Madhya Pradesh Pauses Forest Rights Directive After Union Minister’s Intervention

The Madhya Pradesh Forest Department has put in abeyance an August 6 directive concerning community forest resource (CFR) rights claims after objections from a Union Minister, members of a chief ministerial task force and civil society groups.

The directive, issued by Principal Chief Conservator of Forests (Work Planning and Forest Land Records) Manoj Kumar Agarwal, instructed field officers, including chief conservators of forests, divisional forest officers and field directors of national parks and sanctuaries, to receive CFR rights claims during meetings scheduled for August 15.

The move faced objections because the Forest Rights Act (FRA), 2006, provides a specific role to the Gram Sabha in the process of determining forest rights. Under the Act, the Gram Sabha initiates the process, receives claims, consolidates and verifies them, prepares maps of claimed areas and passes a resolution.

On September 30, Principal Chief Conservator of Forests and Head of Forest Force Subharanjan Sen issued an order stating that the August 6 letter was being kept in abeyance. The order said that instructions regarding community forest resources would be issued by the government in the future as required.

The directive had also drawn the intervention of Durgadas Uikey, Union Minister of State for Tribal Affairs, who wrote to Madhya Pradesh Chief Minister Mohan Yadav seeking changes to or a pause in the directive. Uikey said the directive was not in consonance with the provisions of the Forest Rights Act, 2006.

In his letter, Uikey highlighted the legal definition of community forest resources under the FRA. This includes customary community forest land within the traditional or customary boundaries of a village, as well as reserved forests and protected areas, including sanctuaries and national parks, to which communities have traditionally had access.

The minister also raised concerns that the August directive appeared to narrow the scope of forest areas where community forest resource rights could be claimed.

Under the FRA framework, the Gram Sabha has the primary role in initiating the process of determining forest rights. After claims are received, consolidated and verified, the process moves to the Sub-Divisional Level Committee and subsequently the District Level Committee.

The forest and revenue authorities have roles in verification and other prescribed procedures, but the minister emphasised that these authorities should not substitute the statutory role of the Gram Sabha.

The Madhya Pradesh Forest Department's decision to keep the August directive in abeyance therefore pauses its implementation while further government instructions on community forest resources are awaited.