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Community Forest Resource (CFR) Rights

Posted on May 30, 2022 by admin1  1114

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Recently, the Chhattisgarh government has become only the second state in the country to recognise Community Forest Resource (CFR) rights of a village inside a national park.

Community Forest Resources (CFR)

  • About: The CFR area is the common forest land that has been traditionally protected and conserved for sustainable use by a particular community. 
  • Use: The community uses it to:
    • Access resources available within the traditional and customary boundary of the village; and 
    • For seasonal use of landscape in case of pastoralist communities.
  • Boundary: Each CFR area has a customary boundary with identifiable landmarks recognised by the community and its neighbouring villages. 
  • Includes: It may include forest of any category:
    • Revenue Forest, 
    • Classified & Unclassified Forest, 
    • Deemed Forest, 
    • DLC Land, 
    • Reserve Forest, 
    • Protected Forest, 
    • Sanctuary And 
    • National Parks Etc.

Community Forest Resource Rights

  • Section 3(1)(i): The CFR rights under this Section of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (commonly referred to as the Forest Rights Act or the FRA) provide for recognition of the right to “protect, regenerate or conserve or manage” the community forest resource.
  • Section 5: These rights allow the community to formulate rules for forest use by itself and others and thereby discharge its responsibilities under Section 5 of the FRA.
  • Nistar and non timber produce rights: CFR rights, along with Community Rights (CRs) under Sections 3(1)(b) and 3(1)(c), which include nistar rights and rights over non-timber forest products, ensure sustainable livelihoods of the community.
  • Gram Sabha’s role: These rights give the authority to the Gram Sabha to adopt local traditional practices of forest conservation and management within the community forest resource boundary.

 

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.

Image Courtesy: ET

Significance

  • Justice reinstated: Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests, the FRA came into force in 2008.
  • Recognition: It recognises the community’s right to use, manage and conserve forest resources
  • Legality: it allows the community to legally hold forest land that these communities have used for cultivation and residence.
  • Integral role that forest dwellers: The role they play in sustainability of forests and in conservation of biodiversity.
  • Part of management: It is of greater significance inside protected forests like national parks, sanctuaries and tiger reserves as traditional dwellers then become a part of management of the protected forests using their traditional wisdom.

Challenges

  • While CFR rights are an important empowerment tool, getting a consensus amongst various villages about their traditional boundaries often proves a challenge.
  • Granting of mining leases in CFR areas are often being done without consent from Gram Sabha.
  • Dilution of FRA has been found in getting forest clearances.
  • The Act could threaten forest conservation.

Conclusion

  • Implementing FRA in these districts will lead to the development of forest dwellers.
  • Community Forest Resource (CFR) rights would build a relationship of trust and bond between them and the government, thereby reducing land conflict, Naxalism and underdevelopment.

Source: IE

 
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