Policy Makers & Rights Groups Call for Joint Action to Uphold the Forest Rights Act

4 July 2008, New Delhi

In a National Consultation organized by the Livelihood Thematic Action Group of Wada Na Todo Abhiyan Policy Makers, Experts and Civil Society representatives came together to assess and evaluate the implementation of the Forest Rights Act (FRA). Close on the heels of the Fourth Civil Society Review of the National Common Minimum Programme (NCMP) and the Review of the Three Flagships Schemes of the UPA, the National Consultation, yet again reviewed one of the most laudable promises in NCMP fulfilled by the UPA, the Forest Rights Act.

The Forest Rights Act: Historical Context and Relevance

“The Forest Rights Act is an attempt to undo the Historical injustice meted out to the people living in the Forest Area. The Forest Rights Act needs to be interpreted in the wider context which should include not just the land rights but also the Rights to Forest Resources” said Shri M. D. Mistry, Member of Parliament. He said that many of the states are reluctant to implement the act and was concerned about the insufficient data available about the status of forest dwellers which is crucial for the implementation of the Act.

Pradip Prabhu, National Institute of Rural Development who was part of the drafting committee of the provisions of the Act said “This act is a process of a maturing democracy moving towards the recognition that the participation and rights of the people, including those who live in the forests, is critical. Conservation needs to be rebuilt as a democratic project where conservation should be the right of a citizen, directed towards the construction of the nation with the people at its heart.” Drawing on the historical context of the FRA he pointed out that the process of nation building post independence had started with the abolition of the zamindari system but intrinsically the zamindari system remained entrenched in the forest areas with the Government retaining control over a large section of the land.

Mr. Kishore Chandradev, the Chairperson of the Joint Parliament Committee on Forest Rights Act said that the Forest Rights Act only legitimizes the rights of the people who have been using the forest resources for centuries. Pointing out that the implementation of the Act differs from state to state depending on systems and attitude of those involved; he called for civil society groups to provide concrete recommendations to the Central Government based on their experiences with the FRA’s implementation across states.

Gaps in Implementation:

Although the FRA has been a landmark policy decision by the UPA, the members present expressed that considerable ground needs to be covered in the implementation process. “The FRA is the result of the struggle of the people which began during the colonial times. The act is no less than a landmark treaty between the forest people and the state and all efforts must be made to protect it.” said Sanjay Basu Mullick, Jharkhand Jangal Bachao Andolan

K.B. Saxena, Convenor of the Land Reforms Committee said “The process of implementation is being frustrated by vested interests who oppose the democratic management of forest resources. In several states the people seeking to implement the Act appear to be in direct conflict with agencies of the government itself”.

Shankar Gopalkrishnan, CSD said “The Forest Rights Act is a dent in the traditional Forest Management System which has focused on the extraction of natural resources for profit and private interest. It is fight for democratic system of forest control”. He expressed concerns of other major players who were trying to sabotage the democratic processes enshrined in the Act under the guise of Wildlife Conservation.

Social Activists from Chhattisgarh, Maharashtra, Bihar, Gujarat, Orissa, West Bengal and Jharkhand presented ground level experience on the Forest Rights Act. From Orissa which is home to volatile conflicts of POSCO and Niyamgiri, Y. Giri Rao, Vasundhara explained that the people’s movements has been using the Forest Rights Act to protect the people from losing their land to land grabbing by the state government but the provisions of the FRA are being ruthlessly violated by the government itself to acquire land from the forest dwellers and tribal people.

Sharing her experience from Maharashtra which is home to the highest number of SEZs Vaishali Patil, Ankur/VSP said that “Wherever there is a positive orientation of district administration the implementation is running smoothly but a major cause of concern is that the fulfillment of quorum at the Gram Sabha for the formation of Forest Rights Committees is being flouted”. She explained that most of the villagers and the bureaucracy were unaware of the provisions of the Act itself. Arun Kumar, Ekta Parishad from Chattisgarh also shared similar concerns.

The lack of political will and lack of clarity in role between different ministries/departments was a recurring concern across states. “There is no awareness of the Act amongst the ministers and bureaucrats which is aggravated by the lack of clarity of role amongst the various ministries and departments,” said Manab Basu, IMSE from West Bengal expressing his dismay.

Lata P.M., NCAS called for special attention to be given to the involvement of women in implementing the FRA as well as receiving their due benefit from the provisions of the Act. She suggested that a series of consultations involving women living in forest areas must be organized across the country to enable their proactive role in monitoring the implementation of the Act.

Recommendations:

Drawing from the experiences and the discussions that emerged a series of recommendations and strategy was drawn up by the house. It was noted that most of the forest areas are inaccessible which has been a major hindrance in the implementation of the Act. Taking this into consideration, the government needs to be pressurized to allocate resources to reach these areas and create awareness on the act.

The group called for the removal of the time limit for the submission of claims under the FRA, which he said would prove to be a major obstacle to the implementation of the Act, as well as for an amendment to reduce the number of years defining ‘one generation’ from 25 to 15 years.

The need for case studies on the status of implementation of the FRA was highlighted. The group agreed that information on the implementation of the Act needs to be documented from across states to create political pressure on the Government. The need to scientifically define the ‘critical wildlife habitats’ mentioned in the Act and challenge the contestations made against its implementation on the basis of an ‘elitist / colonial approach to conservation’ was also discussed.

The role of Members of Parliaments to create political pressure for the implementation of FRA was recognized. The group also recommended that Public hearings and orientation for bureaucrats be organized for raising awareness on the Act. The participants agreed that the Ministry of Tribal Affairs should be pressured to play a more proactive role on the Forest Rights Act as well as to create necessary linkages with other Ministries for its effective implementation.

A Memorandum containing recommendations on the implementation of the Forest Rights Act will be submitted to the Minister of Tribal Affairs and Minister of Environment and Forests.