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FOREST RIGHTS ACT

Given the conventional conservation


Biodiversity Conservation and discourse that local ways of use of for-
ests and conservation cannot coexist,
Forest Rights Act there was and continues to be much
opposition to the implementation of the
FRA from conservationist groups.
Neema Pathak Broome, Nitin D Rai, Meenal Tatpati
Conservationists Opposition

T
Several wildlife groups have he conservation model in India Soon after the rules of the act were noti-
opposed the Forest Rights Act has been top down, bureaucratic fied, writ petitions against the FRA were
and arbitrary. The Indian Forest filed in the high courts of Andhra
as being anti-conservation.
Act (IFA) first enacted in 1865 estab- Pradesh, Odisha, Tamil Nadu, Maha-
However, field experience lished state control over forests, primar- rashtra and Madhya Pradesh (mostly by
indicates that the act can and is ily used by the colonial government for retired forest officials) and in the Su-
being used by local communities extraction of timber. This centralised preme Court (by a group of prominent
control of forests continued and even in- wildlife non-governmental organisa-
for arresting biodiversity decline
tensified under the independent Indian tions (NGOs)) on the grounds that the act
by opposing the diversion of state, where forests were either diverted was unconstitutional; the existing IFA
forests to mega-development for developmental purposes or designated and WLPA provided adequate protection
projects and by using situated as protected areas to meet international to local people; recognition of the rights
conservation goals. The primary instru- of forest dwellers would increase en-
knowledge and values to bring
ment for the latter has been the Wildlife croachment on forestland due to false
about conservation. Protection Act (WLPA) 1972. claims; and that the passing of the act
The model of conservation enshrined had been carried out in haste and
in the WLPA is premised on creating without adequate thought being applied
human-free zones for the protection of to the impact of the FRA on forests and
rare species based on the erroneous wildlife. While most petitions have
notion that local people are the prime been dismissed by the high courts, the
drivers of wildlife decline. While such Supreme Court has transferred the
protected areas approach has been suc- remaining cases to itself and is currently
cessful to some extent in protecting cer- hearing the cases together (Forest Cam-
tain species, it has done so at the cost of paign 2017).
the cultural, economic, social and politi- The state, too, has made efforts at
cal rights of communities living in these obstructing the implementation of FRA,
areas (Pathak Broome et al 2014). A particularly by attempting to dilute
2009 estimate suggested that about those provisions of the act that mandate
1,00,000 families have been displaced seeking consent of affected gram sabhas
over the last three or four decades from for diverting forests towards non-forestry
protected areas (Lasgorceix and Kothari purposes (Sethi 2013, 2016; Sahu et al in
2009). Given the reports of ongoing relo- this issue). Most recently, the National
cations across the country over the last Tiger Conservation Authority (NTCA)
decade, this figure could only have in- has issued a blatantly illegal order, vio-
creased. Thus, by actively alienating lo- lating not only the FRA but also the
cal people, the WLPA furthered the mar- WLPA, by stating that no rights should be
ginalisation of forest dwellers while ig- granted in tiger reserves under the FRA.1
noring the real reasons for wildlife pop- A growing body of research and dis-
ulation decline. These include intensive course, within conservation organisa-
hunting of tigers and other large ani- tions, recognise that a sustainable and
mals by British and local rulers in the effective protection of sensitive ecosys-
past, and a decline in wildlife habitat tems requires the democratic involve-
Neema Pathak Broome (neema.pb@gmail.com)
due to continuous large-scale diversion ment of those who live in and depend on
and Meenal Tatpati (meenaltatpati@gmail.com) of forests for agriculture, dams, and those ecosystems as legally empowered
are with Kalpavriksh, Pune. Nitin D Rai mining. A long struggle against such ex- rights holders. This has also been recog-
(nitinrai@atree.org) is a fellow at the Ashoka clusionary forest policies and conserva- nised in the Convention on Biological-
Trust for Research in Ecology and the tion practices resulted in the enactment Diversity (CBD), particularly in its Pro-
Environment, Bengaluru.
