Community Forest Resource Rights of Tribals

In News

Recently, the tribals living in villages located in the core areas of Udanti Sitanadi Tiger Reserve, Chhattisgarh have raised a demand for the recognition of their Community Forest Resource rights.

Ongoing Issue

• Villagers’ Stand
  • In February 2021, villagers asked for the recognition of Community Forest Resource rights provided under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006.
    • Section 3 (1) (i) of FRA gives the right to protect, regenerate or conserve or manage any community forest resource which the tribals have been traditionally protecting and conserving for sustainable use.
  • Tribals have generations of knowledge about the forests and are also involved and employed by the forest department for the upkeep of the forests, which makes them eligible for raising the demand.
• Forest Officials’ Stand
  • The rights do not apply in the core areas, where even grazing is not allowed.
    • According to the Act’s Section 4 (1), notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this Act, the Central Government hereby recognises and vests forest rights under Section 3 (1) of the same Act.
  • According to them, the Act would be interpreted by the officials on the ground and giving rights to the tribals seems difficult as the management of such areas needs to be done by skilled people.

Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006

• The Act recognises the rights of the forest-dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.
• It encompasses
  • Rights of Self-cultivation and Habitation.
  • Community Rights as Grazing, Fishing and access to Water bodies in forests.
  • Habitat Rights for the Particularly Vulnerable Tribal Groups (PVTG).
  • Traditional Seasonal Resource access of the Nomadic and Pastoral community.
  • Access to biodiversity, community right to intellectual property and traditional knowledge, recognition of traditional customary rights.
  • Right to protect, regenerate or conserve or manage any community forest resource for sustainable use.
  • Rights to the allocation of forest land for developmental purposes to fulfil the basic infrastructural needs of the community.
  • In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, FRA protects the tribal population from eviction without rehabilitation and settlement.
• It also urges the Gram Sabha and rights holders to conserve and protect the biodiversity of the areas as well as to stop any destructive practices affecting these resources or the cultural and natural heritage of the tribals.
• The Gram Sabha is a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes impacting them.

Source: IE