Re-evaluation of Forest Rights in India

By Priyanka Chakraborty15IP61012LL.B. 2nd YearUnder the Guidance of Prof. Arindam Basu

Lynn White and Religion and Environment Connection

Religions affect person’s perception about the environment..

Christianity is the most anthropocentric religion the world has seen.

Human ecology is deeply conditioned by beliefs about our nature and destiny that is, by religion.

It was realized that if the established religions were mobilised in the cause of environment, it would be easier for the environment protection movement to achieve its goal of a green, sustainable future.

Contd…

International Scenario of

religion with environment

The Assisi Declarations

Faiths and the Environment — Engagement through World Bank Operations

WWF Faith For Conservation

CASE- Lyng v. Northwest Indian Cemetery Protective Association, 485U.S439 (1988)

Different Religions and its Impact

ChristianityWhite wrote, “Christianity made it possible to exploit nature in a mood of indifference to the feelings of natural objects.”

Contd.. Judaism

Fink writes, “The belief is that humans are only tenants on this earth. The land belongs to God. We are given permission to enjoy the Creator's abundant gifts, but we must not waste or want or destroy anything.”

Islam

Humans’ good deeds are not limited to the benefit of the human species but rather extend to the benefit of all created beings.- Prophet Muhammad

Hinduism

Hinduism appears to be a de facto supporter of renewable fuels. Hindus are instructed not to “use anything belonging to nature, such as oil, coal, or forest, at a greater rate than you can replenish it.”

Buddhism

It is viewed by many as the most environmentally friendly religion of all, mainly because it believes in the fundamental equality of all sentient beings: We are all born, we all age, then we all die.

Indian Context

Orissa Mining Corporation Case-A Landmark JudgmentThis case is an instance to prove that FRA can be a rights-based tool to effectively ensure protection of Indigenous peoples’ and local communities’ rights over natural resources.

OMC Impact

The judgment upholds the customary and cultural rights of local communities in accordance with the Forest Rights Act.

It has given new impetus to the local community and gram sabhas to assert their rights under the FRA and Panchayat (Extension to Scheduled Areas) Act.

Villages got community rights under clause 3(1)(c) and 3(1)(d) of FRA.

But there has been improper implementation of the Supreme Court order by the state government.

Present situation

Alaknanda Hydro Power Company Ltd. v. Anuj Joshi and Ors., 2013(10)SCALE261- OMC case taken as reference

Baiga tribals become India’s first community to get habitat rights.

A village in Maharashtra stands up for its rights.

Hurdles and Issues in Implementation of the Forest Rights Act

FRA in most cases allows development projects, and not the use and management of forest resources.

The claims of villages with a predominance of non-scheduled forest dwellers are being denied or put on indefinite hold.

Dominant political systems many a times limit the de facto rights enjoyed by communities.

Communities and officials in many parts of India simply do not know about the provisions or how to use them.

Implementation of the existing forest laws, policies, and programs without taking into account the FRA has effectively constrained assertion and exercise of forest rights at the grassroots level.

In several villages the area over which community forest rights have been recognised is much less than what the village has protected and had claimed.

Protected areas are examples where divergent approaches and resistance of the Forest Department have obstructed the recognition of rights under the FRA.

Contd..

What can be done to protect Forest Rights?

The Joint MoTA-MoEF Committee and the National Advisory Council have suggested the establishment of a national FRA council as a support and monitoring body for implementation of the FRA.

It is necessary to carry out massive legal awareness on the FRA.

There needs to be regular monitoring of forest land use.

Monitoring and reporting process should include information on forest land use and diversion for various purposes, as well as compliance with the FRA.

Conclusion The glitches in OMC must be removed, for, in OMC discussion was

majorly over religious aspect, and environment protection came as a branch of it, which should be the other way round.

A balance must be maintained between rights, religion and environment.

Development should be allowed, but at what cost, that must be scrutinized!!

Enabling legislature so that existing rights under the FRA are not constrained.