of the Forest Rights Act (FRA), 2006. gramme of Work on Protected Areas
Economic & Political Weekly EPW JUNE 24, 2017 vol lIi nos 25 & 26 51
FOREST RIGHTS ACT

(PoWPA) (Pathak Broome 2016). React- practices affecting the cultural and nat- and ordered that forests could be divert-
ing to efforts that seek the dilution and ural heritage; and empowers them to ed for mining only if the gram sabhas of
obstruction of FRA, 22 prominent wild- stop any activity which adversely af- the local Dongria Kond community gave
life experts and conservationists wrote fects the wild animals, forests and bio- their consent (Orissa Mining Corpora-
to the minister of environment, forest, diversity. These two powers have been tion v Ministry of Environment and Forest
and climate change in 2016, saying that further reinforced by a government and Ors 2013). The Courts judgment de-
undermining the FRA will greatly dam- circular (MoEF 2009). This circular scribed the FRA as strengthening the
age environmental protection and ask- makes it mandatory for the processes of entire conservation regime in India.
ing him to ensure that the implementa- recognition of forest rights under FRA to Subsequently, many other communities
tion of and respect for FRA is a top pri- be completed, and the informed consent across India, resisting forest diversion,
ority (Kalpavriksh 2016a). Subsequently, of the affected gram sabhas sought have used these provisions and the
40 environmental organisations and before diverting forests for non-forestry Supreme Court order. These include com-
experts, from over 20 countries, issued purposes. The circular also mandates munities of the Kashang valley in Him-
a statement in support of this letter consent for compensatory and ameliora- achal Pradesh (Aggarwal 2016), Mahan
(Kalpavriksh 2016b). tive measures associated with such forests of Madhya Pradesh (Pioneer
This article argues that by recognising diversion of forests. The next section 2014), the Lepcha and Monpa communi-
and vesting forest rights to local people, details how these provisions concerning ties in the Dongzu valley of Sikkim (Lep-
the FRA empowers forest dwelling com- management and diversion are being cha 2016) and Nyamjang-Chuu valley in
munities to manage natural resources used on the ground by local communities Arunachal Pradesh (Personal communi-
and conserve biodiversity. Additionally, towards achieving conservation goals. cation with Save Mon Region Federa-
by envisaging and providing for local tion)5 respectively.
stewardship of forests, it creates a possi- Protection from Diversion Elsewhere, communities have been
bility of collaboration between local peo- The governments own data shows that less successful only because the central
ple, state agencies and other actors, on 14,00,000 ha of forests have been di- and state governments have actively un-
equal terms. The FRA vests a particularly verted since 1980 for non-forestry pur- dermined these provisions. District ad-
significant right to forest dwellers, namely poses, mainly for mining, defence pro- ministrations have held false gram
the right to protect, regenerate or con- jects, and hydroelectric projects. In re- sabhas, gram sabhas have been threat-
serve or manage any community forest sponse to a query in Parliament in 2016, ened, and/or the Forest Advisory Com-
resource2 which they have been tradi- it was officially accepted that up to mittee (FAC)6 has not considered gram
tionally protecting or conserving for sus- 25,000 ha of forests are being diverted sabha rejections in their decision-making.
tainable use. This grants local institu- every year for non-forestry activities.4 It In an extreme case, such as that of the
tions the opportunity to define conser- has also been argued that the process of Hasdeo Arand forests in Chhattisgarh, a
vation according to their customary and clearing projects is non-transparent, lease was granted for coal mining in
historically informed understanding and non-consultative, and without the con- 2012, and local communities had filed
practice. Additionally, the FRA empow- sent of the communities who depend on their claims for these forests as their tra-
ers communities to protect forests, these lands and resources. There are ditional community forest resources
wildlife and biodiversity, and to ensure hundreds of examples of local communi- (Choudhury 2015). While their commu-
protection of catchments, water sources ties resisting such diversion of forests. nity forest resource (CFR) rights had
and other ecologically sensitive areas. The Madia Gonds in Gadchiroli are resi- been recognised in 2013, they were sub-
The amended FRA rules of 2012 elabo- sting the diversion of 15,000 ha of dense sequently cancelled in 2016, although
rate on the constitution of committees forests for 25 different mining projects there is no provision in the FRA or in any
for communities to undertake these fun- in the district (Dahat 2017). Communi- other law for these rights to be cancelled.
