Community Forest Rights Governance in the Post-FRA Phase: Experiences from Maharashtra

Abstract

Maharashtra presents a virtually unique case where much of the state’s potential forest areas have been recognised in the name of Gram Sabhas under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006. The recognition of community forest rights that began in 2009, as a result of the collective action of Gram Sabhas facilitated by grassroots organisation and NGOs across Maharashtra has contributed significantly in enhancing the livelihood of forest dwellers. Today, community forest resources under the control and management of Gram Sabhas in Maharashtra (especailly in Vidarbha region), appears to be at a scale and level of maturity unmatched anywhere else in the country. Vidarbha region stands apart from rest of the country in three aspects. First, the recognition of community forest areas is equivalent to the traditional and customary boundary of the Gram Sabha. There is hardly any difference between the recognised and traditional and customary boundary of the Gram Sabhas. Secondly, more than fifteen hundred villages in this region have asserted their rights over minor forest produce by opting out from the traditional NTFP market process led by the Forest Department. The third unique aspect of Vidarbha region lies with the nature and kind of community forest resource management plan facilitated and supported by the state tribal department along with the grassroots organisation and NGOs. 

It is thus an interesting state for worth discussing the governance process that has been followed in the recognition and facilitation of community rights over forest resources under the Forest Rights Act of 2006. In this presentation, I attempt to explain the contributing factors both during and in the post-FRA recognition process in Maharashtra and their implication in the governance of community forest resources. I argue that there is strong persuasive evidence showing that the recognition of community forest rights and subsequent policy intervention in the post-FRA phase is the result of constant interface and engagement of Gram Sabhas through NGOs and grassroots organisation with the state machineries. I then explain the different governance models that are operating in different regions of Maharashtra in asserting community rights over resources. I argue that, for the most part, governance of community forest resources (both access and management rights) is more effective if Gram Sabha is part of Group Gram Sabhas or federation. Finally, I point out that although group Gram Sabhas or Gram Sabha federations are emerging as possible alternative strategies, there is a need to streamline the process of Gram Sabha federation functioning by providing technical and institutional support to the federation from the state administration. 

About the speaker

Geetanjoy Sahu is an Assistant Professor at the Centre for Science, Technology & Society, School of Habitat Studies, Tata Institute of Social Sciences (TISS), Mumbai. He earlier served as Post-Doctoral Associate at the Centre for Interdisciplinary Studies in Environment and Development (CISED), Bengaluru. He holds PhD in Political Science from the Institute for Social and Economic Change (ISEC), Bengaluru and MPhil from the Hyderabad Central University (HCU), Hyderabad. His research and teaching interests broadly include environmental policy and governance, analysis of judicial behavior on environmental litigation and politics of interaction between state and forest rights groups over forest resource management. He is the author of the book titled “Environmental Jurisprudence and the Indian Supreme Court: Litigation, Interpretation and Implementation”.