RIGHTS OF FOREST DWELLER
1. Context
Recently, the announcement regarding the establishment of the Thanthai Periyar Sanctuary in the Erode district of Tamil Nadu sparked concern among forest dwellers residing in its vicinity. They voiced apprehension over potential infringements upon their rights as outlined in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA). Accusations have been levelled against both district and state administrations, alleging violations of pertinent laws. The sanctuary comprises the North and South Bargur, Thamarai Karai, Ennamangalam, and Nagalur reserved forests in Anthiyur Taluk. Situated amidst the Sathyamangalam Tiger Reserve of Tamil Nadu the Male Mahadeshwara Wildlife Sanctuary and the Cauvery Wildlife Sanctuary of Karnataka, it occupies a strategic location. Notably, six tribal forest villages, lacking basic amenities due to their non-revenue village status, have been excluded from the sanctuary. These settlements, encompassing a mere 3.42 sq. km, have been subject to arbitrary delineation.
2. About forest villages
- Forest villages are settlements located within forest areas where communities traditionally reside and depend on forest resources for their livelihoods.
- In 1990, the Union Ministry of Environment and Forests (MoEF) mandated the conversion of all forest villages into revenue villages. Similarly, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (FRA) also stipulated the conversion of forest villages into revenue villages.
- This conversion process was intended to ensure that the entirety of the village land, including areas allocated for community needs such as schools and healthcare facilities, was officially recognised as part of the revenue village.
- However, despite these directives, the rights associated with this conversion have been consistently denied.
- As of 2016, Tamil Nadu recorded 736 forest villages with a population of 23,125, including 7,764 individuals from Scheduled Tribe (ST) communities.
- Nationally, there were 4,526 forest villages with a population of 22 lakh, with 13.3 lakh inhabitants belonging to ST communities. Additionally, there are numerous unrecorded forest habitats across the country.
- The notification establishing the sanctuary acknowledges that rights granted under the Tamil Nadu Forest Act 1882 and those conferred under the FRA will be preserved for the individuals concerned.
- However, Tamil Nadu has been notably slow in implementing the FRA compared to other states in the country.
3. The rights in the new Sanctuary
- In the newly established Thanthai Periyar Sanctuary, certain rights have changed. Specifically, cattle-grazing activities are no longer permitted within the sanctuary's boundaries.
- This prohibition raises concerns for Bargur cattle, a traditional breed native to the Bargur forest hills, as they may face restrictions accessing their customary grazing areas.
- In March 2022, the Madras High Court modified a previous order that had imposed a blanket ban on cattle grazing in all forests across Tamil Nadu.
- The revised ruling now limits the ban to national parks, sanctuaries, and tiger reserves. Notably, Tamil Nadu stands as the sole state in the country with such a prohibition.
- This ruling stands in contrast to the provisions of the FRA, which explicitly recognise grazing rights, including those of settled or transhumant pastoralist communities, in all forest areas, including national parks, sanctuaries, and tiger reserves.
- According to the FRA, grazing rights are considered community rights of the village-level habitation and are to be regulated by their respective gram sabhas.
- Approximately 20.3% of Tamil Nadu's land, totaling 26,419 sq. km, is designated as notified forests, with a recorded forest area slightly higher at around 23.7%.
- Additionally, about 6% of the state is classified as Protected Areas, encompassing five national parks and 34 sanctuaries, half of which are bird sanctuaries.
- Tamil Nadu has established five tiger reserves within these Protected Areas, with the newly formed Thanthai Periyar Sanctuary covering an area of 801 sq. km, joining their ranks.
4. What does the WLP Act 1972 provide?
- The Wildlife (Protection) Act (WLPA) of 1972 governs the notification of sanctuaries and national parks. Individuals residing within sanctuaries retain their existing rights unless specifically prohibited, whereas those within national parks do not.
- Once the intent to establish a sanctuary or national park is announced, no new rights are granted.
- The Collector is responsible for investigating the rights of all individuals within the proposed sanctuary or national park, including their nature and extent.
- Subsequently, the Collector's office decides whether to acknowledge claims within sanctuaries and acquire all rights within national parks.
- Similar procedures are mandated when land is initially designated as forest, although governments have often failed to adhere to these requirements.
- Despite these legal provisions, violations have become commonplace and are often overlooked by the courts.
- These infractions have deep roots within the forest department, dating back to the colonial era, with inherited tendencies perpetuated within the forest bureaucracy.
- Additionally, various laws such as the Indian Forest Act of 1927, its derivatives like the Tamil Nadu Forest Act of 1882, the Wildlife (Protection) Act of 1972, the Forest (Conservation) Act of 1980, and the Compensatory Afforestation Fund Act of 2016 are all built upon this colonial framework.
