Revitalization of Rivers in India Draft Policy - Isha Guru Jaggi Vasudev

Revitalization of Rivers In India
Draft Policy Recommendation
The Forest Rights Act also has special provisions for protected areas with
provision for declaring `critical wildlife habitats’. These are important wildlife
areas that are to be kept inviolate, i.e. no human activity that is scientifically and
objectively shown to damage wildlife is permissible in these areas. Although this
implies that some livelihood activities of forest dwellers could be modified or
restricted in these areas, the process through which this is to occur is transparent
and consultative. Even in protected areas from where forest dwellers are to be
resettled, it has to be done with prior, informed consent of the affected persons.
Additionally, the Act states that the critical wildlife habitats cannot subsequently
be used for purposes other than wildlife conservation (Kothari et al. 2009).
The actual implementation of the FRA, or more specifically the recognition of
rights via claims, occurs through a multilayered process conducted by various
authorities (Box 1). These range from the Gram Sabha to committees at the subdistrict,
district and state level. The Act relies heavily on the Gram Sabha to drive
the claims process forward. Although the power of final decision on the validity
of a claim lies with the district committee, it is the Gram Sabha that starts the
process to determine the nature and extent of individual or community forest
rights (Kalpavriksh, 2008 and MoTA & UNDP, 2014).
BOX 1: Institutions and processes for implementation of FRA
The Forest Rights Act lays out a series of procedures, and creates or authorizes
institutions at various levels, for its implementation.
At the grassroots level, Gram Sabha is the authority to initiate the process of
determination of rights which include receiving, consolidating and verifying
claims. A Forest Rights Committee (FRC) at Gram Sabha level is constituted
and authorized by Gram Sabha to assist it in its functions to collate, verify, and
approve claims to rights.
A Sub-Divisional Level Committee (SDLC) examines the Gram Sabha
resolutions on rights claims and maps related to these claims, and provides its
opinion on them to the next level of authority, the District Level Committee.
496 Annexures