adds, "Many of them didn’t even dialogue! This needs to be understood."
According to Padel, the FRA has actually helping the policy of "divide and rule – allowing conservationists and human rights activists to be divided against each other is a sure strategy for making certain neither succeeds." This despite the fact that "both face the same enemies, including inner demons and attitudes, as well as certain strong external entities and tendencies." He adds, "Both sides have often stereotyped the other, and taken rigid positions." 

Comments

TRENDING

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative   The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.  

Gram sabha as reformer: Mandla’s quiet challenge to the liquor economy

By Raj Kumar Sinha*  This year, the Union Ministry of Panchayati Raj is organising a two-day PESA Mahotsav in Visakhapatnam, Andhra Pradesh, on 23–24 December 2025. The event marks the passage of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), enacted by Parliament on 24 December 1996 to establish self-governance in Fifth Schedule areas. Scheduled Areas are those notified by the President of India under Article 244(1) read with the Fifth Schedule of the Constitution, which provides for a distinct framework of governance recognising the autonomy of tribal regions. At present, Fifth Schedule areas exist in ten states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The PESA Act, 1996 empowers Gram Sabhas—the village assemblies—as the foundation of self-rule in these areas. Among the many powers devolved to them is the authority to take decisions on local matters, including the regulation...

When a city rebuilt forgets its builders: Migrant workers’ struggle for sanitation in Bhuj

Khasra Ground site By Aseem Mishra*  Access to safe drinking water and sanitation is not a privilege—it is a fundamental human right. This principle has been unequivocally recognised by the United Nations and repeatedly affirmed by the Supreme Court of India as intrinsic to the right to life and dignity under Article 21 of the Constitution. Yet, for thousands of migrant workers living in Bhuj, this right remains elusive, exposing a troubling disconnect between constitutional guarantees, policy declarations, and lived reality.

Policy changes in rural employment scheme and the politics of nomenclature

By N.S. Venkataraman*  The Government of India has introduced a revised rural employment programme by fine-tuning the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which has been in operation for nearly two decades. The MGNREGA scheme guarantees 100 days of employment annually to rural households and has primarily benefited populations in rural areas. The revised programme has been named VB-G RAM–G (Viksit Bharat Guarantee for Rozgar and Ajeevika Mission – Gramin). The government has stated that the revised scheme incorporates several structural changes, including an increase in guaranteed employment from 100 to 125 days, modifications in the financing pattern, provisions to strengthen unemployment allowances, and penalties for delays in wage payments. Given the extent of these changes, the government has argued that a new name is required to distinguish the revised programme from the existing MGNREGA framework. As has been witnessed in recent years, the introdu...

Aravalli at the crossroads: Environment, democracy, and the crisis of justice

By  Rajendra Singh*  The functioning of the Ministry of Environment, Forests and Climate Change has undergone a troubling shift. Once mandated to safeguard forests and ecosystems, the Ministry now appears increasingly aligned with industrial interests. Its recent affidavit before the Supreme Court makes this drift unmistakably clear. An institution ostensibly created to protect the environment now seems to have strayed from that very purpose.

'Structural sabotage': Concern over sector-limited job guarantee in new employment law

By A Representative   The advocacy group Centre for Financial Accountability (CFA) has raised concerns over the passage of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (VB–G RAM G), which was approved during the recently concluded session of Parliament amid protests by opposition members. The legislation is intended to replace the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

'Festive cheer fades': India’s housing market hits 17‑quarter slump, sales drop 16% in Q4 2025

By A Representative   Housing sales across India’s nine major real estate markets fell to a 17‑quarter low in the October–December period of 2025, with overall absorption dropping 16% year‑on‑year to 98,019 units, according to NSE‑listed analytics firm PropEquity. This marks the weakest quarter since Q3 2021, despite the festive season that usually drives demand. On a sequential basis, sales slipped 2%, while new launches contracted by 4%.  

Safety, pay and job security drive Urban Company gig workers’ protest in Gurugram

By A Representative   Gig and platform service workers associated with Urban Company have stepped up their protest against what they describe as exploitative and unsafe working conditions, submitting a detailed Memorandum of Demands at the company’s Udyog Vihar office in Gurugram. The action is being seen as part of a wider and growing wave of dissatisfaction among gig workers across India, many of whom have resorted to demonstrations, app log-outs and strikes in recent months to press for fair pay, job security and basic labour protections.

Public responses to the niqab incident and Iltija Mufti’s legal complaint

By Raqif Makhdoomi*  Following an incident in which the Chief Minister of Bihar was seen pulling aside the niqab of a Muslim woman doctor during a public interaction, the episode drew widespread attention and debate across India. Public reactions were divided, with some defending the action and others criticising it as an infringement on personal autonomy and dignity. The incident was widely circulated on social media and reported by national and international media outlets.