ctions as well as prepare conservation ties in Murbad taluka of Maharashtra The community has since appealed the
and management plans for community continue their protest against Kalu Dam, cancellation in the Chhattisgarh high
forest resources.3 being constructed to provide water to court and the forest clearance in the
The FRA also serves as a crucial barri- Mumbai city, which will inundate land- National Green Tribunal.
er to one of the main drivers of biodiver- scapes that these communities live and Another form of forest diversion is
sity decline in India, namely, the diver- depend upon (Tatpati nd). when forestry operations by the forest
sion of forests for developmental pur- The provisions of the FRA for the first department lead to clear-felling of the
poses. Under the Forest (Conservation) time have given such communities a legal forest. Such operations, while providing
Act, 1980 (FCA) such diversion was to be instrument to prevent state-sanctioned daily wage labour to some local commu-
entirely decided upon by state constitut- deforestation. Gram sabhas have been nities, have often led to the disruption of
ed agencies and institutions. The FRA able to use these clauses with variable existing patterns of resource use by local
changes this by also empowering forest degrees of success. A leading example people (Guha 1994). The enactment of
dwelling communities to preserve their emerged in the Niyamgiri case of Odisha the FRA has legitimised the resistance
habitat from any form of destructive in which the Supreme Court upheld FRA of communities against monoculture
52 JUNE 24, 2017 vol lIi nos 25 & 26 EPW Economic & Political Weekly
FOREST RIGHTS ACT

plantations, clear-felling of dense old- important non-timber forest produce In Yawal wildlife sanctuary in north
growth forests by the Forest Develop- earning substantial revenue. They have Maharashtra, the local tribal sangathan
ment Corporations (FDC), and commer- done this to reduce forest fires, allow for (association) is using FRA along with
cial forestry operations in traditional regeneration, and provide tendu fruits other relevant acts to initiate a number
forests, which deplete biodiversity and for wildlife. In addition to devising rules of social, ecological and economic pro-
threaten food security. Examples in- and regulations of use for their 2,487 cesses in villages in and around the
clude the forest-dwellers of Chilapata in acres of community forest resources, the sanctuary. Interestingly, the Yawal wild-
the North Bengal Dooars (foothills of the village also protects 85 acres as a strict life sanctuary has been regularly in
eastern Himalayas);7 the Baiga commu- protected zone for wildlife. Inspired by the news for allegations of large-scale
nity in a few villages of Dindori district, these villages, gram sabhas that have re- forestland occupation post-FRA enact-
Madhya Pradesh (Kothari and Desor ceived CFR rights in the buffer zone of ment. Yet, Yawal is where a collective
2013); the Kutia Kondh community in Tadoba Tiger Reserve are now in the process by local gram sabhas, local trib-
Rayagada district, Odisha (Abrol 2016), process of devising similar conservation al sangathans, and forest and other gov-
and dozens of villages in Gadchiroli and management plans. ernment departments, has led to reduc-
and Chandrapur districts of Maharash- The FRA offers the chance to rethink tion in recent forestland occupations af-
tra (Agar wal 2016a). wildlife conservation approaches in pro- ter the land and forest rights claims of
tected areas too, by making local com- the local people were filed and recog-
Local Governance munities rights-holders in the forest. nised (Pathak-Broome 2013). Fifty-eight
There is a growing literature on the posi- However, the implementation of the FRA villages within Shoolpaneshwar Wild-
tive conservation and livelihood out- in protected areas has been dismal, with life Sanctuary have received community
comes from the decentralisation and active attempts to stall the implementa- forest resource titles to about 40,000 ha
local control of environmental resourc- tion, like the recent NTCA order. The few constituting 65% area of the sanctuary
es. Mendha-Lekha village in Gadchiroli and far examples of protected areas, in (Mehta and Mehta 2016). In many of
district of Maharashtra, where self-rule which gram sabhas have claimed and these villages, community forest re-
and forest conservation date back a few received rights, suggest that local people source management committees have
decades (Pathak and Gour-Broome 2001), continue to fight for their rights. In the been formed, and are currently in the
was one of the first villages to have Eastern Ghats, 21 villages inside Simli- process of drafting management plans
claimed and received CFR rights over pal Tiger Reserve have prepared com- and rules and regulations, while earning
1,800 ha of forests. While initiating a munity-led conservation and manage- livelihoods from the extraction of dry
forest governance and management sys- ment plans over the CFR rights recog- bamboo.
