Conflict between Forest Rights and Forest Conservation

Critics argue that the powers granted to Forest Authorities under Forest Conservation has led to their misuse, thereby resulting in undermining of the rights of traditional forest dwelling communities (recognized in the Forest Rights Act, (FRA) 2006).

Issues

• The Governments of Maharashtra and Madhya Pradesh notified the rules for the administration of “village forests” in 2015. The guidelines issued in 2015 allowed private companies to take over patches of forestland for growing tree or bamboo crops, with rights arbitrarily limited to 15% of the leased areas.
• The Compensatory Afforestation Fund Act was passed in 2016. It provided for the spending of a fund of more than INR 50,000 crore on forestry-related activities that had a direct impact on forest dwellers.
• The Forest Right Act, 2006 was challenged in the Supreme Court by forest conservation groups like Wildlife First and Wildlife Trust of India. They had argued that the FRA facilitates deforestation and illegal encroachment.

What can be done to resolve the conflict between Forest Conservation and Forest Rights?

• The Government and the Judiciary need to reconcile laws, reaffirm democratic governance, and protect the environment as well as livelihoods.
• A flexible and area-specific minimum limit boundary provision is required.
• The mandated eco-sensitive boundary should be extended to national parks and sanctuaries and to forest patches with better forest cover, good species composition, and a significant presence of wild species.
• Data must be collected at the ground level.
• The mining companies must strictly adhere to environmental regulations and practise sustainable mining.