• Administrative Apathy

Implementation of the act remains the biggest challenge as acts related to the environment are not entirely compliant with the law, illegal encroachments have happened as much as that claims have been unfairly rejected.

As tribals are not a big vote bank in most states, governments find it convenient to subvert FRA or not bother about it at all in favour of monetary gains.

• Lack of Awareness

Unawareness at the Lower level of forest officials who are supposed to help process forest rights claims is high and majority of the aggrieved population too remains in the dark regarding their rights. The forest bureaucracy has misinterpreted the FRA as an instrument to regularise encroachment instead of a welfare measure for tribals.

• Dilution of Act

Certain sections of environmentalist raise the concern that FRA bend more in the favour of individual rights, giving lesser scope for community rights. Community Rights effectively gives the local people the control over forest resources which remains a significant portion of forest revenue making states wary of vesting forest rights to Gram Sabha.

• Reluctance of the forest bureaucracy to give up control

There has been deliberate sabotage by the forest bureaucracy, both at the Centre and the states, and to some extent by big corporates. The forest bureaucracy fears that it will lose the enormous power over land and people that it currently enjoys, while the corporates fear they may lose the cheap access to valuable natural resources.

• Institutional Roadblock

Rough maps of community and individual claims are prepared by Gram Sabha which at times often lack technical knowhow and suffers from educational incapacity. Intensive process of documenting communities’ claims under the FRA makes the process both cumbersome and harrowing for illiterate tribals.

Criticism:

The law has also been the subject of considerable controversy in India. While supporting the principles of the law, forest rights supporters are not entirely satisfied with the law as finally passed. Opponents of the law claim it will lead to massive forest destruction and should be repealed.

The recommendations of a Joint Parliamentary Committee on the law were partly rejected, and supporters of forest rights have claimed that some of the rejected clauses were important. In particular, the final form of the law is said to make it easier to exclude some categories of both tribal and non-tribal forest dwellers, to have undermined the democratic nature of the processes in the Act and to have placed additional hindrances and bureaucratic restrictions on people’s rights. The Campaign for Survival and Dignity described the final form of the law as “both a victory and a betrayal” in their official statement on the occasion.

Way Forward:

The government of India views MFP rights as a means to curb Naxalism since the states most affected by Naxalism are also home to the maximum number of people dependent on forest produce. The recognition of CFR rights would shift forest governance in India towards a community conservation regime that is more food security and livelihood oriented. Large-scale awareness and information dissemination campaigns are required at local level informing both tribal and lower level officials. It is important to develop a detailed strategy of training and capacity building of people responsible for implementing the FRA, such as Panchayats, Gram Sabha, village level Forest Rights committee etc.

The relevant maps and documents should be made available to the Forest rights committee and claimants to simplify the task of the Gram Sabha in identifying and filing claims for individual and community rights. Providing clarity on the time limit for settling claims the act does not specify any time limit for resolving claims. In most of the areas, both the officials and beneficiaries are unaware of this fact. Centre should take more proactive role in pushing states to honour a law that could change the lives of millions.

Aishwarya Says:

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