Skip to main content

FRA continues to be plagued by challenges in implementation


Uphold forest rights act to secure rights, livelihood and forest conservation: A note by Community Forest Rights-Learning and Advocacy (CFRLA), All India Forum of Forest Movements (AIFFM), Mahila Kisan Adhikaar Manch (MAKAAM):

The Forest Rights Act (FRA) was enacted to undo the historical injustice against Forest Dwelling Scheduled Tribe and other forest dwelling communities by recognizing their pre-existing rights over forest land and community forest resources. It provides for democratic governance of forests by vesting the rights and authority to manage and conserve forests in the Gram Sabha and forestdwellers.
The law also recognizes and vests rights over community forest resources (CFR), individual/common rights over forests for cultivation and habitation, ownership and control over minor forest produce (MFP). FRA expressly recognizes women as equal participants in decisionmaking in the Gram Sabha, and their equal ownership in individual forest rights (IFR) and CFR.
The FRA is facing serious threats arising out of a case by retired forest bureuacrats, ex-zamindars led by select wildlife NGOs in the Supreme Court and the slew of legal and policy measures initiated by MOEFCC including the proposed amendments to the Indian Forest Act, Compensatory Afforestation Fund (CAF) Act and Rules, Draft Forest Policy, exemptions from Gram Sabha consent in forest clearance, among others.

The Forest Rights Act is vital for forest and biodiversity conservation in India

There is strong consensus international law and organizations, scientists, scholars, experts and intergovernmental bodies that indigenous people (tribal peoples) and local communities are the strongest custodians of natural resources, and have a central role in stewarding environmental protection, biodiversity conservation and climate change mitigation.
This view is endorsed by the United Nations Framework Convention on Climate Change (UNFCCC), Convention on Biological Diversity (CBD), intergovernmental mechanisms like the Global Assessment Report on Biodiversity and Ecosystem Services by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services’ (IPBES), global conservation organizations like IUCN and The Nature Conservancy, among others.
There is also emerging convergence between internationally accepted conservation standards and India’s international legal obligations under the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
These universal human rights instruments, to which India is a signatory, cast a binding obligation on states to empower indigenous, tribal and semi-tribal peoples to protect, manage and conserve their customary resources in accordance with traditional knowledge and practices.
Globally, the Forest Rights Act (FRA) is seen as one of the leading examples of democratic forest reforms. It has the potential to recognize more than 40 million hectares as community-governed and conserved forests, in line with global best practices.
As per the Ministry of Tribal Affairs Status 2 Report November 2018, barely 13% of this potential has been achieved, encompassing predominantly rights over forest land for habitation and cultivation (IFR), while recognition of community forest resource rights are still ongoing.
Wherever Community Forest Resource Rights (CFR) have been properly recognized, dramatic improvements in forest conservation outcomes have been observed in studies undertaken by environmental scholars in research organizations such as Ashoka Trust for Research in Ecology and the Environment (ATREE), Centre for Science and Environment (CSE) and Tata Institute of Social Sciences (TISS).
Thousands of Gram Sabhas across districts like Gadachiroli, Gondia, Amravati etc. in Maharashtra; Narmada, Gujarat; Rajnandgaon, Chhattisgarh; Mayurbhanj, Kandhmal in Odisha; BRT Hills in Karnataka; Wayanad in Kerala have taken up the responsibility of forest and biodiversity protection in their CFRs, leading to regenerating forests, improved wildlife habitats and improved livelihoods. This win-win situation is in line with international and global recognition of the positive ecological outcomes of community-managed forests.
Similarly, MAKAAM has gathered evidences from the field that reveal wherever women have been included in decision making processes and have gained recognition as rights holders under Fra, their zeal to protect and restore the forests and ensure that the forests are not harmed or diverted for any untoward activities have increased manifold.
Women also report an improvement in the quality of life and reduction in long term migration from regions of effective implementation of the FRA. A large number of conservation scientists support Forest Rights Act for the above reasons and have articulated the same powerfully in their letter to the Ministry of Environment, Forests and Climate Change (MoEFCC) in 2016.
They described the Supreme Court’s eviction order of 13 February 2019as a deep setback for conservation in India. More than 300 scientists and academicians from across the world have signed this letter, including prominent conservationists like Dr Raman Sukumar, Dr Ravi Chellamand Dr Kamal Bawa.

