Where are Tribals in Their Development? A Century of Indian Forest Legislations

Abstract

Historically, forest resources were being accessed and utilized predominantly by the forest dwelling tribal communities (FDTCs), but during the colonial regime and later by the State’s interventions, accessibility and ownership on forests were being regularized and controlled through forest legislations. Over the century, forest acts and policies have claimed to conserve and provide the equitable and justifiable distribution of forest resources among the human populace. Ironically, the State has been using its eminent domain power to exclude FDTCs from their rights to livelihood and thereby from social equity and justice. In the pre- and post-independence periods, focus moved from the commercialization of forest resources to communities’ livelihood and participation in the forest governance. Laws are inherently centralized both at the planning and implementation levels and, therefore, hardly there is any scope for principles like social equity and justice for the local communities. This article attempts to address the trends in the forest policies and acts through a critical review and also by analyzing empirical studies on its formulation. In doing so, it will explore the major changes in the Indian forest policies and their relationship with the rights and livelihood of FDTCs.