Source : The Hindu  

Introduction 

Forest policies represent the intersection of conservation, indigenous rights, and resource management, evolving from colonial exclusionary approaches to more inclusive frameworks. The Forest Rights Act of 2006 marked a paradigm shift in recognizing indigenous communities as traditional custodians of biodiversity rather than encroachers. 

What are the International Legislations Related to Forest? 

• Convention on Biological Diversity (CBD), 1992: Serves as the largest international legal instrument guiding conservation and biodiversity-related frameworks with 196 signatory countries. The CBD's main objectives are conservation, sustainable use, and fair and equitable sharing of benefits from biodiversity. 
• Rio Forest Principles, 1992: Adopted at the United Nations Conference on Environment and Development in Rio de Janeiro, establishing foundational forest policy recommendations that serve as the basis for subsequent policy initiatives. 
• IPF/IFF Proposals for Action, 1997: Provides detailed guidance on implementing the Rio Forest Principles at national and regional levels. 
• United Nations Forum on Forests (UNFF), 2000: A forest policy forum established under ECOSOC, which together with the Collaborative Partnership on Forests forms the International Arrangement on Forests. 
• UN Declaration on the Rights of Indigenous Peoples, 2007: Addresses discrimination faced by indigenous peoples worldwide and emphasizes their right to "maintain and strengthen their own institutions, cultures and traditions." 
• International Arrangement on Forests (IAF), 2015: Comprises five components: the UN Forum on Forests and its Member States, the UNFF Secretariat, the Collaborative Partnership on Forests, the UNFF Global Forest Financing Facilitation Network, and the UNFF Trust Fund. 
• Kunming-Montreal Global Biodiversity Framework (KMGBF), 2022: Adopted at CBD COP-15, seeks to integrate indigenous peoples and their traditional knowledge in biodiversity conservation, with the "30 by 30" target to protect 30% of the world's land and marine areas by 2030. 
• CBD COP-16, 2025: Established a permanent subsidiary body for IPLCs and adopted a program of work on Article 8(j), making the CBD the only UN Convention with a dedicated platform for implementing indigenous rights. 

What are the Indian Laws Governing Forest Rights? 

• Indian Forest Act, 1865: The first legislation giving the British government authority to declare any tree-covered area as Government Forest and make rules for their preservation. 
• Forest Act, 1927: A comprehensive legislation that repealed all previous forest laws, divided into 13 chapters with 86 sections, strengthening the regulatory framework for forests. 
• Wildlife Protection Act, 1972: Formalized the protected-area model in India, leading to the establishment of 1,134 protected areas including 58 tiger reserves by 2025. 
• Forest Conservation Act, 1980: Enacted to prevent deforestation and ecological imbalance, restricting the de-reservation of forests and use of forest land for non-forest purposes. 
• Biological Diversity Act (BDA), 2002: Implemented to fulfill India's obligations under the CBD, establishing a three-tier institutional system for biodiversity conservation. 
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006: Recognizes and vests forest rights to forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in forests for generations but whose rights were not recorded. 
• National Biodiversity Strategy and Action Plan (NBSAP), updated 2025: Established 23 targets aligning with global biodiversity frameworks, though still favoring state-led conservation over decentralized approaches. 
• Biodiversity Rules, 2024 (Draft): Proposed guidelines that potentially impact forest rights, with the Ministry of Tribal Affairs advocating for integration with FRA frameworks. 

What are the Constitutional Frameworks for Forest? 

• Article 48-A: Directs the State to protect and improve the environment and safeguard forests and wildlife. 
• Articles 244 and 244A: Provide special provisions for the administration of Scheduled Areas and Tribal Areas. 
• Fifth and Sixth Schedules: Provide autonomy and protection to tribal areas, allowing for self-governance and customary law application. 
• Recognition of Scheduled Tribes: The Constitution formally recognizes Scheduled Tribe groups and provides a framework to protect their rights and interests. 
• Provisions of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996: Extends provisions of panchayat governance to Scheduled Areas, empowering gram sabhas to safeguard community resources. 

What was the Forest Rights Act? 

• About  
  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006 addresses "historical injustice" suffered by forest dwellers whose rights were not recognized during colonial and post-independence periods. The Act came into force on December 31, 2007. 
• Key Provisions 
  • Rights Recognition: The Act recognizes 13 rights including:  
    • Rights to forest land for habitation and cultivation. 
    • Community rights to forest products. 
    • Rights to protect and manage community forest resources. 
    • Rights to biodiversity access and traditional knowledge. 
  • Governance: Establishes democratic, decentralized structure through:  
    • Village-level gram sabhas with institutional authority. 
    • Three-tier verification system for claims. 
  • Eligibility:  
    • Scheduled Tribes residing in forests before December 13, 2005. 
    • Other Traditional Forest Dwellers with 75+ years of residency. 
  • Conservation Rights:  
    • Gram sabhas empowered to protect forests, wildlife, and biodiversity. 
    • Communities can form protection committees. 
  • Protections:  
    • No evictions until rights recognition process is complete. 
    • Free Prior Informed Consent required for relocation. 
• Key Facts and Challenges 
  • The FRA can potentially protect 4 crore hectares of forest land 
  • Ministry of Tribal Affairs mandates settling forest dwellers' rights before declaring biodiversity heritage sites 
  • India has approximately 104 million Adivasis (8.6% of population), the world's largest indigenous population in a single country 
  • "Other Effective Area-based Conservation Measures" (OECMs) present both opportunities and challenges 
  • While recognizing tribal rights, India avoids using the term "indigenous peoples" in its laws 

Conclusion 

The Forest Rights Act represents a landmark shift in Indian legislation, attempting to balance conservation with indigenous rights while addressing historical injustices. The key challenge remains integrating newer conservation initiatives with the rights recognized under the FRA to achieve both ecological conservation and social justice.