Tribal’s forest right vs Critical Wildlife Habitat/Tiger Habitat

Tribal’s forest right vs Critical Wildlife Habitat/Tiger Habitat

Subject: Environment

Context: Thousands of tribals living in villages located in the core areas of Sitanadi Udanti Tiger Reserve in Chhattisgarh are demanding that their Community Forest Resource rights be recognized which are currently violated using core areas under critical Tiger habitat in the area.

Concept:

Land rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006:

• SECTION 3 (1) (i) of the Act gives right to protect, regenerate or conserve or manage any community forest resource which the tribals have been traditionally protecting and conserving for sustainable use.
• For recognition of Community Forest Resource rights, traditional boundary of a tribal village is recognised, empowering the gram sabha of the village to take decisions on protection, regeneration, conservation and management of the forest and its produce.
• The Gram Sabha is empowered to take decisions regarding protection, regeneration, conservation and management of the forest and its produce under the Act.
• For Community Forest Resource rights, the traditional boundary of tribal village as a unit is the boundary.
• 20006 Act’s Section 4(1) says notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this Act, the Central Government hereby recognises and vests forest rights under Section 3(1) of the same Act.

Critical Tiger habitat

• These are core areas of tiger reserves and are identified under the Wild Life Protection Act (WLPA), 1972 based on scientific evidence.
• Such areas are required to be kept as inviolate for the purpose of tiger conservation, without affecting the rights of the Scheduled Tribes or such other forest dwellers.
• The notification of CTH is done by the state government in consultation with the expert committee constituted for the purpose.

Critical Wildlife Habitat

• Critical ‘wildlife’ habitats (CWLHs), on the other hand, are defined only in the Forest Rights Act, 2006.
• CWLHs are meant to be areas of national parks and wildlife sanctuaries that are required to be kept as inviolate for the purpose of wildlife conservation (not just tigers).
• Similar to CTH, the identification of CWLH is done based on scientific and objective criteria, but it mandatorily requires settlement of forest rights under FRA.
• Unlike CTHs, the notification of CWLHs can only be done with the consent of the Gram Sabhas and affected stakeholders.
• Post notification, the forest rights in CWLHs can be modified or resettled subject to certain conditions.