National Seminar (February 11-12, 2023) Sponsored by : DEPARTMENT OF HIGHER EDUCATION, Government of Uttar Pradesh Oren] DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY [Te Te) er.———————__ << PRIORITIZING INDIGENOUS AND TRIBAL PEOPLE IN INDIA’S FOREST GOVERNANCE LEGAL, INSTITUTIONAL & ENVIRONMENTAL DIMENSIONS (FORESTS AND THE ROLE OF FOREST COMMUNITIES IN SUSTAINABLE MANAGEMENT OF THE FORESTS) Forests are seen differently by different groups of stakeholders, They are an important and mostly a scarce natural resource for the government. The conservation groups regard them as a sacred space whose protection should be prioritized, The industrialists have long viewed the diversion of forests necessary for industrial use. For city dwellers looking for a respite from the cacophony of city life, forests are tourist spots. However, for indigenous communities, forests constitute an essential part of their identity, culture, traditions, and livelihoods. And yet, the dominant discourse on forests for long has failed to recognize the indigenous and tribal peoples’ agency and knowledge in forest conservation and protection. According to Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, "for over a century, conservation has resulted in cultural destruction and large-scale displacements of tribal people from their ancestral lands." India is home to about 700 tribal groups with a population of 104 million, as per the 2011 census. These indigenous people constitute the second largest tribal population after Africa. Most of these tribal groups have been living around forests for centuries. And yet historically, either they have been missing from the dominant discourse on forest governance in India or portrayed as a problem in forest conservation policies who needed to be displaced for effective outcomes. In early 2000, rights-based politics gained prominence in India; therefore, the exclusion of tribals and indigenous communities in forest governance was resisted by forest and tribal rights groups. It has eventually led to the enactment of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Rights) Act in 2006, The Forest Rights Act (F.R.A.) was the first legal recognition of the rights-based approach towards conservation and recognized the historical injustice and exclusion of the tribals and indigenous communities in India's legal regime. Notably, the Act decentralized forest governance by placing the control of forests in the hands of local communities. Understandably, the Act created friction among stakeholders and faced numerous challenges. While a 2019 order of the Supreme Court ordered large-scale eviction of forest dwellers, historically Supreme Court's jurisprudence has alternated between enabling a strict conservation regime for forests based on the exclusion of local communities and the emphatic endorsement of the rights of communities against corporates. The court has emerged as the final arbiter of interests mainly through the innovative use of Public Interest Litigation (PILs) ina space dominated by competing interests and contradictory legislations. India is committed to significantly enhancing its forest cover to meet its Intended Nationally Determined Contributions (I.N.D.C.) in the coming years as part of the 2015 Paris Agreement. Also, crop yield is expected to decline because of climate change. Therefore, it necessitates sustainable forest management, making it imperative to recognize and sustain the symbiotic relationship between the forests and indigenous communities, Itis particularly critical in the present times for COVID-19 induced measures have taken a toll on the livelihoods of indigenous communities, most of whom are part of the informal sector of the economy. It is against this background that this Seminar seeks to undertake a critical evaluation of India's prevailing forest governance regime. Primarily focussing on the rights of scheduled tribes and other indigenous communities, it would examine if the current legal and institutional arrangement for forest governance in India is sufficiently inclusive of providing them share in the power and voice in the decision making in the real sense Finally, it deliberates on an appropriate forest governance model for India that is inclusive, sustainable, and sufficiently dynamic to respond to current challenges. The present Seminar proposes to bring the academicians, Politicians, civil society, and general people in dialogue with one another. The Sessions will focus on the issues, prospects, and challenges before the Indian society, polity, and economy in sustainable forest management in India, The following are the major themes of the Seminar. Themes : The History and Politics of Forest Governance in India Forest Rights in Colonial India eee———————__ << ‘Forests and Polities of Exclusion in Independent India Democratic Decentralization and Indigenous Communities Legal and Institutional Regime on Forests * Colonial Legacy of Forest Related Enactments + PESAand Tribal Rights in India ‘ Forest Rights Act, 2006 and Concomitant Issues * Institutional Regime For Forest Governance in Independent India * Locating Indigenous Communities In The Legal And Institutional frame Role of Judiciary in Forest Governance ‘* Supreme Court's Jurisprudence on Forest Protection + Public Interest Litigation and Access to Justice forthe Local Communities ‘* Approach on the Constitutionality of the Forest Rights Act Harmonizing Environment Protection and Rights of Indigenous and Tribal Population * Role of Indigenous Communities in Climate Change Mitigation * Genderand Green Governance ‘The Forest and Tribal Communities in Uttar Pradesh * Socio, Economic and Political Challenges. * The Notion of Joint Forest Management and the Democratie Space. + Experience and insights on the implementation of the Forest Rights Act in Uttar Pradesh, Paper Submission Details : Papers on the above themes or any theme within the scope of the Seminar are invited from interested research scholars and professionals. Interested participants may send abstracts of around 300 words to [email protected]. Abstracts should reflect a judicious blend of theoretical rigor and compelling empirical evidence, clearly mentioning the theme, methodology, and emphasis. The last date for submission of the Abstractis 15* January 2023. Presentation : Selected papers will be presented in different technical sessions, followed by adiscussion. Publication : Accepted papers would be published in the form of Seminar Proceedings to be released along with Souvenir at the Seminar. University is in touch with leading publishing houses for the publication of selected papersinthe form ofa book. Registration Fee : There is no registration fee for the Seminar, The organisers will make efforts to provide modest accommodation to outstation participants subject to the availability of the same in the University guest house/hostels. eee———————__ << Chief Patron Prof. S.K. Bhatnagar Hon'ble Vice Chancellor Patron Prof (Dr.) C. M. Jariwala Dean (Academics) Organizing Secretary/Convener Prof. Sanjay Singh Co-conveners Dr. Amandeep Singh / Ms. Priya Anuragini Members Dr. Atul Kumar Tiwari Dr. Alka Singh Dr. A. P. Singh Dr. Aparna Singh Dr. Visalakshi Vegesna Dr. Manoj Kumar Dr. K. A. Pandey Dr. Malay Pandey Dr. Vandana Singh Dr. Prasenjit Kundu Dr. Manish Singh Dr. Shakuntla’ Sangam! Dr. Rajneesh Yadav Dr, Samreen Hussain Dr. Monika Srivastava Dr. Vikas Bhati Dr. Prem Kumar Gautam Dr. Abdullah Nasir Dr. Bhanu Pratap Singh Dr. Isha Yadav Dr. Vipul Vinod Dr. Mitali Tiwari Dr. Ankita Yadav Dr. Shashank Shekhar Contact Information All correspondence/communication should be addressed to : Prof. Sanjay Singh Organizing Secretary/Convener Dr. Ram Manohar Lohiya National Law University, Sec. D-1, L.D.A. Scheme, Kanpur Road, Lucknow - 226012 E-mail : [email protected] Cell : +91-9450768961