FOREST PROTECTION ACT:
ENVIRONMENT
NEWS:  Centre’s
tribal ministry asks states to explain forest dwellers’ evictions from tiger
reserves
 
WHAT’S IN THE NEWS?
The Ministry of Tribal
Affairs has directed states to establish mechanisms to ensure compliance with
the Forest Protection Act and address grievances of forest-dwelling
communities, especially in tiger reserves. Complaints regarding unlawful
eviction of forest-dwelling communities have prompted the Ministry to seek reports
on the status of forest rights claims and related processes.
 
1. Unlawful Eviction
of Forest-Dwelling Communities:
Concerns Raised by Communities:
 - The
     Ministry of Tribal Affairs has received complaints from several villages
     situated in tiger reserves across Madhya Pradesh, Maharashtra, and West
     Bengal. These complaints highlight the pressure faced by local communities
     to vacate their traditional lands. 
 
 - The
     communities allege that these evictions are happening without due
     recognition of their rights under the Forest Rights Act (FRA) and
     the Wildlife Protection Act.
 
 
Government
Intervention:
·        
In response to these concerns,
the Ministry has directed the concerned state governments to set up an institutional
mechanism to ensure that the Forest Protection Act is adhered to and
that grievances related to forced evictions are addressed promptly. This step
aims to ensure the protection of rights for these communities, which are deeply
intertwined with forest resources for their livelihood and culture.
 
2. Forest Rights Act
(FRA) and Protection of Rights:
Recognition of Rights Under FRA:
 - The FRA,
     enacted in 2006, aims to recognize and grant forest rights to the
     tribal and forest-dwelling communities who have traditionally lived in
     these areas. The Act acknowledges both individual and community rights
     over forest land and resources, including rights to self-cultivation,
     grazing, fishing, and access to water bodies in
     forests. Additionally, it also safeguards habitat rights for Particularly
     Vulnerable Tribal Groups (PVTGs) and provides traditional seasonal
     resource access for nomadic and pastoral communities.
 
 
Protection from Eviction:
 - A
     critical aspect of the FRA is the provision that forest-dwelling
     communities cannot be evicted from their land without recognizing
     their rights under the Act. The FRA also mandates that, in case of
     evictions for developmental purposes or other reasons, fair
     compensation and rehabilitation must be provided to these communities.
 
 
Role of Gram Sabha:
 - The Gram
     Sabha, or village assembly, plays a pivotal role under the FRA. It is
     entrusted with the responsibility of implementing the Act at the
     grassroots level, including recognizing forest rights, ensuring
     the protection of forests, and resolving disputes. It also
     empowers the forest-dwelling communities to have a decisive say in local
     policies and schemes impacting them.
 
 
3. Challenges in
Implementing the Forest Rights Act:
 - Bureaucratic Delays and
     Resistance:
     One of the key hurdles in the implementation of the FRA is the bureaucratic
     delay. Many states and local governments face challenges in managing
     the complex documentation and verification processes
     required to recognize forest rights. Additionally, forest officials
     often show resistance to the Act, fearing a loss of control over
     forest resources and conflicting interests between conservation and
     community rights. 
 - Awareness and Land Title
     Issues:
     Many tribal communities are not fully aware of the rights granted to them
     under the FRA. The lack of knowledge about how to file claims,
     coupled with inaccurate land records, further complicates the
     process. Disputes over land ownership or unclear land titles make it
     difficult to grant rights effectively. 
 - Displacement and Forced
     Evictions:
     Eviction from protected areas, particularly tiger reserves,
     has been a significant challenge. These evictions are often carried out
     with an emphasis on conservation while sidelining the rights of the
     forest-dwelling communities. However, under the FRA, such evictions are
     illegal unless the rights of the community are first recognized and
     appropriate compensation is provided. 
 - Ineffectiveness of Forest
     Rights Committees (FRCs):
     The Forest Rights Committees (FRCs), responsible for recognizing
     and managing claims at the village level, often function ineffectively.
     This inefficiency is due to factors like lack of training, political
     interference, and insufficient resources. These committees are
     crucial for streamlining the implementation of the Act but often face
     significant hurdles. 
 
4. Way Forward:
Ensuring Effective Implementation of FRA:
 - Enhance Awareness and
     Educate Communities:
     There is a need for large-scale awareness campaigns to educate
     forest-dwelling communities about their rights under the FRA. Such
     campaigns should emphasize the importance of filing claims, the process of
     recognition, and how to seek redressal in case of grievances. 
 - Streamlining Claim
     Processes:
     The process of claim verification and the issuance of land
     titles should be simplified to avoid delays. Governments should
     prioritize the demarcation of land, resolving disputes, and issuing
     clear titles to rightful claimants. 
 - Fostering Cooperation
     Between Forest Officials and Communities:
     A balanced approach should be adopted by forest authorities, focusing on cooperation
     with local communities rather than enforcing top-down conservation
     strategies. Training forest officials on the FRA and its implications can
     help bridge the gap between conservation objectives and the rights of
     local communities. 
 - Updating and Digitizing
     Land Records:
     The accuracy of land records needs to be improved to facilitate the
     recognition of rights. Governments should employ technology and
     digitization to resolve disputes and streamline the mapping of forest
     land and resources. 
 - Preventing Unlawful
     Displacement:
     Forced evictions, especially in protected areas like tiger
     reserves, should be prevented. It is crucial to prioritize the
     protection of forest-dwelling communities' rights before taking any
     action for conservation or land diversion. 
 - Monitoring and Evaluation
     of FRA Implementation:
     There should be a transparent monitoring mechanism to track the
     implementation of the FRA. Regular evaluations can help identify
     bottlenecks in the system and ensure that issues are addressed in a timely
     and effective manner. 
 
Source: https://indianexpress.com/article/india/centre-asks-states-to-create-mechanism-for-compliance-with-forest-rights-act-9777367/lite/