5. The establishment of the Forest Rights Act
- The establishment of the Forest Rights Act (FRA) was spurred by a nationwide outcry following a misinterpretation by the Ministry of Environment and Forests (MoEF) of a Supreme Court order in May 2002.
- This interpretation led to a directive for states to expel ineligible encroachers, including those who settled in forest lands after 1980, within a specified timeframe.
- In response to mounting pressure and acknowledging the historical injustices faced by tribal forest dwellers due to the non-recognition of their traditional rights, the MoEF, in a 2004 affidavit submitted to the Supreme Court in the case of Godavarman versus Union of India, conceded that these injustices needed to be rectified.
- Subsequently, in 2006, the Indian government passed the FRA to address this historical injustice stemming from the inadequate recognition of forest rights on ancestral lands and habitats.
- The FRA empowers and mandates gram sabhas (village councils) to identify and recognize forest rights and to safeguard and preserve forests, wildlife, and biodiversity within their customary and traditional boundaries, even within Protected Areas.
- These responsibilities were previously under the purview of the Forest Department.
6. Comparison between the Forest Rights Act (FRA) and the Wildlife (Protection) Act (WLPA)
- In comparison, the Forest Rights Act (FRA) holds precedence over the Wildlife (Protection) Act (WLPA) due to its enactment at a later date. Any provisions within the WLPA that contradict those within the FRA are rendered null and void.
- Consequently, when designating a Protected Area under the WLPA, the government is obligated to assess rights under the FRA and secure the consent of the gram sabhas (village councils).
- These requirements were explicitly incorporated into a 2006 amendment concerning the notification of tiger reserves.
- The FRA came into effect upon the notification of its Rules in January 2008. From then until 2023, the country has expanded its Protected Areas by acquiring 15,605 sq. km, encompassing nine national parks spanning 3,462 sq. km and 77 sanctuaries covering 12,143 sq. km, often disregarding the altered legal framework.
- Tamil Nadu's portion of this expansion includes 15 sanctuaries totalling 4,146.7 sq. km.
- Violations of the FRA, particularly concerning Scheduled Tribes, are considered offences under the 2016 amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
7. Tamil Nadu's implementation of the Forest Rights Act (FRA)
- Tamil Nadu's implementation of the Forest Rights Act (FRA) has been notably deficient.
- Despite the presence of 1,808 revenue villages in the state, housing numerous habitations accessing forest lands totalling 15,826.9 sq. km within revenue boundaries according to the 2011 Census, the extent of recognition and issuance of individual titles under the FRA remains alarmingly low.
- As of September 2023, the state had only recognized and granted individual titles to a mere 38.96 sq. km of forest land, representing a meagre coverage of just 0.25%.
- Additionally, while 531 community titles have reportedly been issued, the actual extent of the area covered by these titles remains unclear.
- Tamil Nadu's situation is not unique, as similar patterns of inadequate implementation can be observed across the country.
- The Ministry of Environment and Forests, along with the forest bureaucracy, persistently flout laws, parliamentary directives, and the desires of the populace, jeopardizing the welfare of forests, forest-dwellers, and wildlife alike.
8. The Way Forward
The Thanthai Periyar Sanctuary case highlights the complex interplay between conservation goals and community rights. Balancing conservation with community rights requires addressing implementation gaps and ensuring transparency. Collaborative dialogue, awareness campaigns, and holding authorities accountable are crucial for a sustainable solution.
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For Prelims: Forest Rights Act (FRA), the Wildlife (Protection) Act (WLPA), Sathyamangalam Tiger Reserve, the Male Mahadeshwara Wildlife Sanctuary, the Cauvery Wildlife Sanctuary, Thanthai Periyar Sanctuary, Indian Forest Act of 1927, Tamil Nadu Forest Act of 1882, the Wildlife (Protection) Act of 1972, the Forest (Conservation) Act of 1980
For Mains:
1. Critically examine the conflict between conservation goals and community rights in protected areas. How can a sustainable balance be achieved between these competing interests? (250 Words)
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Previous Year Questions
1. Which of the following statements about tropical rainforests are correct? (UPSC CAPF 2021)
1. The soils of tropical rainforests are quite infertile.
2. The vegetation is evergreen, enabling photosynthesis to take place year around.
3. They have been described as 'deserts covered by trees'.
4. They are the most productive land-based ecosystem.
Select the correct answer using the code given below.
