Community Forest Resource (CFR) Rights Under the Forest Rights Act (FRA)

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

Context

• An analysis reveals that only three states—Maharashtra, Chhattisgarh, and Odisha—have made notable progress in recognizing Community Forest Resource (CFR) rights under the Forest Rights Act (FRA), 2006. The majority of forest-dwelling communities across India continue to face significant hurdles in securing these rights.

Forest Rights Act (FRA), 2006: A Landmark Legislation

Background:

Before the enactment of the FRA, 2006, Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) lacked legal recognition over their ancestral forest lands.

• Colonial forest laws and post-independence conservation policies often labeled them as encroachers.
• The FRA was introduced to correct these historical injustices and provide a framework for recognizing forest land and resource rights.

Key Provisions

• Recognition of Rights: Grants STs and OTFDs the right to hold, live, and use forest land for habitation and livelihood.
• Community Forest Resources (CFR): Recognizes community rights over customary common forest lands for management and conservation.
• Critical Wildlife Habitats: Identifies and protects ecologically sensitive areas while ensuring wildlife conservation.
• Sustainable Use & Conservation: Emphasizes responsible use of forest resources while preserving biodiversity.

Community Forest Resource (CFR) Rights: A Special Category

• Under Section 3(1)(i) of the FRA, 2006, CFR rights empower Gram Sabhas (village councils) to legally manage their traditional forests. These rights ensure community-led conservation and sustainable use of forest resources.

Key Features of CFR Rights:

• Ownership & Governance: Gram Sabhas are recognized as the governing body for community forests.
• Sustainable Use: Allows communities to harvest non-timber forest produce (NTFP) like honey, bamboo, and medicinal plants.
• Forest Conservation: Enables communities to protect forests from deforestation, mining, and external threats.
• Customary Rights: Recognizes traditional knowledge in forest conservation.
  Protection from Eviction: Communities cannot be displaced without their explicit consent.

Challenges Hindering CFR Implementation

Displacement Due to Conservation & Development Projects:

• A study titled ‘Democratising Forest Governance: Challenges Old and New’ found that over 1,00,000 forest dwellers have been displaced due to protected areas created by the National Tiger Conservation Authority (NTCA).
• More than 3,00,000 hectares of forest land have been diverted for mining and infrastructure projects.

Slow & Limited Recognition of CFR Rights:

• Maharashtra (36%), Chhattisgarh (24%), and Odisha (10%) have made progress, but most states lag.
• States like Jharkhand, Gujarat, and Karnataka have recognized less than 2% of potential CFR areas.

Conflicting Legal Frameworks:

• Overlapping laws—Indian Forest Act, 1927, Wildlife (Protection) Act, 1972, and Forest (Conservation) Act, 1980—create ambiguities in FRA implementation.
• These conflicts often delay CFR recognition.

Weak Institutional & Financial Support:

• Many Gram Sabhas lack resources, technical expertise, and funds for effective forest management.
• Lack of government investment in community-led conservation efforts weakens CFR governance.

Lack of Awareness & Political Will:

• Forest dwellers often remain unaware of their rights under the FRA.
• Administrative delays & bureaucratic hurdles further slow down claim processing.

Successful CFR Implementations in India 

Mendha-Lekha, Maharashtra (2009):

• First village in India to receive CFR rights over 1,800 hectares of forest.
• Gram Sabha-led bamboo harvesting & conservation improved local livelihoods.

Niyamgiri, Odisha (2013):

• The Dongria Kondh tribe exercised CFR rights to stop bauxite mining in the Niyamgiri hills.
• The Supreme Court upheld their rights, marking a historic victory for tribal self-governance.

CFR Rights & India’s Climate Goals

• FRA’s Role in Carbon Sequestration: India has committed to sequestering 2.5 gigatonnes of CO₂ equivalent through forest conservation.
  • CFR rights contribute to global climate initiatives, such as Reducing Emissions from Deforestation and Forest Degradation (REDD+).

Way Forward: Strengthening CFR Implementation

• Expedite Claim Processing: States should streamline bureaucratic procedures to recognize CFR claims faster.
• Capacity Building for Gram Sabhas: Training & technical support should be provided for sustainable forest management.
• Strengthen Legal Protections: Ensure stronger safeguards against land encroachment & corporate exploitation.
• Increase Awareness & Community Participation: Awareness campaigns should educate forest dwellers about their rights under the FRA.
• Financial & Institutional Support: Governments must invest in community-led conservation programs.

Conclusion

• The Forest Rights Act (FRA), 2006, particularly Community Forest Resource (CFR) Rights, is a crucial step toward decentralized forest governance in India. Recognizing the role of tribal and forest-dwelling communities can enhance environmental conservation, social justice, and economic security.
• However, bureaucratic inefficiencies, legal conflicts, and lack of awareness continue to hinder its implementation. Strengthening institutional support and ensuring timely recognition of CFR rights is essential for protecting both forest ecosystems and the rights of forest-dependent communities.

Source: DTE