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Implication of Forest Rights Act in the Context of Sustainability of Forests and Rights of Individuals and Communities: Special Reference to Implementation of Community Rights

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Type: Conference Paper
Author: Lobo, Viren
Conference: Sustaining Commons: Sustaining Our Future, the Thirteenth Biennial Conference of the International Association for the Study of the Commons
Location: Hyderabad, India
Conf. Date: January 10-14
Date: 2011
URI: https://hdl.handle.net/10535/7167
Sector: Forestry
Wildlife
Region:
Subject(s): biodiversity
wildlife
community forestry
forests
sustainability
livelihoods
protected areas
Abstract: "The Forest Rights Act 2006 came in response to the necessity of recognition of rights of communities living in and around the forest and dependent on them in one way or the other. The major gain so far has been the recognition of practice of agriculture as a legitimate use of the forest. The Act also provides protection to communities against eviction and rehabilitation in the Protected Areas, Sanctuaries and National Parks by specifying that rehabilitation can only take place by consent for those areas that are defined as critical wildlife habitat. The lessons that can be learnt from Community Conserved Areas (CCA) where communities themselves have delineated critical wildlife habitat and have evolved methods which are inclusive instead of inviolate are important in this regard as they imply that the necessity for inviolate spaces and hence forcible eviction is limited and even in such limited contexts, the possibility of working out an amicable solution in the context of CCA exists. In this context it is proposed to study the issues related to three Sanctuaries/National Parks close to Delhi and review relevant literature/experiences. The issues emerging show some relationship with the conditions which define man/ecology, man/animal relationships. The Wildlife Act attempted to curtail rights relating to natural resource exploitation with varying degrees of success. The applicability of FRA in national parks and sanctuaries is an admission of the fact that rehabilitation of the local population did not work as had been planned. Can provisions in the Act like right to habitat, right to protect forests be used creatively to entitle local communities to develop micro plans for conservation?"

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