New CFR guidelines: Experts say regulations can undo India’s progress on forest governance

Subject :Environment

Section: Environment laws

Context:

The new guidelines issued by the Union Ministry of Tribal Affairs (MoTA) for conservation, management and sustainable use of community forest resources (CFR) on September 12, 2023, disempower Gram Sabhas (village assemblies) and shift control to the government.

Details:

MoTA issued fresh guidelines to “improve coordination” at the field level and ensure implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or Forest Rights Act (FRA), 2006 in short.
The MC Saxena committee was set up in 2019 for preparation of CFR guidelines, but its recommendations were never accepted.

Key feature of the new guidelines:

Formation of the District Level Committee (DLC) which entrusts Gram Sabhas or the community about who has rights over forest resources.
- Earlier multiple functionaries, authorities and departments were involved in entrusting these rights under Section 3(1)(i) and Section 5 of FRA.
- Section 5 underlines duties by empowering the holders of forest rights, Gram Sabhas and village level institutions for protection of wildlife, forests and biodiversity and ensuring that all neighboring catchment areas, water sources and ecologically sensitive areas are well protected.
- It also specifies that the habitat of tribals and other traditional forest dwellers should be protected from any destruction that would harm their culture and natural heritage.
- The section guarantees that decisions are taken by the Gram Sabha to regulate access to CFR and prevent any activity that would cause harm to wildlife, forests and biodiversity.

What is a Community Forest Resource?

The Community Forest Resource (CFR) area is common forest land that has been traditionally protected and conserved for sustainable use by a particular community.
The community uses it to access resources available within the traditional and customary boundary of the village, and for seasonal use of landscape in the case of pastoralist communities.
Each CFR area has a customary boundary with identifiable landmarks recognised by the community and its neighbouring villages.
It may include forest of any category – revenue forest, classified & unclassified forest, deemed forest, DLC (District Level Committee) land, reserve forest, protected forest, sanctuary and national parks etc.

What are Community Forest Resource Rights?

The Community Forest Resource rights under Section 3(1)(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (commonly referred to as the Forest Rights Act) provides for recognition of the right to “protect, regenerate or conserve or manage” the community forest resource.
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.
CFR rights, along with Community Rights (CRs) under Sections 3(1)(b) and 3(1)(c), which include rights over non-timber forest products, ensure sustainable livelihoods of the community.
Once CFRR is recognised for a community, the ownership of the forest passes into the hands of the Gram Sabha instead of the forest department.
Effectively, the Gram Sabha becomes the nodal body for management of the forests.
These rights give authority to the Gram Sabha to adopt local traditional practices of forest conservation and management within the community forest resource boundary.
In 2016, the Odisha government was the first to recognise Community Forest Resources (CFRs) inside the Simlipal National Park.