tem, the village set aside 10% of forest nised in April 2013 (Agarwal 2016b). The
area for wildlife, compiled a community plans rely on traditional methods of Conclusions
biodiversity register, and for livelihood water diversion for agriculture, planta- While the FRA was initially conceived as
have decided to carry out forest man- tion of fruit-bearing trees, and ecological a legislation aimed at giving forest
agement activities (soil and water con- monitoring of their community forest re- dwellers rights that they had been his-
servation, mulching for bamboo, etc) in- sources. This is one of the few examples torically denied, the examples provided
stead of heavy extraction of resources. in the country where the district admin- above, few as they are, do give us a sense
In Maharashtras Amravati district, near istration is supporting the process. In of what is possible should the FRA be
the Melghat Tiger Reserve, Payvihir vil- contrast, in Biligiri Rangaswamy Temple implemented more thoroughly. These
lage claimed and received community (BRT) Tiger Reserve in Karnataka, 32 examples only add to similar experienc-
forest resource titles in 2012. Subsequent gram sabhas of the Soliga tribe received es from other countries illustrating posi-
forest management and governance led their community forest resource titles in tive conservation outcomes when peo-
to uniting a conflict-ridden village to- 2011, covering nearly 60% of the sanct- ples rights to govern, manage and use
wards an envisioning and planning pro- uary (Pallavi 2013). These settlements their local landscapes are recognised.
cess which led to regenerated forests, re- came together to formulate a tiger con- Many such efforts of community-based
turn of wildlife, and livelihoods through servation plan, and identify habitats of conservation have de facto existed
forest-based activities, including the sale critical importance for tigers and other across the country (Pathak 2009), and
of custard apple and tendu patta (Dahat animals. The plan has not been recog- with the implementation of FRA they get
2013). Pachgaon village in Chandrapur nised by the forest department nor have legal recognition and support. Amongst
district of Maharashtra, after receiving the remaining gram sabhas in the wild- the biggest conservation gains from the
CFR rights in 2012, has also been nearly life sanctuary received their community FRA are those that stymie the wide-
self-sufficient in generating local liveli- rights (Madegowda et al 2013). Official spread statesponsored and supported
hood from regulated bamboo harvests. records of BRT show that the tiger popu- diversion of forests. These examples also
To maintain the diversity of their forests lation has continued to increase even show that there is little basis for the idea
the villagers decided not to harvest after Soliga tribals individual and com- that conservation and peoples use of
tendu patta8 that was traditionally an munity rights have been recognised.9 forests do not go together. On the
Economic & Political Weekly EPW JUNE 24, 2017 vol lIi nos 25 & 26 53
FOREST RIGHTS ACT

contrary, ecosystems that have been Aggarwal, M (2016): NGT Stops Work on MoEF (2009): Diversion of Forestland for Non-for-
Himachal Pradesh Hydroelectric Project, Live est Purposes under the Forest (Conservation)
managed and used by local people are Mint, 6 May, http://www.livemint .com/Poli- Act, 1980: Ensuring Compliance of the Sched-
the ones that are today identified as tics/k8MMZOnehMDsl3RIhIMOIK/NGT-stops uled Tribes and Other Traditional Forest
-work-on-Himachal-Pradesh-hydro-electric- Dwellers (Recognition of Forest Rights) Act
zones of high biodiversity. The FRA project.html. 2006, Circular No: F No 119/1998FC (pt),
could, therefore, provide the legal space CFRLA (2016): Promise and Performance: Ten Ministry of Environment and Forests (FC Divi-
Years of the Forest Rights Act in India, Com- sion), Government of India, New Delhi.
to return entire landscapes to their his- munity Forest RightsLearning and Advocacy
Orissa Mining Corporation v Ministry of Environ-
torical use regimes and for local people Process, www.cfrla.org.in.
ment and Forest and Ors (2013): Writ Petition
Choudhury, C (2015): Not Just a Coal Block, Peo-
to use their situated knowledges to man- ples Archive of Rural India, 2 January, https://
(Civil) No 180 of 2011, Judgment by Supreme
age and conserve ecosystems. ruralindiaonline.org/articles/not-just-a-coal- Court dated 18 April.
block-hasdeo-arand/. Pallavi, A (2013): Court Upholds Soliga Tribes
Dahat, P (2013): A New Turn for Tendu, Hindu, Community Forest Rights, Down to Earth,
Notes 23 May, http://www.thehindu.com/news/na- http://www.downtoearth.org.in/news/ court-
tional/other-states/a-new-turn-for-tendu/arti- upholds-soliga-tribes-community-forest-rights
1 The order can be accessed here: http://fra.org.
in/ASP_OrderCiculars_UploadFile/%7B87628 cle4739840.ece. --41256.
