77
Once the rights have been recognized, the government has to follow certain
procedures while acquiring forest areas. Section 4 of the FRA allows the
government to resettle the forest rights holders for wildlife conservation
projects only under the conditions that – (1) all the claims for the rights have
been settled; (2) a proper rehabilitation and compensation package has been
provided and the informed consent of Gram Sabha has been obtained; and,
(3) that it is that last and the only option available. The first two conditions are
significant as they are the ones always violated by the government.
One of the recent trends in the exploitation of forest lands is the Compensatory
Afforestation2 drive. With the increased global concerns over climate change,
the new initiative of using forests as carbon sinks has emerged. However, it
needs to be determined whether afforestation is also used as a shield for the
authorities to exploit the forest. This process is governed by the Compensatory
Afforestation Fund (CAF) Act of 2016, which requires that clearance of any
forest has to be accompanied by the acquisition of equivalent non-forest land
or twice the amount of forest land for afforestation. According to this Act,
only consultation and not consent of the affected people is required for land
acquisition, hence allowing arbitrary acquisitions. According to a report, this
process has been used as an excuse to get around the proper process of
land resettlement under FRA and there is no proper mechanism of monitoring
whether the acquired land is actually used for afforestation purposes (Karthik
and Kodiveri, 2018). According to a survey conducted by Community
Forest Rights-Learning and Advocacy (CFR-LA), an advocacy group, many
“ghost plantations” were seen in the areas acquired for the compensatory
afforestation program (CFR-LA, n.d.). According to the study, some projects
in Chhattisgarh and Madhya Pradesh were discovered wherein funds were
invested for afforestation, but no plantation activities were commenced even
after several years.
Many environmentalists now assert that afforestation is leading to an effect
opposite to what was intended. A tree plantation (as opposed to natural
2
Afforestation is the establishment of a forest or stand of trees (forestation) in an area where there was no
previous tree cover.
India Land Conflict Monitoring Report
that 40 percent of all the people displaced by government projects are tribal
people in the country (Kumar, 2017). It was then that the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act of 2006,
commonly known as the Forest Rights Act (FRA), was adopted. It was enacted
to recognize and record the rights of the scheduled tribes and other forest
dwellers over the forests and its products. Broadly, there are three types of
rights given to them under the Act – title rights, use rights, and right to protect
and conserve.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents