The Jurisprudential Recognition Of The Rights Of Forest Dwellers In Assam, India: A Case Study From Six Districts Of Assam

Abstract

In India traditionally forests were managed as common property resources where local communities enjoyed their rights to manage the forest resources and lands. However, the British Colonial Rulers initiated the commercialization of forests and brought forests under state control, the legacy of which continued even after India gained independence. Further, to tackle the issue of massive deforestation many forest dweller communities were evacuated from the forest lands alleging their presence as the sole reason for such deforestation. However, subsequently to ensure the participation of local communities in sustainable forestry, the Joint Forest Management (JFM) system and for addressing the historical injustice done to the forest dwellers, the Forest Rights Act of 2006 were launched and enacted respectively. These initiatives were adopted in India to match the globally adopted standards for community-inclusive conservation and sustainable utilization of natural resources. However, although the Forest Rights Act, of 2006 became landmark legislation for ensuring a rights-based conservation model, several technicalities remained unsolved. Such lacunas got reflected when recently in Assam, a State of India, the Gauhati High Court held that there are no forest dweller communities in the State that is known for having a huge proportion of land area under forest cover. In such a situation, the rights of these forest-dependent communities become highly vulnerable which demands immediate research. This study was therefore conducted in six districts of Assam where it was concluded that amendments in the Forest Rights Act are necessary considering the unique socio-political situations of the State and also clarity amongst the legally established institutional arrangements is required.