850-a404-4179-b843-aba8f1b37c2e%7D_Con- (2017): Villagers Protest Mining in Gadchiroli, Pathak, N and V Gour-Broome (2001): Tribal Self
ferring%20rights%20under%20FRA%20in% Hindu, 26 January, http://www.thehindu.com Rule and Natural Resource Management:
20critical%20tiger%20habitats_28th%20 /news/national/other-states/Villagers-protest Community Based Conservation at Mendha
Mar17.pdf. -mining-in-Gadchiroli/article 17094501.ece. Lekha, Pune: International Institute for Envi-
2 Here, community forest resource is defined as Forest Campaign (2017): Supreme Court Declines ronment and Development and Kalpavriksh.
customary common forestland within the cus- Attempt to Get FRA Struck Down, The Forest Pathak, N (2009): Community Conserved Areas in
tomary or traditional boundaries of the village Rights Act, 31 March, https://forestrightsact. India: A Directory, Pune: Kalpavriksh, https://
or seasonal use of landscape in the case of pas- com/2017/03/31/281/. www.researchgate.net/publication/25828
toral communities, including reserved forests, GoI (nd): State-wise Summary of FCA Projects, 5917_Community_Conserved_Areas_in_India
protected forests and protected areas e-Green Watch, Ministry of Environment and _-_An_Overview.
3 A guideline on the management of community Forests, and National Informatics Centre, Gov-
Pathak Broome, N (2013): On-site Research in
forest resources has been issued by the Minis- ernment of India, New Delhi, http://egreen-
Yawal Wildlife Sanctuary, Jalgaon, Maharash-
try of Tribal Affairs. It can be accessed at: watch.nic.in/FCAProjects/Public/Rpt_State_
Wise_Count_FCA_projects.aspx. tra (unpublished field notes).
http://fra.org.in/ASP_OrderCiculars_Upload
File/%7B251045ea-c745-4af0-9f75-7413d4a95 Guha, R (1994): Colonialism and Conflict in the (2016): Draft Wildlife Action Plan National
636%7D_Circular%20on%20CFR%20Manage- Himalayan Forest, Social Ecology, R Guha Laws and International Obligations, Economic
men%20Updatet.pdf. (ed), pp 275302, Delhi: Oxford University & Political Weekly, Vol 51, No 40, pp 1620.
4 See www.ercindia.org. Press. Pathak, Broome, N, S Desor, A Kothari and A Bose
5 Villages in the Tawang valley, over which the Kalpavriksh (2016a): Open Letter: Request to MoEF (2014): Changing Paradigms in Wildlife Con-
dam is going to be built, have passed resolu- to Ensure that the FRA is Implemented and its servation in India, Democratising Forest Gov-
tions against the project stating that their Integrity Upheld as a Vital Measure for Con- ernance in India, S Lele and A Menon (eds),
rights under the FRA have not been recognised. servation, Kalpavriksh, http://www.kalpavri pp 181221, Oxford University Press.
6 The Forest Advisory Committee (FAC) has ksh.org/index.php/13-home/405-open-letter- Sethi, N (2013): Tribals Consent on Forest land
been set up under Sec 3 of the Forest Conserva- request-to-moef-to-ensure-that-the-fra-is-im- only in Exceptional Case: Government, Times
tion Act to advise the central government on pleme nted-and-its-integrity-upheld-as-a-vital- of India, http://timesofindia. indiatimes.com/
giving clearances for the diversion of forests to measure-for-conservation. home/environment/developmental-issues/
non-forest purposes and in other matters relat- (2016b): Endorsement of Request by Indian Tribals-consent-on-forestland-only-in-excep-
ed to conservation which the central govern- Conservationists to Uphold and Implement tional-cases-Govt/articleshow/18523255.cms.
