Forest Conservation Act (FCA) and particularly vulnerable tribal groups (PVTG)

Why in news ? The tribal Ministry has recently said that the Union government has to ensure that the schemes related to tribes like  Forest Conservation Act (FCA) and particularly vulnerable tribal groups (PVTG) continue to uplift their socio –economic conditions.

Key points :

Flagship schemes for tribal welfare:

• PM-JANMAN: Targets Particularly Vulnerable Tribal Groups (PVTGs), who are the most marginalized among Scheduled Tribes.
• DAJGUA: Focuses on Scheduled Tribe villages.

Supreme Court order:

• The Court highlighted a conflict between the Forest Rights Act (FRA) and the Forest Conservation Act (FCA).
• FRA (2006) gives forest-dwelling communities rights to land and forest resources.
• FCA (1980) restricts diversion of forest land for non-forest purposes, including development projects.

Why this is news:

• If FCA restrictions limit development or land use, it could affect the implementation of welfare schemes for tribal communities like PVTGs.
• There’s a legal and policy balancing act: ensuring forest protection while also safeguarding tribal rights and development programs.

About Forest Rights Act (FRA), 2006:

Purpose:

• Recognizes the rights of forest-dwelling communities over land and resources that they have been dependent on for generations.
• Aims to correct the historical injustice against Scheduled Tribes and other traditional forest dwellers.

Key Features:

• Individual and community rights: Right to cultivate land, collect minor forest produce, use common land for grazing, and protect sacred groves.
• PVTG focus: Particularly Vulnerable Tribal Groups are given special protections and assistance.
• Consent-based approach: Any development on forest land must involve consultation with the local communities.

Impact:

• Empowers tribes to manage forests sustainably while securing their livelihoods.

About  Forest Conservation Act (FCA), 1980:

Purpose:

• Restricts diversion of forest land for non-forest purposes, like industrial projects, dams, or roads.
• Protects forest cover and biodiversity.

Key Features:

• Central government approval needed: Any forest land use for non-forest purposes requires clearance.
• Strict protectionist approach: Even tribal rights are sometimes secondary to conservation objectives.

Impact:

• Preserves forests but can delay or prevent development projects, including tribal welfare schemes.

Why there’s a conflict

• FRA emphasizes tribal rights and participation, including converting forest land for livelihood and development.
• FCA emphasizes forest protection, restricting land diversion.
• Conflict arises when tribal welfare schemes or land rights under FRA require land that FCA restricts.

 Example:

• A government wants to implement housing or health infrastructure for a PVTG community inside a forest.
• FRA supports it (rights of forest dwellers), but FCA might block it (protect forest land).