Maharashtra leads the country in recognising Community Forest Resource Rights (CFRR)

1. Maharashtra leads the country in recognising Community Forest Resource Rights (CFRR), having granted titles to 8,661 villages .
2. Chhattisgarh holds the second position with 4,328 CFRR titles issued as of September 2024, followed by Odisha, which ranks third with 3,659 titles granted as of August 31, 2024.
    

Community forest rights
 

1. CFR refers to forest areas traditionally used and managed by local communities.
2. It includes common forest lands within a village's traditional or customary boundaries.
3. These areas can be part of:

1. Reserved forests
2. Protected forests
3. Protected areas (like wildlife sanctuaries or national parks)
    

Legal Clarity and Status of CFR Rights
 

1. Statutory Backing

1. CFR is legally defined under Section 2(a) of the Forest Rights Act (FRA), 2006.
2. It is a recognized legal category of forest rights, distinct from individual forest rights.
    

2. Legal Entitlement, Not a Concession

1. CFR rights are not a privilege granted by the state.
2. They are legal entitlements of Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) who have been historically dependent on forests.
    

3. Vested in the Gram Sabha

1. The Gram Sabha is the statutory authority to:

• Initiate the process of CFR claims.
• Protect, conserve, and manage the forest resource.

2. This ensures decentralised, community-based forest governance.
    

4. Recognition Process

1. Title to CFR is given in the name of the Gram Sabha.
2. Requires submission of a claim, verification by officials, and approval by the District Level Committee (DLC).
    

 5. Protection from Diversion

1. Once CFR rights are recognised, no forest land can be diverted (e.g., for mining or development) without Gram Sabha consent.
2. This has been reinforced by MoEFCC guidelines (2009) and Supreme Court judgments.
    

What CFR Rights Include
 

1. Right to protect, regenerate, conserve or manage any community forest resource for sustainable use.
2. Right to access and use minor forest produce (like tendu leaves, bamboo, honey).
3. Right to traditional knowledge and intellectual property related to biodiversity.
4. Right to protect against destruction or diversion of forest land without community consent.
    

Significance of CFR Rights
 

1. Livelihood Security

1. Forest dwellers depend heavily on non-timber forest produce (NTFP).
2. CFR enables collective ownership, allowing communities to harvest, process, and market produce like Bamboo,Tendu leaves, Mahua, Sal, Amla, etc.
    

2. Ecological Stewardship

1. Communities have a stake in conserving biodiversity.
2. Traditional ecological knowledge leads to better forest management, especially in: fire control, water conservation, sustainable harvesting.
    

 3. Decentralised Governance

1. Empowers Gram Sabhas over forest departments.
2. Leads to local-level forest governance, which is more: Transparent, participatory and accountable.
    

 4. Historical Justice

• Recognises the rights of Scheduled Tribes and Other Traditional Forest Dwellers (OTFDs) who were historically excluded from forest governance.
   

The Forest Conservation Rules, 2022
 

1. The Forest Conservation Rules, 2022 were established to update the Forest (Conservation) Act of 1980.
2. They aim to make the process of diverting forest land for non-forest activities like mining or infrastructure more efficient while ensuring environmental safeguards are maintained.
3. However there are apprehensions that new forest conservation rules will undermine the implementation of community forest resource rights .
    

Issues with forest conservation rules 2022

 

 1. No Requirement of Gram Sabha Consent at Initial Stages of Forest Land Diversion Proposals
 

1. Earlier, before a project (like a mine or highway) could get initial clearance for using forest land, the Gram Sabha (village assembly) had to give prior informed consent.
2. Under the 2022 rules, this consent is no longer required at the first stage.
3. The project can now get “in-principle clearance” before consulting the Gram Sabha.
4. It is concerning because it disempowers local communities.
5. Makes Gram Sabha approval a formality, not a safeguard.
6. Violates the Forest Rights Act (2006), which gives Gram Sabhas legal power to approve or reject such projects.
    

2. Responsibility of Recognising Rights under FRA Shifted from Project Authorities to State Governments, After In-Principle Clearance
 

1. Earlier, it was the responsibility of the project proponent (e.g., mining company) to ensure that forest rights were settled before forest clearance.
2. Now, the State Government is responsible for ensuring this — but only after the project gets the first-level (in-principle) forest clearance.
3. It Creates a conflict of interest: State governments often support projects for revenue.
4. Rights of forest dwellers may be rushed or ignored to fast-track approvals.
5. It weakens accountability of project developers.
    

3. Private Parties and Corporations Can Now Be Allowed to Plant on Degraded Forests and Claim Them under Compensatory Afforestation
 

1. When forest is diverted for a project, companies are legally required to compensate by planting trees elsewhere – this is called compensatory afforestation.
2. Now, private entities can "adopt" degraded forest lands, plant trees, and claim those lands as fulfilling their obligation.
3. This may lead to privatisation of forest commons — areas traditionally used by local communities for grazing, gathering, or cultural practices.
4. Once a private company takes control of such land, local people may be denied access.
5. It Encourages "greenwashing" — appearing eco-friendly while actually harming local rights and biodiversity.
    

4. Introduced ‘Land Banks’ for Compensatory Afforestation
 

1. States can now create pre-identified land banks (usually degraded forests or community lands) where compensatory afforestation can take place.
2. When a project is approved, the company can just plant trees in these banks instead of finding new land.
3. These “banks” often include common lands used by tribal and forest-dwelling communities, but not legally recognised under FRA.
4. It bypasses customary ownership and traditional use, making it easier for governments to alienate land without consent.
5. It prioritises bureaucratic convenience over legal and moral obligation to protect community rights.
    

Current Status of CFR Rights
 

1. Limited implementation across India:
   1. Maharashtra: Only state to operationalise CFR rights effectively.
   2. Chhattisgarh: Recognised ~36% of potential CFR areas.
   3. Odisha: Recognised ~10% of potential areas.
   4. Madhya Pradesh & Karnataka: No recognition of CFR rights so far.
   5. Most states show minimal or no progress.
       
2. Displacement of Forest Dwellers

1. Over 1,00,000 people displaced due to creation of protected areas by the National Tiger Conservation Authority (NTCA).
2. Includes 64,000+ families removed from core tiger reserve areas.
3. Since 2000, protected areas have increased by 72%, often ignoring community consent and rights.
    

3. Impact of Development Projects

1. Over 3 lakh hectares of forest land diverted for Mining and Infrastructure
2. Recent policies (e.g., Green Credits Rules) neglect community forest rights, prioritising economic goals.
    

4. Green Displacement & Carbon Forestry

1. Projects aiming to sequester 2.5 gigatonnes of CO₂ (carbon forestry) raise alarms:
2. Risk of further displacement of forest dwellers.
3. Reinforces "green grabbing" under the guise of climate mitigation.

 

5. The CFR–FCR conflict represents a deeper battle between:

1. Rights of the people vs power of the state,
2. Ecological justice vs economic growth,
3. Democratic governance vs bureaucratic control.
    

6. Resolving this requires:

1. Restoring the primacy of the FRA,
2. Making Gram Sabha consent binding,
3. Ensuring recognition of CFR rights before any diversion, and
4. Aligning forest clearance procedures with constitutional and legal protections.

 

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