ment will bring to its notice. Indias Forest Rights Act, 2006, Kalpavriksh,
(2016): Taking Consent from Tribal Gram Sab-
7 The Range Forest Officer of Moraghat Range in http://www.kalpavriksh.org/index.php/13-
Jalpaiguri issued a letter to the gram sabha of has Is Not Practical: Anil Madhav Dave, Busi-
home/ 408-international-conservation-organi-
Khairbari village to seek permission to carry sations-endorse-indian-conservation-groups- ness Standard, 5 October, http://www.busi-
out logging operations in the forests protected appeal-to-the-minister-of-environment-and-for- ness-standard.com/article/current-affairs/will-
by the community under the FRA. The commu- ests-to-uphold-and-support-the-forest-rights-act. change-forest-and-wildlife-laws-to-make-our-
nity refused to grant permission (Letter No 26/ Kothari, A and S Desor (2013): Baigas Battle, forests-productive-anil-m-dave-116100400125_
MGT5 from the Range Manager, Moraghat Frontline, 17 May, http://www.frontline.in/en- 1.html.
(Logging) Range, Jalpaiguri, to the Secretary vironment/conservation/baigasbattle/article Tatpati, M (nd): Assertion of Rights: Using the Forest
and President of North Khairbari Gram Sabha, 4653458.ece?homepage=true. Rights Act, 2006 to Safeguard Community For-
Jalpaiguri, dated 6 March 2014; copy available Lasgorceix, A and A Kothari (2009): Displacement ests, Kalpavriksh and Greenpeace, unpublished.
with authors). and Relocation of Protected Areas: A Synthesis Pioneer (2014): Mahan Villagers File Claim for
8 Tendu or Diospyros melanoxylon leaves are and Analysis of Case Studies, Economic & Right Over Forests, 8 August, http://www.
used for making bidi (local Indian cigarettes). Political Weekly, Vol 44, No 49, pp 3747. dailypioneer.com/state-editions/bhopal/ma-
9 Survival International studied classified files of Lepcha, G (2016): Now It Is Loud and Clear that han-villagers-file-claim-for-rights-over-forests.
the National Tiger Conservation Authority dur- Dzongu No More Want Dam, Facebook, 25 No- html.
ing 201014, when the tiger numbers doubled vember, https://www.facebook.com/gyatso.
in the sanctuary. See: http://www.survivalin- lepcha.3?fref=ts.
ternational.org/news/11004.
Madegowda, C, N Rai and S Desor (2013): BRT
Wildlife Sanctuary, Karnataka, Community Attention ContributorsI
Forest Rights under the Forest Rights Act: Citi-
References zens Report 2013, S Desor (ed), Kalpavriksh,
Abrol, P (2016): Listening to the Bejuni, Peoples Pune and Vasundhara, Bhubaneswar with Ox- The EPW has been sending reprints of articles to
Archive of Rural India, 8 December, https://ru- fam India, New Delhi, on behalf of Community
Forest RightsLearning and Advocacy Process,
authors. We are now discontinuing the practice.
ralindiaonline.org/articles/listening-to-the-
bejuni/. http://fra.org.in/document/Community%20 We will consider sending a limited number of
Agarwal, S (2016a): Planting Problems, Down to Forest%2 0Rights%20under%20FRA%20Citi-
reprints to authors located in India when they
Earth, 15 November, http://www.downto earth. zens%20Report%202013.pdf.
org.in/news/planting-problems-56169. Mehta, T and A Mehta (2016): Gujarat Scheduled make specific requests to us.
(2016b): 21 Villages Inside Similipal Tiger Re- Areas of Eastern Tribal Belt: Promise and Perfor-
serve Granted Community Forest Rights, mance of Forest Rights Act: The Tenth Anniver- We will, of course, continue to send a copy of the
Down to Earth, 25 March, http://www.down- sary Report, Community Forest RightsLearn- print edition to all our authors whose contributions
toearth.org.in/news/21-villages-inside-simli- ing and Advocacy Process, http://www.cfrla.
pal-tiger-reserve-granted-community-forest- org.in/resources/Gujarat%20Report-%2007 appear in that particular edition.
rights-53296. Dec16.pdf.

54 JUNE 24, 2017 vol lIi nos 25 & 26 EPW Economic & Political Weekly

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