The Chhattisgarh Forest Department has withdrawn its recent circular on Community Forest Resource (CFR) rights after massive tribal protests across the state.
About the Circular
- Designation of Nodal Agency: The circular proposed to make the Chhattisgarh Forest Department the nodal agency for implementing Community Forest Resource (CFR) rights, which traditionally falls under the jurisdiction of the Tribal Development Department.
- Reference to National Working Plan Code: It invoked the National Working Plan Code (NWPC) 2023 under the guise of promoting “scientific forest management,” potentially undermining community-led forest governance.
- Advisory Nature with Implementation Gaps: The department claimed the circular was advisory in nature, aiming to address inconsistencies in CFR rights implementation and seeking to integrate CFR management with national forest planning standards.
Concerns Raised Against the Circular
- Violation of FRA and Constitutional Provisions: Activists alleged the circular undermined the Forest Rights Act, Gram Sabha supremacy, and constitutional safeguards under the Fifth Schedule and PESA Act.
- Jurisdictional Overreach: Designating the Forest Department as the nodal agency was seen as an illegal encroachment on the authority of the Tribal Development Department.
- Threat to Community Control: The circular was viewed as an attempt to centralize forest management, risking the dilution of community rights over 20,000 sq. km of forest land.
Conclusion
The withdrawal of the circular marks a significant victory for tribal communities, reaffirming their constitutional and legal rights under the FRA and PESA, and emphasizing the central role of Gram Sabhas in community-led forest governance and sustainable management.
About Community Forest Resource (CFR) Management Plans
- They are meant to be created by forest-dwelling communities whose rights are recognised under the Forest Rights Act (FRA).
- These plans aim to sustainably use forest resources for livelihoods and forest conservation, benefiting the community.
- Community Forest Resources (CFR) means customary common forest, including reserved forests, protected forests and protected areas.
-
- It also includes land within the customary or traditional boundary of the village or seasonal use of landscape in the case of pastoral communities.
Community Forest Resource rights
- The Community Forest Resource rights are provided under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act.
- It provides for recognition of the right to “protect, regenerate or conserve or manage” the community forest resource.
- It allows the community to formulate rules for forest use by itself and others and thereby discharge its responsibilities.
- CFR rights, along with Community Rights which include nistar rights and rights over non-timber forest products ensure sustainable livelihoods of the community.
- Jurisdiction of Gram Sabha: These rights give the authority to the Gram Sabha to adopt local traditional practices of forest conservation and management.
|
To get PDF version, Please click on "Print PDF" button.