India’s Forest Rights Act (2006): Apart From Exclusionary Laws Globally

Syllabus: GS2/Government Policy & Intervention; GS3/Environment

Context

• India’s Forest Rights Act (FRA), 2006 protects indigenous communities’ rights, recognizing the rights of indigenous communities and forest dwellers, unlike global conservation policies that restrict human access to protected areas.

About the Forest Rights Act (FRA), 2006

• It is officially known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• It aims to correct historical injustices faced by forest-dwelling communities by recognizing their land and resource rights. 
• It ensures that Scheduled Tribes (STs) and other traditional forest dwellers can legally access and manage forest resources while contributing to biodiversity conservation.
• It impacts an estimated 150 million forest-dwelling people, 40 million hectares of land, and 1,70,000 villages.

Types of Forest Rights (FRA, 2006)

• Individual Forest Rights (IFR): Individuals and families have the right to cultivation for livelihood and habitation on forest land.
• Community Forest Rights (CFR): Communities have access to traditional community resources and minor forest products such as bamboo, honey, wood oil, and mahua.
  • It includes grazing and fishing rights, access to water bodies in forests, habitat rights for Particularly Vulnerable Tribal Groups (PVTGs), and access to traditional seasonal resources for pastoral and nomadic communities.
• Community Forest Resource Rights (CFRR): It goes one step beyond CFR as it offers management rights of the forest to the gram sabha instead of the forest department.

Other Key Provisions of the Forest Rights Act (2006)

• Evidence-Based Claims: It provides a framework for recording and verifying forest rights through Gram Sabhas (village councils).
  • It accepts traditional knowledge and oral evidence for claim validation.
• Responsibilities of Forest Dwellers: It encourages sustainable use of forest resources while ensuring ecological balance.
• Protection Against Eviction: It prevents forced displacement of forest dwellers without proper legal procedures.
  • It ensures rehabilitation and compensation in case of relocation.

Key Concerns & Challenges

• Bureaucratic Resistance and Exclusion: Many forest officials oppose FRA provisions, fearing loss of control over forest lands.
  • Forest bureaucracy often rejects claims, leading to mass evictions despite legal protections.
• Legal Battles and Evictions: The Supreme Court, in 2019, ordered the eviction of rejected claimants, affecting 17 lakh tribal families, though protests led to a temporary hold on the order.
• Conflicts with Conservation Policies: India’s protected-area model under the Wildlife Protection Act, 1972 has led to large-scale displacement of forest communities.
  • Conservation laws often criminalize traditional forest use, disregarding community-led biodiversity protection.
• Slow Recognition of CFRs: Estimates suggest 30 million hectares of forest land could be vested as CFRs, benefiting 200 million people, but progress has been slow.
  • As of October 2023, only 2.3 million land titles have been granted, while 4.5 million claims remain unresolved.

Global Efforts for Forest Conservation

• The Convention on Biological Diversity (CBD), introduced at the Rio Earth Summit in 1992, is the largest international agreement, with 196 countries as signatories, guiding conservation laws worldwide.
  • India, recognized as one of the world’s 17 megadiverse countries, has developed legal instruments and governance systems to align with the CBD’s objectives.
• UN Declaration on the Rights of Indigenous Peoples (2007): It was passed to address discrimination against Indigenous Peoples and Local Communities (IPLCs), the declaration affirms their right to maintain and strengthen their institutions, cultures, and traditions.
• Kunming-Montreal Global Biodiversity Framework (KMGBF): It was adopted at COP-15 in 2022, that promotes the equitable representation of Indigenous Peoples and Local Communities (IPLCs) in conservation efforts.
  • It includes the ‘30 by 30’ target, aiming to protect 30% of the world’s land and marine areas by 2030 while ensuring IPLC participation.

How the FRA Differs from Global Conservation Laws?

• Community-Led Conservation: Unlike laws that displace indigenous peoples, the FRA acknowledges their historical role in protecting forests.
  • Studies show that traditional governance systems used by indigenous groups help preserve ecosystems more effectively than state-controlled conservation.
• Legal Recognition of Forest Dwellers: The FRA grants land and resource rights to Scheduled Tribes and other traditional forest dwellers.
  • It overrides colonial-era laws that declared forests as state-owned land, disregarding indigenous claims.
• Balancing Conservation and Livelihoods: The FRA allows communities to harvest minor forest produce, ensuring economic sustainability while preserving ecosystems.
  • Global conservation models often criminalize indigenous practices, leading to forced evictions.

India’s Legal Instruments for Conservation

• Biological Diversity Act (BDA), 2002: It supports documentation and protection of traditional knowledge related to biodiversity. It establishes a three-tier institutional system:
  • National Biodiversity Authority (NBA) at the central level.
  • State Biodiversity Boards (SBBs) at the state level.
  • Biodiversity Management Committees (BMCs) at the local level.
• Wildlife Protection Act, 1972 and Project Tiger, 1973: It introduced the protected area model, creating national parks, sanctuaries, and tiger reserves.
  • As of February 2025, India has 1,134 protected areas and 58 tiger reserves.
• Scheduled and Tribal Areas: Articles 244 & 244A of Indian Constitution acknowledges the distinct status of Adivasis and other tribal groups, while it does not officially use the term ‘indigenous peoples’.
• Tribal and Forest Rights: The Panchayats (Extension to Scheduled Areas) Act (PESA), 1996 empowers Gram Sabhas (village councils) in tribal regions with decision-making authority.
• India’s National Biodiversity Strategy and Action Plan (NBSAPs): India’s updated NBSAPs outline 23 key conservation goals for 2023, including biodiversity protection and IPLC rights recognition.
  • It relies on existing institutional frameworks, limiting the scope for more decentralized, community-led approaches.

Conclusion

• India’s Forest Rights Act sets a global precedent for inclusive conservation, ensuring that indigenous communities remain stewards of biodiversity.
• Strengthening its implementation can further protect both forests and livelihoods, making India’s approach a model for sustainable conservation worldwide.

Source: TH