Forest Management by Communities, for Communities and Akhil Bhartiya Vanvasi Kalyan Ashram

6 July, 2021 happens to be a historic day in relation to granting of Community Forest Resource Management Rights to Tribal and other Traditionally Forest Dwelling Communities across India. On this day a “Joint Circular” was signed by Shri R.P. Gupta, Secretary, Ministry of Environment, Forest & Climate Change (MoEFCC), and Shri Anil Kumar Jha, Secretary, Ministry of Tribal Affairs (MoTA), in the presence of the then Minister of MoEFCC Shri Prakash Javadekar and Minister of MoTA Shri Arjun Munda in New Delhi. This decision is a step towards recognizing community forest resource management rights to the Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs).

The community forest rights and individuals claims of ownership over the land being cultivated by these communities for generations were recognized as per the provisions enshrined in what's known as "The Scheduled Tribes and Other Traditionally Forest Dwellers (Recognition of Forest Rights) Act, 2006" which is also commonly known as the Forest Rights Act (FRA). The Act was notified into force on 31 December 2007 and came into operation with the notification of Rules on 1 January 2008 for carrying out the provisions of the Act. The responsibility to implement the provisions of the act was vested with Ministry of Tribal Affairs at the central level and tribal welfare departments at the state levels.  But the actual implementation of the Act remained elusive thus far due to lack of coordination between bureaucracies of tribal departments and forest departments of the concerned states.

As noted above, for the FDSTs and OTFDs forests are the source of livelihood, identity, customs and traditions as they inhabited them for generations and were in occupation of the forest for centuries. Despite them being integral to the very survival and sustainability of the forest ecosystem, their rights on their ancestral lands and their habitats had not been adequately recognized. Therefore, these people felt emotionally and physically alienated from forests and forest lands due to insecurity of tenure and fear of eviction. The FRA, 2006 was enacted in order to correct this historical injustice.  

The “Joint Circular” unequivocally recognizes that there is a considerable lapse of time since the Act came into force and yet the process of recognition of rights is not completed. Recognizing that the operationalization of Section 5 of the Act as the area of concern, both the ministries have resolved to smoothen the implementation of the Act. Most importantly, it quite categorically states that Community Forest Resource is customary common forest land to which the community had traditional access. Section 3(1)(i) provides for rights to protect, regenerate or conserve or manage any community forest resource to the FDSTs and OTFDs. Further as per the provisions in Rule 4(1)(e) and (f), the frontline staff of the State Forest Department has been issued with guidelines to extend assistance to the institutions and committees, particularly Gramsabhas, constituted to manage forest resources. Further, an emphasis has also been laid on synergizing the functions of the two Ministries at the Central level and at both the Forest and Tribal Welfare Departments of the State Governments. Furthermore, this communication assures that the two ministries will issue a joint circular, if necessary, in the future as well to remove the hurdles on the way of implementing provisions in the FRA.

It’s very pertinent to mention that Akhil Bhartiy Vanvasi Kalyan Ashram (ABVKA) had been making persistent efforts in this direction since the Modi government assumed power in 2014. The “Joint Circular” issued on 6 July, 2021 on the part of the Ministry of Tribal Affairs and Ministry of Forests, Environment and Climate Change is the culmination of ABVKA's long-drawn process of lobbying and follow ups. Therefore in its resolution passed on 19 July 2021 at its National Executive Board Meet at Central Office in Jashpur, ABVKA has welcomed the government’s move wholeheartedly. However, it maintains caution as the circular in itself is not sufficient, unless its guidelines are implemented in their letter and spirit. The frequent instances of friction between the forest departments and tribal welfare departments at the state levels created a lot of stumbling blocks in the implementation of the Act thereby making it ineffective. Due to the prevalence of such a situation, so far merely 10% implementation of the provisions of the Community Forest Resource Management Rights, as enshrined in the FRA, could be achieved.

The forest department of the concerned states must play the role of facilitator without hindering the local community activities. This alone will give an agency to the Gramsabhas, the representative bodies of FDSTs and OTFDs, to improve their livelihood by utilizing their forest resources sustainably. At the same, there is an urgent need on the part of forest officials to come out of the colonial mindset that looked at the tribal and other traditional forest dwelling communities as the encroachers on the forests. Moreover, they have protected and preserved these forests for centuries. They lived, thrived in the vicinity of these forests and yet protected these resources since time immemorial,

ABVKA as the largest organization working for the socio-economic and overall development of tribal communities across India has a long drawn experience of working with these communities. It’s important to mention that the organization was crucial in facilitating the Community Forest Resource Management activities of Sanyukta Van Vyavasthapan Samiti, Baripada (SVVSB) in Dhule district of Maharashtra that involves the cluster of 45 villages. Along with SVVSB, the Community Forest Management experiments in Kalwan (Koswan) village panchayat and Metghar Killa in the Nasik District are being successfully carried out due to guidance and assistance of ABVKA.

As a leading organization working for the tribal cause across India, ABVKA’s Central Executive Board (Kendriya Karykari Mandal), in its resolution, passed on 19 July 2021, has appealed fervently to all the state governments of India to implement the provisions of FRA as per the latest guidelines issued by the Government of India. It further says that it’s equally important to upload the quarterly report of the action plan of implementation and status of management right as provided in Section 3-1(i) of the FRA on the website by every state in a time-bound manner.  Degree/diploma courses in Community Forest Resource Management Rights and duties in college/university curricula can be crucial in educating Gramsabha representatives and youths. Establishment of ‘Van Vigyan Kendras’ on the lines of ‘Krishi Vigyan Kendras’ in tribal majority districts is a much sought after step which will enhance the livelihood of tribal and other traditional forest dwelling communities.

As far the duties are concerned, ABVKA also appeals to entire Janjati Communities, Volunteer Organisations, elected representatives from Janjati Communities, social leaders and  educated youths of Janjati Society that they should reach out to people in villages, tolas, Bastis, Hamlets, etc. to make them aware of their claims over the forest resources. It’s equally important for them to protect and reproduce forest resources to utilize them in a sustainable manner. This alone will keep the forest environment and biodiversity intact on which their livelihood is dependant for centuries.