Tag
Loading...

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, commonly known as the Forest Rights Act (FRA), is widely regarded as landmark legislation in India aimed at rectifying the historical injustices faced by forest-dwelling communities, particularly Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs). This Act recognizes the rights of these communities to forest resources on which they have traditionally depended for their livelihoods, habitation, and other socio-cultural needs.

India

Forest Rights Act, India

The origins of the FRA can be traced back to the colonial era when forests were declared state property, ignoring the rights and traditions of indigenous communities who lived in and depended on these forests for their sustenance. Post-independence, the situation did not improve significantly as forest policies continued to prioritize state control and the commercial exploitation of forest resources.

The main objective of the FRA is to grant legal recognition to the rights of forest-dwelling communities over land and resources they have been using traditionally. These rights are enacted under three primary provisions:

  1. Individual Rights: The right to hold and live on forest land under individual or common occupation for habitation or self-cultivation for livelihood purposes.
  2. Community Rights: Rights over common property resources such as grazing areas, water bodies, and minor forest produce (MFP) traditionally used by the community.
  3. The Right to Protect and Conserve: The right to protect, regenerate, conserve, or manage any community forest resource that they have been traditionally protecting and conserving for sustainable use.

Despite its transformative potential, the implementation of the FRA has been marred by challenges such as inadequate documentation, bureaucratic hurdles, and the rejection of many claims. In this context, digital technologies offer promising solutions to enhance the efficiency, transparency, and fairness of FRA implementation.

Digital technologies, including satellite imagery, Geographic Information Systems ( GIS ), and mobile applications, have been recently employed towards forest rights claims. Satellite imagery provides high-resolution, time-series data that can verify the historical presence of forest dwellers on claimed lands. It is argued that by analyzing satellite images, authorities can determine whether a piece of land was forested or cultivated before the FRA cut-off date of December 13, 2005. However, relying on satellite imagery alone for the verification of forest rights claims has been criticized, as ground-truthing often reveals errors.

Furthermore, it has been argued that a top-down, state-led mapping approach is not representative of the community and tends to ignore traditional knowledge systems in the mapping process. More recently, non-governmental organizations, researchers, and civil rights groups have started to implement participative, community-led mapping processes. It has been argued that digital technologies can only complement, not replace, traditional knowledge systems and verification methods. The implementation of the Forest Rights Act in India is highly political, and the use of digital technologies introduces its own socio-political dynamics. The Smart Forests research project, through its case study with a forest-dwelling community called the Van Gujjars in India, explores these dynamics, highlighting both the potential and the challenges of integrating modern technology with traditional forest rights claims.

Further Reading:

Forest Rights Act, Ministry of Tribal Affairs, Government of India: https://tribal.nic.in/fra.aspx

Agarwal Shruti, 2017. Can Technology Support Forest Rights Process: https://www.downtoearth.org.in/blog/governance/can-technology-support-forest-rights-process--59345

Sirur Simrin, 2024: More than 15 years on, implementation of Forest Rights Act is lagging, new report finds. https://india.mongabay.com/2024/04/more-than-15-years-on-implementation-of-forest-right-act-is-lagging-new-report-finds/

Ministry of Tribal Affairs

Screengrab from Ministry of Tribal Affairs Page, Government of India,
https://tribal.nic.in/fra.aspx

article on gaps in the implementation of the forest rights act

Screengrab from article on gaps in the implementation of the forest rights act, https://india.mongabay.com/2024/04/more-than-15-years-on-implementation-of-forest-right-act-is-lagging-new-report-finds/

/
smart forests radio