The Hindu Editorial Analysis- 26th December 2022 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Context

Of the 39 areas declared by UNESCO in 2012 as being critical for biodiversity in the Western Ghats, 10 are in Karnataka. Before recognising areas as world heritage sites, UNESCO seeks the opinion of the inhabitants on the implication of the possible declaration on their lives and livelihoods.

What is the Significance of Forests?

• One-third of the land on Earth is covered by forests, which play a vital role in maintaining the hydrological cycle, regulating climate, and preserving biodiversity.
• Forests are also important for poverty alleviation. Forests provide more than 86 million green jobs. Everyone on the planet has had some form of contact with forests.
• They are also the homes of India’s submerged humanity—the tribals. They are ecologically and economically a part and parcel of the forest environment.
• Forests provide raw materials for a number of industries, viz. silk worm rearing, toy making, leaf plate making, plywood, paper and pulp etc.
• They also provide major and minor forest produce:
  • Major such as timber, round wood, pulp-wood, charcoal and fire-wood
  • Minor produce like bamboo, spices, edible fruits and vegetables.

What are the Constitutional Provisions Regarding Forest?

• Forests are included in the Concurrent List in the (Seventh Schedule) of the Constitution of India.
• Through the 42^nd Amendment Act, 1976 forests and protection of Wild Animals and Birds were transferred from State to Concurrent List.
• Article 51 A (g) of the Constitution states that it shall be the fundamental duty of every citizen to protect and improve the natural environment including forests and Wildlife.
• Article 48 A in the Directive Principles of State Policy, mandates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country

What are the Challenges Related to Forest Management in India?

• Inadequate Forest Cover: According to National Forest Policy of India, the ideal percentage of total geographical area under forest should be at least 33% to maintain ecological stability.
  • But currently it covers only 21.71% of the country’s geographical area and is dwindling day by day.
• Unregulated Grazing: India possesses a livestock population of over 412 million of which 270 million are bovine animals, about one-tenth of which graze in the forests.
  • Due to lack of strict grazing regulatory framework, overgrazing in many parts of India is observed causing serious damage to forests.
• Menace of Climate Change: Climate change alters the frequency and intensity of forest disturbances such as insect outbreaks, invasive species, wildfires, and storms. These disturbances reduce forest productivity and change the distribution of tree species.
  • By 2030, 45-64% of forests in India will experience the effects of climate change and rising temperatures.
  • Many forest species in Himalayan region are already migrating to higher altitudes and some species are even facing extinction.
  • The Bramble Cay melomys is the first mammal reported to have gone extinct as a direct result of climate change.
• Low Productivity: The gap between consumption and production of timber and wood-based products in India is rapidly increasing. Against the global average productivity of 2.1 m³/hectare/ year, the productivity of Indian Forest is only 0.7 m3/hectare/ year.
• Loopholes in regulation of Forest Development Corporations is a major factor of low productivity as well as there is a considerable section of north eastern forest in India which remain unexplored and can be potential medicinal hubs.
• Injustice with Tribes: The tribal communities, the hallmark of Indian civilization, are based on forest areas for their survival. Although they live in isolation in forest areas, they are having harmonious relationships with forests and species.
  • But the continuous deforestation, development of national parks and wildlife sanctuaries and eco-parks are negatively impacting their habitat and displace their living leaving them with mental health issues.
  • In 2014, around 450 families from indigenous Baiga and Gond communities were evicted to protect tigers in the Kanha Tiger Reserve.
  • In 2017, in Assam, more than 1,000 people from Bodo, Rabha and Mishing tribal communities were forcefully evicted from the Orang National Park.

Forest Rights Act, 2006

• FRA enacted in 2006 recognises the rights of forest-dwelling tribal communities (FDST) and other traditional forest dwellers (OTFD) to forest resources on which these communities were dependent for a variety of needs, including livelihood, habitation and other sociocultural needs.
• It recognizes and vest the forest rights and occupation FDST and OTFD who have been residing in such forests for generations.
• It strengthens the conservation regime of the forests while ensuring livelihood and food security of the FDST and OTFD.
• The Gram Sabha is the authority to initiate the process for determining the nature and extent of Individual Forest Rights (IFR) or Community Forest Rights (CFR) or both that may be given to FDST and OTFD.

• Rights Under the Forest Rights Act:
  • Title rights:
    • It gives FDST and OTFD the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.
    • Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted.
  • Use rights:
    • The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas etc.
  • Relief and development rights:
    • To rehabilitate in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection.
  • Forest management rights:
    • It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.
• Significance:
  • Constitutional Provision Expansion:
    • It expands the mandate of the Fifth and the Sixth Schedules of the Constitution that protect the claims of indigenous communities over tracts of land or forests they inhabit.
  • Security Concerns:
    • The alienation of tribes was one of the factors behind the Naxal Movement, which affected states like Chhattisgarh, Odisha and Jharkhand.
  • Forest Governance:
    • It has the potential to democratise forest governance by recognising community forest resource rights.
    • It will ensure that people get to manage their forest on their own, which will regulate exploitation of forest resources by officials, improve forest governance and better management of tribal rights.
• Challenges:
  • Administrative Apathy:
    • As tribals are not a big vote bank in most states, governments find it convenient to subvert FRA or not bother about it at all in favour of monetary gains.
    • The forest bureaucracy has misinterpreted the FRA as an instrument to regularise encroachment instead of a welfare measure for tribals.
    • Corporates fear they may lose the cheap access to valuable natural resources.
  • Dilution of Act:
    • Certain sections of environmentalists raise the concern that FRA bends more in the favour of individual rights, giving lesser scope for community rights.
  • Institutional Roadblock:
    • Rough maps of community and individual claims are prepared by Gram Sabha which at times often lack technical knowhow and suffers from educational incapacity.
  • Misuse of FRA:
    • The FRA has been misused and communities have rushed to file claims. Politicians across party lines have interpreted FRA as a land distribution exercise and have fixed targets for districts.

• It is important that the governments at Central and State levels are strengthened with human and financial resources to help implement FRA on a mission mode.
• Besides leveraging modern technology to map and monitor the implementation of FRA, the forest bureaucracy must also be reformed to serve as service providers to gram sabhas.