A. 2 and 4 only B. 1, 3, and 4 only C. 1, 2, and 3 only D. 1, 2, 3 and 4
2. "If rainforests and tropical forests are the lungs of the Earth, then surely wetlands function as its kidneys." Which one of the following functions of wetlands best reflects the above statement? (UPSC 2022)
A. The water cycle in wetlands involves surface runoff, subsoil percolation, and evaporation.
B. Algae form the nutrient base upon which fish, crustaceans, molluscs, birds, reptiles, and mammals thrive.
C. Wetlands play a vital role in maintaining sedimentation balance and soil stabilization.
D. Aquatic plants absorb heavy metals and excess nutrients.
3. If the tropical rainforest is removed, it does not regenerate quickly as compared to the tropical deciduous forest. This is because (UPSC 2011)
A. The soil of rain forest is deficient in nutrients.
B. propagules of the trees in the rainforest have poor viability.
C. The rainforest species are slow-growing.
D. exotic species invades the fertile soil of rain forest.
4. Consider the following States:
1. Arunachal Pradesh
2. Himachal Pradesh
3. Mizoram
In which of the above States do 'Tropical Wet Evergreen Forests' occur? (UPSC 2015)
A. 1 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
5. The Ministry of Environment, Forest and Climate Change recently published the draft Environment Impact Assessment (EIA) Notification, in 2020. Which of the following statements is correct about EIA? (Punjab Civil Service 2020)
1. It predicts the effect of a proposed industrial/infrastructural project on the environment.
2. It prevents the proposed activity/project from being approved without proper oversight or taking adverse consequences into account.
3. It compares various alternatives for a project and seeks to identify the one which represents the best combination of economic and environmental costs and benefits.
4. As per the new notification, Coal and non-Coal mineral prospecting and solar photovoltaic projects do not need prior environmental clearance.
Select the correct answer using the code given below:
A. Only 1 and 2 B. Only 2, 3 and 4 C. Only 1, 2 and 3 D. Only 1, 2 and 4
6. With reference to the Bombay Natural History Society (BNHS), consider the following statements: (UPSC 2014)
1. It is an autonomous organization under the Ministry of Environment and Forests.
2. It strives to conserve nature through action-based research, education, and public awareness.
3. It organizes and conducts nature trails and camps for the general public.
Which of the statements given above is/are correct?
A. 1 and 3 only B. 2 only C. 2 and 3 only D. 1, 2 and 3
7. Consider the following statements: (UPSC 2019)
1. As per law, the Compensatory Afforestation Fund Management and Planning Authority exists at both National and State levels.
2. People's participation is mandatory in the compensatory afforestation programmes carried out under the Compensatory Afforestation Fund Act, 2016.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
8. Consider the following States: (UPSC 2019)
1. Chhattisgarh
2. Madhya Pradesh
3. Maharashtra
4. Odisha
With reference to the State mentioned above, in terms of the percentage of forest cover to the total area of the State, which one of the following is the correct ascending order?
A. 2-3-1-4 B. 2-3-4-1 C. 3-2-4-1 D. 3-2-1-4
9. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006? (UPSC 2021) (a) Ministry of Environment, Forest and Climate Change
10. A particular State in India has the following characteristics: (UPSC 2012)
Which one among the following States has all the above characteristics? (a) Arunachal Pradesh (b) Assam (c) Himachal Pradesh (d) Uttarakhand
11. Consider the following statements: (UPSC 2019)
1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.
2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the statement given above is/are correct?
A. 1 and 2 only B. 2 and 3 only C. 3 only D. 1, 2 and 3
12. The Indian Forest Act 1927 was enacted after repealing which of the following Indian forest acts? (SSC CGL 2021)
A. Indian Forest Act, 1922
B. Indian Forest Act, 1878
C. Indian Forest Act, 1865
D. Indian Forest Act, 1882
13. In which year Forest Conservation Act was passed? (UPTET 2019)
A. 1986 B. 1990 C. 1980 D. 1988
14. The government of India encourage the cultivation of 'sea buckthorn'. What is the importance of this plant? (UPSC 2012)
1. It helps in controlling soil erosion and in preventing desertification.
2. It is a rich source of biodiesel
3. It has nutritional value and is well-adapted to live in cold areas of high altitudes.
4. Its timber is of great commercial value.
Which of the statements given above is/are correct?
A. 1 only B. 2, 3 and 4 only C. 1 and 3 only D. 1, 2, 3 and 4
15. With reference to ‘Forest Carbon Partnership Facility’, which of the following statements is/are correct? (UPSC 2015)
Select the correct answer using the code” given below. (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3 Answers: 1-D, 2-D, 3-A, 4-C, 5-D, 6-C,7-A, 8-C, 9-D, 10-A, 11-B, 12-B, 13-C, 14-C, 15-C,
Mains1. What are the consequences of Illegal mining? Discuss the Ministry of Environment and Forests’ concept of GO AND NO GO zones for coal mining sector. (UPSC 2013)
2. Examine the status of forest resources of India and its resultant impact on climate change. (UPSC 2020)
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Source: The Hindu
