Q. What do you mean by forest dwellers?

What are the

rights guaranteed under Forest Dwellers Act,2019? Do
the women also possess rights under this Act? What is
the role of judiciary and other institutions in
implementing the same? Write a case study of
Jharkhand for a period of 2018-23.
WHO ARE FOREST DWELLERS?
Approximately 250 million people in India are residents of
forest areas, relying on the forests and their resources for
their sustenance. These individuals engage in activities such
as gathering, grazing, and cultivation to support their
livelihood. Unfortunately, they have been subject to
exploitation, harassment, and eviction for centuries. To
address these issues, India introduced the Forest Dwellers' Act
in 2006, which grants various rights to forest dwellers,
including title rights, use rights, relief and development rights,
and forest management rights.

THE SCHEDULED TRIBES AND OTHER FOREST

DWELLERS’ AMENDMENT ACT, 2019
1)In section 2 of the Amendment Act, 2019, for the words
"primarily reside in", the words "primarily reside in or in the
close proximity of forests" shall be substituted.
2)In section 3 of the Forest Dwellers’ Act, 2006, after the sub-
section (2), the amendment prescribed that the central
government shall ensure
• provisions of developmental requirements such as food,
health, education etc...
• the land requirements for developmental purposes from
the forest
land shall only be given to forest dwellers
• that the female members are vested with equal rights
• special provision for female-headed households and
widows
3) In section 4, all of the sub-section 5 has been substituted,
namely
• no forest dwelling scheduled tribe shall be evicted for his
occupation until the verification shall be completed
 • a resettlement package is provided
• the consent of the Gram Sabhas of the area and of the
affected individuals to the resettlement has been obtained
in writing
• facilities and land allocation are completed as per the
promised package.
• as per clause 5A, the affected community shall have the
right to their original habitation if they are not satisfied
with the provided package.
4) In section 6, after sub-section (8), it was inserted that the
Sub-Divisional Level Committee, the District Level Committee
and the State Level Monitoring Committee shall also have
members from the forest dwelling Scheduled Tribes not less
than one-half of the members.

CHALLENGES IN IMPLEMENTING FRA

CHALLENGES IN
IMPLEMENTING THE FRA

Complex
procedures which
are time- Re-establishing
consuming and state’s powers
difficult to
understand.

The reluctance
Lack of awareness
and resistance of
among the forest
forest department
dwellers
to implement the
regarding their
same mainly due
rights
to lack of
resources
WOMEN AND FRA
Despite the Forest Dwellers' Act of 2019 providing women
with the same legal rights as men and mandating their
representation in the Grama Sabha, practical implementation
of these rights often falls short. While the law offers legal
security for women, a lack of awareness acts as a significant
obstacle to their realization of these rights. Moreover, deep-
rooted patriarchal norms in society often hinder women from
exercising their rights, leading to various forms of violence
and subjugation. To address this social issue, governments and
civil societies can take measures to raise awareness among
women and ensure the protection of their rights.

ROLE OF JUDICIARY AND OTHER INSTITUTIONS

The judiciary has played a vital role in enforcing the Forest
Rights Act (FRA) by ensuring governments adhere to the law
and protecting forest dwellers from eviction. In a landmark
verdict in 2020, the Supreme Court, in the case of Wildlife
First vs. Ministry of Environment, directed the government to
implement the FRA in a manner that prioritizes the rights of
forest dwellers. Additionally, the Court mandated that forest
dwellers cannot be evicted without providing them with
alternative land and means of livelihood.

The Ministry of Tribal Affairs is responsible for overseeing the

comprehensive implementation of the FRA, including
providing funding and technical support to state governments
and other stakeholders. The Forest Department has the
responsibility of identifying and verifying forest rights claims.
It also plays a vital role in managing community forests and
protecting wildlife. Lastly, the Gram Sabha, which serves as
the village assembly, holds the primary decision-making power
over forest rights. It is responsible for approving forest rights
claims and managing community forests.

CASE STUDY OF JHARKHAND FOR A PERIOD

OF 2018-23

Title: "Sustainable Livelihoods and Conservation: A

Case Study on Forest Dwellers in Jharkhand (2018-
2023)"

INTRODUCTION
Jharkhand is home to many indigenous groups whose
livelihoods are closely entwined with the forests. The state is
renowned for its rich biodiversity and deep forests. The
purpose of this case study is to investigate the dynamics of the
interaction between Jharkhand's forest inhabitants and their
natural surroundings between 2018 and 2023.

BACKGROUND
Tribal communities, like the Santhals, Mundas, Oraons, and
others, have lived in Jharkhand's wooded terrain for centuries,
depending on these woods for their means of subsistence. The
lives of these forest inhabitants were impacted by major
changes in policy, socioeconomic variables, and environmental
circumstances between 2018 and 2023.

