FOREST RIGHTS ACTIVISTS LAMENT IMPROPER IMPLEMENTATION OF FRA-2006

By Sukanta Kumar Mohanty

Bhubaneswar, May 7: Members of the National Alliance on Minor Forest Produces (MFPs) and Community Forest Rights (CFR) have alleged that The Forest Rights Act (FRA), 2006 is not properly implemented in its true letter and spirit in different states in India with regard to assertion of rights over CFR and MFPs.

The FRA 2006 with rules 2008 recognizes rights of the tribal and other forest dwellers having dependency on forest and water resources for many generations. This Act is an important decision of the Government of India to undo injustice on the tribal and other traditional forest dwellers.

As per the Union tribal affairs ministry report, about 41, 27, 284 Individual Forest Rights (IFR) claims and 1, 69, 887 Community Forest Rights (CFR) claims were filed at the Gram Sabha levels. Of them, 19, 75, 743 Individual Forest Rights (IFRs) and 1, 01,501 CFR titles have been approved. The IFR and CFR and recognized claims over 42, 47,168 acres and 1, 16, 56 947 acres of forest land, respectively.

“There are many hurdles created by the forest department, particularly in the assertion of forest rights in the context of MFP management and trade, particularity Tendu (kendu) leaf and bamboo in some states like Odisha, Chhattisgarh, Madhya Pradesh, Gujarat and Jharkhand. The process initiated by Gram Sabha recognized by CFR on the collection of Tendu leaf is obstructed by confiscation of materials and denial to transportation on transit pass by concerned department. This is observed as sheered violation of the provision of the rights vested to the Gram Sabha by FRA which is settled and statutory act of the country,” alliance members told this newspaper.

The MoTA and ministry of environment, forest and climate change (MOEFCC) should issue clear direction to the state government for not creating any hurdle in assertion of rights under CFR & MFP and create conducive environment to ensure sustainable livelihood of poor tribal and people of the weaker sections, those who are heavily dependent on the forest produces.

We urge constitutional institutions like National and State Commission on Scheduled Tribe to take congruence of violation of FRA to such cases and pass direction to stop injustice on tribal and other weaker sections of the country.  In case of assertion of their rights under CFR,” they demanded.

The alliance members said the Union government should ensure and facilitate assertion of rights of the Gram Sabha recognized under CFR by withdrawal of all directions and executive orders which are derogatory to Forest Rights Act.

MoTA, GoI and concerned state departments should declare Minimum Support Price (MSP) for MFPs like Tendu leaf, Bamboo and Jamun fruit.

The Alliance, among others, also made following demands and recommendations.

•             The Govt. should ensure procurement of MFPs declared with MSP and ensure that no purchaser should procure MFP below MSP. In violation concerned should be punished. Support Gram Sabha to market MFPs by giving training, building their capacities and providing handholding support.

•             There are many hurdles created by the Forest Dept. in the assertion of forest rights in the context of MFP management and trade, e.g. Tendu leaf and Bamboo in some states like Odisha, Chhattisgarh, Madhya Pradesh, Gujarat and Jharkhand. The process initiated by Gram Sabha recognized by CFR on the collection of Tendu leaf is obstructed by confiscation of materials and denial to transportation on transit pass by concerned dept. This is observed as sheer violation of the provision of the rights vested to the Gram Sabha by FRA, which is a settled and statutory act of the country.

•             The Process of recognition of Community Forest Rights (CFR) claim should be completed with top priority. All rejections of CFR claims should be well intimated with speaking order (reason for rejection & suitable time should be for the necessary appeals).

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Those who interacted with media on behalf of NACM on MFPs and CFRs included Dilip Gode, Prashant Mohanty, Sudhanshu Deo, Dr Sricharan Behera, Dr Kishore Moge, Keshav Shori, Smriti Das, Ajit Kumar Bisoi, Deme Oram, Chitta Ranjan Pani.