- On 8th Jan, at Balumath, Jharkhand, a group of 250 tribal villagers staged firm protest against the coal mining projects of Tata Steel and Adhunik Power and Natural Resources Ltd..
- They emphatically claimed that they were being forcibly denied their forest rights. Moreover they got little cooperation from local officials and were being threatened by a local pro-mining naxal outfit.
Analysis of The Recognition of Forest Rights Act (2006)
Before dwelling any further, it is necessary to disburse the presumption that in Indian context, forests are the pristine vast stretches of greenery, flora and fauna as in the case of Amazons or Africa. Rather it should be noted that a huge a chunk of tribal population live inside the areas declared in law as forests.
Lump sum purpose of the Act
- To grant ownership of those forest lands to tribal dwellers, which were already under cultivation, subject to a maximum of 4 hectares.
- To grant tribal dwellers with the usage rights of minor forest produce, grazing zones etc..
- To grant them with proper resettlement and rehabilitation in case of any kind of necessary eviction (either developmental or for conservation purposes).
- To protect forest and wildlife through community conservation programs.
Reasons behind legislation: A critical analysis.
- In India forests are mainly governed by two laws, The Indian Forest Act (1927)(IFA) and The Wildlife Protection Act(1972). The IFA empowers the government to declare any area as forest (Reserved, Protected or Village) and the WPA empowers the government to constitute any area as protected area (National Park, Sanctuary or Reserve), based on studies, reports and recommendations.
- The IFA aims to bring all forests under the centralized control of forest department and take over the lands and rights of people living over there.
- Before Independence, the justification for the Act was give as necessary step for higher timber yield, Post-independence for nation’s Industrial requirements and in current era as a necessity for conservation.
- Thus by law, a Forest Settlement Officer is supposed to survey and settle the rights of people in the area which is going to be declared forests. To no big surprise, these settlement officers either did nothing or recorded the rights of only those who were powerful.
- As a result, millions of people, mostly tribals were declared encroachers in their own homes. They became vulnerable at any time to extortion, jail, assault or eviction. Those who opposed destruction of forests due to Industries, Mining etc. were jailed or evicted.
- Moreover, the serious concern over conservation and the resultant rehabilitation of tribals was not being addressed properly.
Thus, there was need for a set of rules which could address the grievances of these troubled forest dwellers in a more comprehensive and better way. The Forest Rights Act aims at re-invigorating the lost confidence of these people in governance, administration, bring them back in the mainstream development process and help them avail their basic fundamental rights, from which they have long been denied, owing to suppression and exploitation.
Controversy and Misinterpretation:
- A huge section of Indian media and Environmentalists protested against the Forest Rights Act when it was first staged for enactment. And the reason was a gross misinterpretation of the provisions.
- It was wrongly interpreted that the FRA intends to entitle the ownership of forest lands to the tribals in huge proportions, which eventually would result in deforestation and will have devastating effects on flora and fauna.
- But it has to be understood that there is no provision for entitlement of new forest lands. Rather to grant ownership of only those lands, which are already under use. (Cultivation, grazing etc.)
- Moreover it gives communities the legal rights to prevent forests and wildlife, instead of destroying them, as presumed.
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