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Centre Revamps Forest Rights Implementation Mechanism

Why in the News ?

The Ministry of Tribal Affairs has decided to restructure Forest Rights Act (FRA) Cells by creating unified Project Monitoring Units (PMUs) at State and district levels, prompting confusion among States that had already established dedicated FRA cells for implementation in coordination with the Forest Conservation Act framework.

Policy Shift: From FRA Cells to PMUs:

  • A year after launching funding support for FRA Cells, the Ministry has expanded their mandate into broader Project Monitoring Units (PMUs) to streamline forest governance and environmental clearance processes.

  • The move was discussed in a February 4 review meeting with States to streamline policy coordination and address concerns regarding ex post facto approvals in forest land diversion cases.

  • Each State/UT PMU will comprise four officials: one for FRA support, one for livelihood support, one IT/MIS expert, and a team leader/assistant to ensure compliance with environmental impact assessment requirements.

  • At the district level, PMUs will include two experts for FRA implementation and one MIS expert for coordination, particularly in processing environmental clearances for forest-dependent communities.

  • The Ministry stated that maintaining separate cells for individual policies increased administrative costs and complicated communication, especially when dealing with retrospective environmental clearances and post facto regularization matters.

  • The aim is to establish a ‘one-stop’ coordinating unit for smoother and faster implementation of tribal welfare policies while ensuring adherence to the EIA notification and other environmental safeguards.

State-Level Concerns and Implementation Challenges

  • Several States have expressed confusion, as many had already operationalised FRA Cells in alignment with environmental jurisprudence principles.

  • The Odisha government ordered the closure of FRA cells in 50 sub-divisions in line with the Centre’s revamp, raising concerns about maintaining a pollution free environment in tribal areas.

  • Chhattisgarh is exploring whether existing cells can be restructured instead of dismantled, particularly considering the precautionary principle in forest conservation.

  • Officials were informed that FRA cells were meant to be temporary support mechanisms, though their role in facilitating environmental democracy through Gram Sabha participation remains crucial.

  • Until June last year, the Ministry had sanctioned 324 district-level cells in 18 States/UTs and 17 State-level cells, many working on issues related to ex-post clearances and forest land regularization.

  • States are assessing how the transition to PMUs will impact processing of forest rights claims and digitisation efforts, especially in ecologically sensitive areas including the coastal regulation zone.

About Forest Rights Act, 2006 :

●  The Forest Rights Act (FRA), 2006, formally known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, recognises forest rights of tribal communities and traditional forest dwellers, operating in conjunction with the Forest Conservation Act to balance conservation and livelihood needs.

●  It grants Individual Forest Rights (IFR) and Community Forest Rights (CFR) over forest land and resources, ensuring that any developmental activities requiring environmental clearance respect these rights.

●  The Act seeks to correct the historical injustice caused by colonial and post-colonial forest laws, incorporating principles of environmental jurisprudence including the polluter pays principle in cases of forest degradation.

●  Implementation involves Gram Sabhas, Sub-Divisional Level Committees, and District Level Committees, promoting environmental democracy through participatory decision-making processes.

●  Digitisation and record maintenance are critical for ensuring transparency and accountability, particularly when addressing legacy issues and avoiding ex post regularizations that undermine legal frameworks as highlighted in the Vanashakti judgment.

●  The FRA plays a key role in livelihood security, forest governance, and achieving inclusive development while upholding the precautionary principle to ensure sustainable resource management and a pollution free environment for future generations.