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/