India’s Forest Rights Act and Global Conservation Challenges

Why in News? The article highlights the exclusionary nature of global conservation laws that often displace indigenous peoples and local communities (IPLCs) while contrasting India’s Forest Rights Act (FRA) of 2006 as a progressive framework.

Relevance : UPSC Pre & Mains

Prelims : IPLCs/FRA/KMGBF/CBD

Mains :  GS 2/ GS 3 – GS Paper III (Environment, Biodiversity, Economic Development):

 Key Points of News:

Global Conservation and Exclusion:

• Fortress Conservation Model: Rooted in colonial ideas of “pristine” nature, this model creates protected areas under centralized state control, criminalizing IPLCs as encroachers. It has displaced 10–20 million people worldwide.
• Role of IPLCs: Communities like the Masai, Ogiek, Batwa, Ashaninka, and Adivasis have historically protected biodiversity in regions they govern, nurturing ecosystems sustainably.
• Convention on Biological Diversity (CBD): Established in 1992, the CBD guides global conservation with 196 signatories. Its objectives include conservation, sustainable use, and equitable benefit-sharing. Article 8(j) emphasizes respecting IPLC knowledge, but progress is slow.
• Kunming-Montreal Global Biodiversity Framework (KMGBF): Adopted at CBD’s COP-15 (2022), it includes the ‘30 by 30’ target to protect 30% of land and marine areas by 2030, emphasizing IPLC inclusion but risking exclusion without proper rights recognition.
• UN Declaration on the Rights of Indigenous Peoples (2007): Supports IPLC rights to maintain institutions and traditions, addressing global discrimination.

India’s Conservation Landscape

• Biodiversity and Legal Frameworks: India, a megadiverse country, is a CBD signatory and enacted the Biological Diversity Act (BDA) in 2002 to promote conservation through a three-tier system: National Biodiversity Authority, State Biodiversity Boards, and Biodiversity Management Committees (BMCs).
• Historical Dispossession: Laws like the Wildlife Protection Act (1972) and Project Tiger (1973) formalized protected areas, displacing at least 600,000 people by February 2025, with 1,134 protected areas and 58 tiger reserves notified.
• Forest Rights Act (FRA) 2006: A landmark law recognizing Adivasi and forest-dweller rights, linking tenure security with conservation. It vests authority in gram sabhas for decentralized governance and recognizes 13 rights, including access to biodiversity and the right to manage community forest resources sustainably.
• Constitutional Support: India’s Constitution recognizes Scheduled Tribes (8.6% of the population in 2011, ~104 million) and includes provisions for Scheduled and Tribal Areas (Articles 244, 244A). Laws like the PESA Act (1996) and FRA advance these protections.

FRA’s Global Significance

• The FRA is described as one of the world’s most advanced legal frameworks, integrating tenure security, community rights, and biodiversity conservation through democratic mechanisms.
• It acknowledges historical injustices faced by Adivasis and forest dwellers, offering a model for inclusive conservation.

Recent Developments (2025)

• CBD COP-16 (November 2024): Established a permanent IPLC subsidiary body and a work program for Article 8(j), making CBD the only UN convention with a dedicated IPLC platform.
• India’s National Biodiversity Strategy and Action Plan (NBSAP): Updated with 23 targets for 2030, emphasizing community rights but relying heavily on State-led measures and BMCs, which are not fully functional. Synergy with FRA’s decentralized approach is unclear.
• Other Effective Area-Based Conservation Measures (OECMs): India plans to notify OECM guidelines, offering potential for community-led conservation but risking exploitation without legal safeguards.

Challenges and Recommendations:

• Risks of Exclusion: The ‘30 by 30’ agenda and BDA’s monetization of biodiversity could undermine IPLC rights and expose traditional knowledge to corporate exploitation.
• Strengthening FRA: The Union Ministry of Tribal Affairs (2024) recommends integrating BDA mechanisms with FRA’s gram-sabha-led systems and ensuring prior informed consent before declaring biodiversity heritage sites.
• Potential Impact: FRA could protect 40 million hectares of forest land, including protected areas, if supported by aligned laws and policies.

Conclusion:

While global conservation often marginalizes IPLCs, India’s FRA offers a progressive model by empowering communities as biodiversity stewards. However, effective implementation and synergy with other frameworks like the BDA and NBSAP are crucial to realizing its potential and ensuring inclusive conservation.