Empowering India’s Climate Action: The Transformative Role of the Forest Rights Act

In 2024, significant changes are happening for Adivasi and indigenous communities in India and across the globe. At the international level, the COP29 conference introduced the Baku Workplan, which aims to elevate the voices of indigenous peoples in climate discussions. In India, there have been two crucial court rulings and a new government scheme that aims to empower tribal communities and fast-track the recognition of their forest rights.

One of the Supreme Court rulings directs the Union government to create a national policy for protecting sacred groves, which are vital for the cultural and ecological landscape of these communities. Another landmark decision expands the definition of the “right to life” to include protection against the impacts of climate change. This highlights the important role that forest-dwelling communities play in addressing the climate crisis.

However, a significant legal challenge looms. The Supreme Court is set to consider the constitutional validity of the Forest Rights Act (FRA) of 2006, which could have serious implications for the rights of these communities.

The conversation around climate justice is guided by the principle of common but differentiated responsibilities (CBDR), which places greater accountability on developed nations for emissions. India’s stance at COP29 emphasized this principle, reminding the world to consider the unique challenges faced by the Global South. Adivasi communities, who have had little to do with climate change, are among the most vulnerable to its effects.

India’s approach to mitigating climate impacts heavily relies on the Land Use, Land Use Change, and Forestry (LULUCF) sector. The country aims to create a significant carbon sink while recognizing that about 275 million rural residents depend on forests for their livelihoods, including 89 million tribal people. Community-managed forests have been shown to reduce deforestation rates and maintain biodiversity, underscoring the need for secure land tenure for indigenous peoples.

The FRA plays a crucial role in ensuring that these communities have legal recognition of their rights over forest resources. It seeks to rectify the historical injustices faced by forest-dwellers by granting them rights to manage and conserve the ecosystems they inhabit. This act empowers local communities to decide how their resources are used sustainably.

For instance, in Odisha, a Supreme Court ruling requires the consent of local Gram Sabhas before diverting forest land for development projects. This landmark decision protects biodiversity-rich regions like the Niyamgiri hills from destructive practices. Communities like the Kadar in Kerala have also harnessed their rights under FRA to manage their forest resources sustainably, creating collective forums for conservation.

Stories of successful local governance under the FRA illustrate its potential. For example, in Maharashtra, communities have pushed back against environmentally harmful commercial plantations, restoring native forests instead. In Nayagarh district, Odisha, a traditional forest stewardship system run by women has helped combat deforestation.

Despite these successes, the potential for recognizing Community Forest Resource (CFR) rights remains underutilized. Recent studies suggest that roughly 34.6 million hectares could still be eligible for CFR recognition across India. Yet, as of October 2023, only a fraction of the necessary land titles have been distributed under the FRA.

To realize the full promise of the FRA, the government needs to enhance policy and financial support for community-based climate solutions. Ensuring that climate and biodiversity policies comply with the FRA can help drive effective climate action, supporting indigenous rights while promoting ecological and economic sustainability.

As Aditi Vajpeyi highlights, addressing these issues requires a commitment to integrating traditional knowledge and community governance into climate policies. The path forward is clear: empowering local communities is essential to building resilience in the face of climate change.

Check out this related article: Revolutionary Report: How UK Broadcast Media’s Climate Change Coverage is Driven by Events – Insights from Water Magazine

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