Ministry vs ministry on forest tribes claim
In an office memorandum issued on July 2, the tribal affairs ministry questioned the environment ministry's assertion in the India State of Forest Report 2023 that 'titles given to beneficiaries under the Forest Rights Act (2006) (FRA)' contribute to negative changes in forest cover.
The State of Forest Report noted that 'forest cover changes observed during the two-year interval reflect actual changes on the ground,' encompassing conversions between forest and non-forest areas and shifts among different canopy density classes. However, it lists FRA titles alongside factors such as harvesting of short rotation plantations, logging, shifting cultivation practices, human encroachment, and natural calamities like storms and floods.
The intervention comes amid mounting criticism from forest rights activists who accuse the environment ministry of systematically undermining the 2006 law designed to recognise the rights of forest-dwelling tribal communities.
The tribal affairs ministry's memorandum specifically references volume 1 of the State of Forest Report. 'Therefore, the MoEFCC is requested to provide a detailed scientific analysis to support this claim with valid instances through field verification as the report mentions,' the memorandum states.
It warns that 'without adequate scientific evidence, reporting the vesting of FRA rights to tribal communities is causing degradation of forests may reinforce stereotypes amongst governments including district administrations and forest administration, that could undermine the rights vested under the Act, as well as effectiveness of the implementation Act.'
The ministry emphasised that the Forest Rights Act was enacted to recognise legitimate claimants present in forest areas before December 13, 2005, and does not regularise encroachments but acknowledges pre-existing rights already being exercised by eligible individuals and communities dwelling in forest areas, including national parks and sanctuaries.
'Beyond securing the tenure of existing forest dwellers, FRA does not create any new rights that could potentially affect the ecological balance within protected areas,' it added.
The dispute highlights deeper tensions over the FRA's implementation since its enactment in 2006. The legislation was designed to correct historical injustices faced by forest-dwelling tribal communities who had been denied formal recognition of their traditional rights. The law acknowledges that these communities have been 'integral to the very survival and sustainability of the forest ecosystem' and seeks to strengthen conservation efforts through their involvement.
The legislation was intended to address decades of displacement and marginalisation of tribal populations in the name of forest conservation, recognising both individual and community forest rights including the crucial right to protect, regenerate and manage community forest resources.
HT sought a response from the ministry of environment, forest and climate change on the office memorandum by the ministry of tribal affairs, but did not receive a response immediately. HT also reached out to tribal affairs minister Jual Oram and the spokesperson for tribal affairs but did not get any response.
The development follows a submission to the Prime Minister by nearly 150 organisations last week against alleged subversion of the FRA. The coalition of forest rights groups accused the environment ministry and forest bureaucracy of systematically resisting FRA implementation for the past 16 years.
Their submission highlighted multiple developments, including a National Tiger Conservation Authority order dated June 19, 2024, directing eviction of 64,801 families from tiger reserves across India. The activists argued this contradicts the FRA's provisions recognising traditional rights in protected areas.
The groups also criticised comments by environment minister Bhupender Yadav in a June 5 interview with HT, where he attributed primary forest degradation partly to 'titles given under Forest Rights Act (FRA) 2006.'
In that interview, Yadav had said: 'Although there is a net increase in dense forests in the country, there are areas where the dense prime forests have been affected with degradation. This may be due to encroachment, illicit felling and in the northeast region, due to shifting cultivation. And to a lesser degree, due to unregulated grazing, natural causes like storms and landslides, and also titles given under Forest Rights Act (FRA) 2006.'
The minister had suggested addressing degradation through 'stringent protection measures added with effective community involvement, and also by regulating shifting cultivation in the northeastern region.'
Responding to that submission on Thursday, the environment ministry said the government remains committed to tribal welfare and active involvement in forest management through traditional knowledge whilst enhancing livelihood opportunities.
The ministry also defended recent amendments to the Van (Sanrakshan Evam Samvardhan) Adhiniyam against allegations that changes were made 'without an in-depth knowledge and understanding of its various provisions, the factual position and its implementation.' Critics have argued these amendments undermine institutional authorities established under the Forest Rights Act.
The ministry insisted that amendments were carried out through proper constitutional processes and parliamentary procedures. It highlighted Rule 11(7) of the Van (Sanrakshan Evam Samvardhan) Rules 2023, which requires state governments to settle all forest rights claims under the 2006 Act before allowing any forest land to be diverted for non-forest purposes.
'This clause ensures that forest rights are indeed recognised,' the ministry said, arguing that proper legal safeguards remain in place despite activist concerns about implementation delays and bureaucratic resistance.
'The most effective way to understand this is by analyzing satellite imagery and corroborating it through on-ground verification—particularly using land titles granted under the Forest Rights Act. Comparing these data points with historical data from previous decades can provide a clear and objective picture of any changes in forest cover in those areas, including the extent of such changes,' said Debadityo Sinha, Lead- Climate & Ecosystems, Vidhi Centre for Legal Policy.
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