Why is the recognition of CFR rights important?

• Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests, the FRA came into force in 2008.
• It is important as it recognises the community’s right to use, manage and conserve forest resources, and to legally hold forest land that these communities have used for cultivation and residence.
• It also underlines the integral role that forest dwellers play in sustainability of forests and in conservation of biodiversity.
• It is of greater significance inside protected forests like national parks, sanctuaries and tiger reserves as traditional dwellers then become a part of management of the protected forests using their traditional wisdom.
• But while CFR rights are an important empowerment tool, getting a consensus amongst various villages about their traditional boundaries often proves a challenge.
• According to state government officials, Chhattisgarh has recognised nearly 4,000 CFR rights in the state.
• Kanger Ghati National Park is the second national park, after Simlipal in Odisha, where CFR rights have been recognised.

• Similipal derives its name from ‘Simul’ (silk cotton) tree.
• It was formally designated a tiger reserve in 1956 and brought under Project Tiger in the year 1973.
• It was declared a biosphere reserve by the Government of India in June, 1994.
• It has been part of the UNESCO World Network of Biosphere Reserve since 2009.
• It is part of the Similipal-Kuldiha-Hadgarh Elephant Reserve popularly known as Mayurbhanj Elephant Reserve, which includes 3 protected areas i.e. Similipal Tiger Reserve, Hadagarh Wildlife sanctuary and Kuldiha wildlife sanctuary.
• The biosphere spread over 4,374 sq. km. has 845 sq. km. of core forest (tiger reserve), 2,129 sq km buffer area and 1,400 sq km of transition space.
• Similipal has 1,076 flowering species and 96 species of orchids. It boasts of having tropical semi-evergreen forests, tropical moist deciduous forests, dry deciduous hill forests, high level sal forests and sprawling meadows.

• Badrama WLS: It is characterized by the presence of Moist Sal Forests.
• Chilika (Nalaban island) WLS: Asia's largest and world's second-largest lagoon. Recently, direct sightings of school of Irrawaddy dolphins has been reported here.
• Hadgarh WLS: Salandi river passes through it which is home to mugger crocodiles.
• Baisipalli WLS: It is a sal dominated forest with a significant number of tigers, leopards, elephants, herbivores like Chousingha.
• Kotagarh WLS: It consists of dense deciduous forests with grasslands.
• Nandankanan WLS: First in the world to breed White tiger and Melanistic tiger.
• Lakhari Valley WLS: It is a dwelling place of a large number of elephants.
• Gahirmatha (Marine) WLS: It is a mass nesting spot in Indian Ocean region and the only turtle sanctuary in Odisha. The Olive Ridley turtles travel across the South Pacific to breed on the coast of Gahirmatha.

When Forest rights act was passed?

• Forest rights act was passed in 2006.

Provisions of the act

• The Act recognizes and vest the forest rights and occupation in Forest land in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have been residing in such forests for generations.
• Forest rights can also be claimed by any member or community who has for at least three generations (75 years) prior to the 13th day of December, 2005 primarily resided in forest land for bona fide livelihood needs.
• 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.

The Act identifies four types of rights:

• 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.

Importance:

• 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 affects states like Chhattisgarh, Odisha and Jharkhand.The Act through identifying IFR and CFR tries to provide inclusion to tribes.
• Forest Governance: It has the potential to democratise forest governance by recognising community forest resource rights.
• The act 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.

Where Udanti Sitanadi Tiger reserve is located?

• Udanti Sitanadi Tiger Reserve is located in Chhattisgarh.
• It came into existence in the year 2008-09.
• It includes the total area of Udanti and Sitanadi Wildlife Sanctuaries and parts of other nearby forest divisions.
• It comprises a core area of 851.09 sq km. and a buffer area of 991.45 sq km. thus the total area of this tiger reserve is 1842.54 sq km.
• The Core I (Udanti) of the Tiger Reserve was declared as Udanti Wildlife Sanctuary in 1984 by the then undivided Government of Madhya Pradesh.
• It derives its name from the Udanti River flowing from the west to east covering a major part of the sanctuary.
• The Core II (Sitanadi) derives its name from the Sitanadi River that originates in the middle of the sanctuary.

Flora

• Dry Teak Forest, Dry peninsular Sal Forest, Moist peninsular Sal Forest, Northern Dry mixed deciduous Forest, Northern Dry Mixed Deciduous Forest, Dry Bamboo Forest, etc.

Fauna

• All the representative faunal species of Central India are found in both the Core areas.
• Asiatic Wild Buffalo is the key endangered species found here.
• Apart from the Tiger other endangered and rare species are Indian Wolf, Leopard, Sloth Bear and Mouse Deer.

Major Concern

• The reserve and its adjoining areas come under the ‘Red Corridor’ due to left-wing extremism, which poses a challenge to achieve tiger conservation objectives.

Suggestions

• Stepped up protection and tiger monitoring.
• Integration and coordination with various departments to achieve conservation-oriented development in the buffer and fringe areas.
• Fostering awareness amongst the locals and obtaining their support for conservation.
• Capacity building of field workers.

 Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006

•  The Act recognises the rights of the forest-dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.

It encompasses

• Rights of Self-cultivation and Habitation.
• Community Rights as Grazing, Fishing and access to Water bodies in forests.
• Habitat Rights for the Particularly Vulnerable Tribal Groups (PVTG).
• Traditional Seasonal Resource access of the Nomadic and Pastoral community.
• Access to biodiversity, community right to intellectual property and traditional knowledge, recognition of traditional customary rights.
• Right to protect, regenerate or conserve or manage any community forest resource for sustainable use.
• Rights to the allocation of forest land for developmental purposes to fulfil the basic infrastructural needs of the community.
• In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013, FRA protects the tribal population from eviction without rehabilitation and settlement.
• It also urges the Gram Sabha and rights holders to conserve and protect the biodiversity of the areas as well as to stop any destructive practices affecting these resources or the cultural and natural heritage of the tribals.
• The Gram Sabha is a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes impacting them.

Who is the first state to recognise community forest resource rights?

• In 2016, the Odisha government was the first to recognise Community Forest Resources (CFRs) inside the Simlipal National Park.

Benefits

• Giving Justice to Forest Communities:
• Aimed at undoing the “historic injustice” meted out to forest-dependent communities due to curtailment of their customary rights over forests.
• It is important as it recognises the community’s right to use, manage and conserve forest resources, and to legally hold forest land that these communities have used for cultivation and residence.
• Underlines Role of Forest Dwellers: It also underlines the integral role that forest dwellers play in sustainability of forests and in conservation of biodiversity.
• It is of greater significance inside protected forests like national parks, sanctuaries and tiger reserves as traditional dwellers then become a part of management of the protected forests using their traditional wisdom.

Kanger Vallley National Park

• Kanger Valley National Park is located in the Bastar district (Near Jagdalpur) of the state of Chhattisgarh.
• The Kanger Valley National park is also known as Kanger Ghati National Park.
• It was declared as a National park in the year of 1982. Total area of the park is about 200 Km2.
• The national Park is situated on the valley of river Kanger. The park derives its name from the Kanger River, which flows throughout its length.
• The Park is a typical mixed humid deciduous type of forest, in which the Sal, Saugaun, teak and bamboo trees are available in abundance.
• The most popular species in this area is Bastar Maina which enchant everyone with their human voice.

How important is forest rights act,2006?

• Community rights and rights over common property resources (CPR) have been recognized for the first time
• Individual rights of the tribal and marginal communities have been highlighted by this act along with other rights too
• The concept of revenue villages have surfaced as the act talks about the conversion of all forest villages, old habitation, un-surveyed villages and other villages into these.
• It ensures the livelihood and food security of the Forest Dwellers Scheduled Tribes and Other Forest Dwellers and strengthens the conservation regime of the forest.
• Community Forest Resources are monitored and managed in a way that protects marginal communities’ traditional linkages with these. it is known how these communities have always traditionally utilized the forest resource for sustainable development.
• This act in a way protects intellectual property rights and the traditional knowledge related to cultural diversity and biodiversity
• It expands the mandate of the 5th & 6th Schedules of the Constitution that protect the claims of indigenous communities over tracts of land or forests they inhabit.
• The displaced communities’ rights are secured by the forest rights act 2006. 
• The alienation of tribes was one of the factors behind the Naxal movement, which affects states like Chhattisgarh, Odisha and Jharkhand.The Act through identifying IFR and CFR tries to provide inclusion to tribes. Read more about the Status of the Tribal populations in India on the linked page.
• The rights of marginal and tribal communities over developmental activities are also recognized and secured by FRA 2006
• Forest rights can also be claimed by any member or community who has for at least three generations (75 years) prior to the 13th day of December, 2005 primarily resided in forest land for bona fide livelihood needs.
• The act will ensure that people get to manage their forest on their own which will regulate the exploitation of forest resources by officials, improve forest governance and better management of tribal rights.
• Land and its management fall under the exclusive legislative and administrative jurisdiction of States as provided under the Constitution of India. The land reforms are monitored by the Ministry of Rural Development(MoRD) and Department of Land Resources (DoLR) which is the nodal Ministry at the Centre.

 Forest Rights Act (FRA) 2006 Criticism

• The act has been criticized on the following lines: The debate on the issue of the act leading to even more encroachment of already troubled forest lands has started.
• Though the act tries to focus on the needs of the forest dwellers, it defeats the purpose when the eviction rate of families from these lands increases as their claims on these lands are not accepted by the government.
• The role of the sub-divisional level committee is always questioned as they have been given the important right to make a decision on the needs and claims of the marginal communities on the piece of forest lands.
• Issues have arisen from the part of forest departments who have been seen unwilling to give their forest lands. Role of forest department to let the forest dwellers sow in the forest the reap the benefits is criticized as tribes like Baigas have blamed the department to not support their claim over the land.
• The tribes and communities also lack the capability to prove their occupancy over the forest land and the law turns out to be weak to strengthen their claim.
• Government’s role of allowing commercial plantations in degraded land is also debated and questioned as the degraded land makes 40% of forests.