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Forest Conservation Efforts – NFP, Western Ghats, etc.

CG HC upholds cancellation of Forest Rights of Villagers

Prelims Only | Enviro & Biodiversity | Mains Paper 3: Conservation, Environmental Pollution & Degradation, Eia

Why in the News?

The Chhattisgarh High Court has dismissed a petition challenging the cancellation of Community Forest Rights (CFRs) granted to villagers of Ghatbarra in the Hasdeo Arand forest, an area where Adani Enterprises–linked coal mines operate.

Background of the Case:

  • Dispute Origin: The District-Level Committee (DLC) revoked CFR titles in 2016, citing that the area had already been diverted for mining in 2012 with MoEF clearance.
  • Petitioners’ Claim: The Hasdeo Arand Bachao Sangharsh Samiti argued that the Forest Rights Act (FRA), 2006 provides no revocation clause and that villagers were not given a fair hearing before cancellation.
  • Court’s View: The High Court upheld the State’s decision, calling the 2013 CFR grant a “mistake” void ab initio, and legally cancellable.

Key Judicial Findings:

  • Legality of Revocation: FRA lacks explicit revocation provision, but erroneous grants may be rectified; hence cancellation was valid.
  • Prior Approvals Prevail: 2012 MoEFCC mining clearance overrode subsequent CFR grants.
  • State Mineral Ownership: FRA does not affect the State’s control over minerals beneath forest land.
  • Locus Standi: Petitioners lacked standing after the Forest Rights Committee withdrew; no authorised village representation remained.
  • Suppression of Facts: Petitioners had earlier challenged land acquisition (case dismissed in 2022) but failed to disclose it.

Significance:

This ruling marks the first judicial interpretation of whether forest rights granted under the Forest Rights Act, 2006 (FRA) can be revoked or cancelled, despite the Act containing no explicit provision for cancellation.

About the Forest Rights Act (FRA), 2006:

  • Overview: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly called the Forest Rights Act (FRA).
  • Purpose: Enacted to correct historical injustices faced by forest-dwelling communities deprived of traditional land and resource rights during colonial rule.
  • Core Objective: Ensures tenurial security, livelihood protection, and ecological stewardship of forest-dependent populations.
  • Beneficiaries: Covers Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) who have lived in and depended on forests for generations.
  • Scope: Recognises both individual and collective rights over forest land and produce, extending to cultivation, habitation, and minor forest produce use.
  • Governance Principle: Empowers Gram Sabhas as the central authority for recognising and managing forest rights, reinforcing local autonomy.
  • Integration Goal: Aligns forest governance with tribal self-rule, complementing the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).

Key Features of the FRA:

  • Individual & Community Rights: Legal recognition for occupation, cultivation, residence, and use/sale of minor forest produce.
  • Community Forest Resource (CFR) Rights: Grants Gram Sabhas control to protect, regenerate, and manage community forests.
  • Habitat Rights: Protects Particularly Vulnerable Tribal Groups (PVTGs) and pre-agricultural forest communities.
  • Governance Structure: Multi-level verification, Gram Sabha → Sub-Divisional Committee → District-Level Committee, for rights adjudication.
  • Development Provisions: Allows limited diversion of forest land for public utilities with Gram Sabha consent.
  • Eviction Safeguard: No eviction until claims are fully processed and rights recognised.
  • Decentralised Oversight: Empowers Gram Sabha as the final decision-making authority on forest rights and management.
  • Legal Integration: Reinforces PESA’s participatory governance and community-led conservation in Scheduled Areas.
[UPSC 2021] At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

Options: (a) Ministry of Environment, Forest and Climate Change
(b) Ministry of Panchayati Raj
(c) Ministry of Rural Development
(d) Ministry of Tribal Affairs*

 

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