Institutional Provisions to secure the Rights of the Scheduled Tribe and Forest Dwelling Communities

Abstract

ABSTRACT newlineIn India, for millions of tribals and forest dwellers, the forest is home and their very newlineexistence. This forest dependency has been widely discussed and confirmed by newlineScholars across the country. The dependency stems from their need for food, newlinelivelihood including, spiritual and cultural needs. To ensure rights of millions of STs newlineand forest-dwelling populations are assured, the government has taken several steps. newlineAmongst all, the passing of two legislations primarily the Panchayat Extension to newlineScheduled Area (1996) and Forest Rights Act (2006) have the greatest potential to newlinetransform the lives of the forest dwellers and ST. In the context of the FRA 2006, the newlinemost important right is the one on Community Forest Right (CFR). The CFR Right newlineprovides for a range of rights to forest-dwelling communities. For instance, the right newlineto hold, live, own, access, use and dispose of minor forest produce besides, rights to newlinewater bodies, the right to protect, regenerate, conserve, manage the biodiversity, and newlinethe intellectual property within the traditional boundaries of the village (FRA 3(1)(i) newlineare given. However, despite the passing of such a powerful Act conditions of the STs newlineand forest-dwelling communities do not indicate any significant improvements in the newlinelives of these communities leading to several debates around CFR and Community newlineForest Resource Rights. Debates have generally revolved around CFR claim newlinerecognition, challenges of collaborative experiences between the government and newlinecommunities, lower economic incentives incurred from forest-based livelihood and newlineforest governance, and devolution of power. newlineAs conditions of communities are not homogenous across geographies, socio- newlineeconomic and political factors have a determining role in the outcomes of newlinecommunities lives and in their livelihood conditions. This aspect is critical as it newlinemeans if Rights have to be strengthened and realized then recognizing the ground newlinerealities and challenges of the communities is essential. Research in this area has newlineproven that receiving a CFR right does not necessarily translate into the realization of newlinethe rights. The functionality and efficiency of CFR rights in the management and newlineconservation of forests are determined through several factors. The socio-economic newlinefactors are one such critical component that needs further study.This thesis argues that if CFR Right has to be realized, then prioritizing an newlineeconomically viable and ecologically sustainable model is essential. This together will newlinebring in direct benefits to the communities as well as the forests. For the CFR newlinevillages, there is a need to further probe how and why the conditions of the forests newlinehave either improved or deteriorated and if it has any implications on the livelihood newlinepatterns of the local communities. Further, an important aspect that needs further newlineunderstanding is whether the local communities from the CFR villages have the newlinerequired skill-set and knowledge on forest conservation and management practices. newlineIt is in this context the present research attempts to examine three main questions one, newlineto assess the socio-economic conditions and it s the implication on CFR activities and newlinelivelihood of forest-dwelling communities two, to examine and critically review the newlineunderstanding and contributions of local institutions and communities for CFR newlineconservation and management, three, the relations and partnerships between the newlinecommunities, state, and CSOs that contribute to the fulfillment of the CFR rights. newline