OBJECTIVES
• To evaluate how government actions affect the rights and
means of livelihood of people who live in forests.
• Assess the impact of community-based conservation
programmes on biodiversity preservation
• Examine how the socioeconomic landscape and customs
of forest communities have changed over time.
• To comprehend the difficulties forest inhabitants
confront as a result of environmental deterioration and
climate change.

OBSERVATION
Impact of initiatives: Changes to environmental rules and
the Forest Rights Act (FRA) were two examples of
government initiatives that had conflicting outcomes. The
FRA acknowledged the rights of forest inhabitants, but
there were still issues with how it was put into practise.
Conflicts resulted from the displacement of some
communities as a result of conservation initiatives.
Socio-Economic Changes: During this time, some
communities diversified into non-farm pursuits, while others
saw alterations to their traditional means of subsistence. In
certain regions, accessibility to healthcare and education
increased, but discrepancies remained. Cultural practises
also changed as a result of the inflow of outside influences.
Community-Based Conservation: Success has been shown in
maintaining biodiversity through local efforts, such as
community-managed conservation programmes. But the
results were not all that consistent, which emphasises the
necessity for customised strategies. In order to achieve
lasting results, community, non-governmental organisations,
and government institutions have to work together.
Climate Change and Environmental Challenges: The
proliferation of illnesses and changed rainfall patterns were
two issues that forest inhabitants had to deal with. The
traditional way of life of the people was threatened by illicit
logging and deforestation. Adaptive strategies were
investigated, such as sustainable farming methods.

SUGGESTIONS
• Enhance the application of the Forest Rights Act and
guarantee the involvement of forest inhabitants in the
decision-making procedures.
• Create and assist community-led conservation
programmes that combine traditional knowledge with
cutting-edge techniques.
• Put climate-resilient plans into action and teach forest
communities in sustainable resource management and
agriculture.
• Promote inclusive growth by addressing socioeconomic
gaps and guaranteeing that everyone has access to
healthcare and education.

SWOT ANALYSIS

Column1
Strenths Weaknesses Opportunites Threats

25%
30%

25%
20%
Strengths:
• Customary Knowledge and Practises:
People who live in forests have a wealth of customary
knowledge on the conservation of biodiversity and
sustainable resource management.
Resilience is enhanced by traditional farming methods
that have been adjusted for regional ecosystems.
• Cohesion of the Community:
Robust social links within communities facilitate group
decision-making and provide networks of support.
Cultural values that are shared promote collaboration in
conservation initiatives.
• Cultural Heritage:
The region's distinctive cultural practises and customs
add to its cultural variety and sense of identity.
The possibility of ecotourism centred on native customs
and culture.
Weaknesses
• Limited Access to Healthcare and Education:
Community development is hampered by unequal access
to healthcare and education services.
Ignorance of contemporary conservation and farming
methods.
• Reliance on Traditional Livelihoods:
Communities that rely too heavily on traditional
livelihoods are more susceptible to shifts in the
environment and in the market.
Limited exploration of alternate revenue streams.
• Difficulties in Implementing Policies:
Insecure land tenure might result from the poor
application of laws like the Forest Rights Act.
Limited involvement and representation in the
procedures that lead to decisions
Opportunities
• Initiatives for Community-Based Conservation:
Possibilities to take part in and gain from community-
based conservation initiatives.
 Working together on sustainable development with
governmental and non-governmental organisations.
• Potential for Eco-Tourism:
Rising interest in eco-tourism offers a chance to generate
revenue in a sustainable manner.
Encouraging indigenous artists, crafts, and cultural
events for travel.
• Training and Skill Development:
Possibilities for training courses to improve knowledge of
contemporary conservation techniques, agroforestry, and
sustainable agriculture.
Combining innovative approaches with conventional
wisdom to manage resources more skilfully.

Threats:
• Deforestation and land degradation:
Dangers from encroachment, illicit logging, and
unsustainable land-use practises.
Deforestation results in the loss of biodiversity and
traditional lands.
• Effects of Climate Change:
Modifications in weather patterns that impact
conventional farming and the availability of resources.
More frequent extreme weather occurrences that have an
effect on people's livelihoods.
• Social and Economic Disparities:
Potential for conflict due to unfair resource and benefit
allocation.
Financial strains causing the short-term exploitation of
natural resources.
• Global Economic patterns:
Forest product market prices are susceptible to changes
in these patterns.
Competition for scarce resources and market access from
bigger industries.

Conclusion
The case study sheds light on the intricate interactions
between socioeconomic variables, environmental changes,
and policies that impact Jharkhand's forest inhabitants. The
recommendations emphasise the significance of inclusive
and community-centric approaches for long-term
sustainability and seek to strike a balance between
conservation efforts and the sustainable lives of these
people.