LIJDLR

CUSTOMARY LAND RIGHTS, INDIGENOUS COMMUNITIES, AND ENVIRONMENTAL JUSTICE: LEGAL CONFLICTS AND POTENTIAL REFORMS UNDER THE FOREST RIGHTS ACT, 2006

Abhilasha Maurya, 3rd year, 5th semester Student at Siddhartha law collage Dehradun, Uttarakhand (India)

Indian communities that coexist with forests have been one of the least socio-economically empowered groups and although their rights are being acknowledged under the scheduled tribes and other traditional forest dwellers (Recognition of Forest Rights) Act, 2006, the actual implementation of the rights is still challenging. The resources of forests can only be accessed by communities in a number of regions when the communities are in a position to assert collectively their claims and resist dispossession and this has resulted in long periods of struggle over the control of resources of community forests. The FRA is coupled with the continuous mobilization of communities; forest dwellers can use their rights in full and achieve better results in the cases of acquiring the forest land. On the international scale, the development of conservation zones through international agreements like the CBD and the Paris Agreement has in many cases curtailed the use of local lands and forests undermining not only the preservation of biodiversity but also the livelihood and health of native and forest-reliant communities. This has reinforced the agreement that conservation should be right-based and community-centered in recognition of the key role that the local people play in the ecosystems. The FRA of India offers a potent model of this kind of approach because it guaranteed the tenure, access to resources, and social justice, but the transformative potential of the process needed well-determined institutional mechanisms that would define the roles and responsibilities of all stakeholders. It is on this background conflicts current study will explore the ways in which the FRA has identified forest rights, the ways in which the tension between conservation as well as communal rights gives rise to livelihood and health disabilities, and how the conflicts can be resolved with a view of establishing ecological and social integrity through legal reforms.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1955–1973.
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