Forest Rights Act (FRA), 2006/Community Forest rights (CFRs)

The Chhattisgarh High Court’s recent ruling on the Ghatbarra village case holds significant implications for forest rights under the Forest Rights Act (FRA), 2006, and sets a precedent for how such rights may be interpreted or reversed, even when cancellation is not explicitly provided for in the law.

 The Court Ruling:

• Context: The Ghatbarra village, located in the Hasdeo Arand forest, was granted community forest rights (CFRs) in 2013 under the FRA. The area overlaps with land allocated to Adani Enterprises-owned coal mining projects (Parsa East and Kete Basen mines).

• Cancellation: In 2016, the District-Level Committee (DLC) cancelled the CFR titles, citing that they were granted in error, as the land was already earmarked for mining with forest diversion approved in 2012.

About Forest Rights Act (FRA) 2006:

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, popularly referred to as the Forest Rights Act (FRA), 2006, is a historic legislation enacted by the Indian Parliament to address past injustices facing Adivasis (tribals) and forest-dwelling communities.

Key Objectives:

• Recognize and finalize forest rights in favor of forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been living in a range of ways in forests for generations.
• Democratize forest governance by conferring legal entitlements to land and forest resources.

Major Types of Rights Under FRA:

• Individual Forest Rights (IFR) – Rights relating to land being cultivated by forest dwellers.
• Community Forest Rights (CFR) – Collective rights to:
• Use and manage forest resources.
• Protect, regenerate and conserve forests.
• Access and streamline minor forest produce, grazing areas, water bodies etc.; Improvement rights that allow rights-holder to improve water bodies, identify and designate grazing areas etc.

 About Hasdeo Arand Forest:

• Hasdeo Arand is located in Chhattisgarh and is among the oldest and the densest forests in India.
• The forest covers around 1,70,000 hectares which contains a rich biodiversity, water sources, and Adivasi settlements.
• The Hasdeo Arand forest also forms part of an elephant corridor and has ecological significance.
• Hasdeo Arand forest is also located on extensive coal deposits thus making it a site for conflict between conservation, community rights, and coal mining.

Major Issues:

• Because of its ecological value, the Hasdeo Arand forest has been opened for coal mining, including companies like Adani Enterprises with state authorizations.
• Some local Adivasi communities are resistant to coal mining, calling into questions violations of their rights to the forest and culture.

 About Community Forest Rights (CFRs) :

• CFRs which are part of the Forest Rights Act (FRA) provide whole communities the right to collectively access, use, and manage forest resources.
• CFRs are not restricted to economic use (such as collecting minor forest produce); they also include the cultural, traditional, and religious aspects.
•  The Legal Process for CFRs: Community forest rights start within the Gram Sabha (or village assembly) where the villages identify and recommend claims.
• The claims must be verified by a Sub-Divisional (SDLC) and District-Level Committee (DLC). Once recognized as CFRs, villages can: Preserve and manage the forest. Authorize or reject any proposal for changes on how the land can be used (e.g., mining or diversion).