Transformative potential of FRA unmet due to poor implementation

As discussed above the transformative potential of FRA to secure rights and livelihoods and achieve conservation has been met in many parts of India where FRA has been implemented properly leading to empowerment of Gram Sabhas and local communities. However, FRA continues to be plagued by challenges in implementation, primarily due to obstruction by the forest bureaucracy and marginalization of the Ministry of Tribal Affairs (MoTA) by the MoEFCC in the formulation of laws and policies relating to forests.

Study: Arbitrary rejection of forest rights claims in six states, appeal denied

An ongoing study by CFRLA in six states (Chhattisgarh, Madhya Pradesh, Jharkhand, Odisha, Maharashtra and Kerala) of more than 1,000 rejected claims in 72 villages finds large-scale violations of due process and arbitrariness in the rejection of FRA claims, where the claimants’ rights of appeal were also denied. (Click Annexure for details)
The report finds:
Interference of the Forest Department in functioning of the Gram Sabhas
Arbitrary disposal of claims by the district level committees
Claimants not informed of the rejection of their claims, or the reasons therefore,
Claimants inhibited from exercising their remedies to challenge such rejections under relevant statutes and the constitution.

These findings are also supported by review of rejected claims by various states which found that a large volume of claims them had been wrongfully rejected, as acknowledged by the MoTA, Chhattisgarh government, Gujarat High Court, among others.

The efforts to rollback Forest Rights Act

While the Governments have allocated little resources to the implementation of FRA, retired forest officers and hardcore conservation groups filed coordinated cases in the Supreme Court in 2008 to have FRA declared constitutionally invalid and strike it down.
In 2014, petitioners filed additional prayers alleging that FRA was leading to large-scale encroachments in forests citing various reports and forest department data. Even though eviction of forest-dwellers was not prayed by the petitioners, they have misled the Supreme Court into passing eviction orders which are neither supported by the Indian Forest Act or the Forest Rights Act.
The petitioner’s arguments are based on misrepresentation of data and scare-mongering, and have been extensively debunked. This order, bad in law, was passed only because neither the Central Governments nor the State governments defended the FRA seriously in the Supreme Court. Not only is there an absence of any provision or powers for eviction under FRA, it expressly protects against evictions until the due process of recognition of rights is complete. The order is based on poor quality data provided by petitioners, ignores constitutional protections, Forest Rights Act itself and violates international norms.

Impact of evictions already felt; atrocities underway

Our own study as well as state government reviews clearly show that almost all IFR rejections were procedurally wrong. It implies that without a large scale and intensive review of these rejected claims by the government, any ad hoc eviction efforts will lead to terrible injustice. The SC’s order, if implemented, would lead to the largest (and likely the most infamous) displacement of tribals and forest dwellers in name of conservation in the world history. The resultant conflicts will have deep negative impact conservation in India, while reigniting conflicts in the Indian heartlands. Therefore the order needs to be withdrawn.
The forest departments have already started evicting tribal and forest dwellers in states like Telangana and Madhya Pradesh using the pretext of the order. In Burhanpur, Madhya Pradesh, the attempted evictions were accompanied by police firing on forest-dwellers with pellet guns, seriously injuring many. These atrocities are happening even though SC order is in abeyance- one can only imagine the repression and atrocities if the stay is lifted.

Call for the government to defend the Forest Rights Act and its forest-dweller citizens

The alternative is for the Government is to strongly defend forest rights act in the SC as the core instrument of conservation and development in India. The government must make an all-out effort to implement the provisions of the Forest Rights Act on a mission mode; review rejected claims and ensure that individual and community claims are recognized; ensure that Gram Sabhas have the resources to conserve and protect forests and biodiversity while improving their livelihoods and lives.
The task or rights recognition is intensive and will require massive resources and efforts, including creating awareness amongst the tribal and forest dwellers about the law. This will be a win-win situation for both rights and for conservation.

Comments

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.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”