Legislative Framework of Governance and Tribal Development: Status of Forest Land Allotment for STs and TFDs under the Forest Rights Act

Abstract

Democratic decentralization in the recent advancement dialogue emerged as a key instrument of administrative control with emphasizing people’s involvement in the decision-making processes, thus ensuring accountability and transparency in the execution of the development programmes. This article attempts to study the decentralization process, its elements, its conceptual and theoretical understanding under legislative frameworks of governance (i.e., evolution of Panchayati Raj Institutions under 73rd Constitutional Amendment and extension through the Panchayat Extension to Scheduled Areas Act). It is also based on the assumption that legislative frameworks of governance which delegate powers from top–bottom have widened the scope of local self-governance relating to the establishment, powers, functions and responsibilities of Panchayati Raj Institution. Hence, it is transferred from central to local government as a way to promote broader values of pluralistic participatory democracy, but towards forest resources allotment and tribal development, legislative frameworks of governance leave a lot of scope for reforms. As the gaps prevail, they have weakened the implementation process of forest resources/lands among Scheduled Tribes (STs) and Tradition Forest Dwellers (TFDs) addressed under the Forest Rights Act. The article also aspires to look into the process towards forest land allotment for STs and TFDs and their linkages with governance institutions which have not been able to sufficiently create/address/promote the well-being and sustainable livelihood. It also looks into the distinctive nature of the Forest Rights Act as force of State and role of non-government organizations leading towards collective interests and norms that shape the quality and quantity of life among STs and other TFDs within society through social capital. Lastly, it discusses the employed methodological considerations, objectives, findings and conclusion.