Monday, August 3, 2020

How Property and Civil Rights Help Forest Tribes Modernize and Prosper: Lessons from India

Do historically isolated forest tribes need protection from modernization? Critics claim that modernization, especially through dams and mining, is disastrous for tribes and that tribespeople cannot handle commercial life, are easily duped, and end up destitute.

The Indian Forest Rights Act of 2006 provided legal title to forest dwellers for land they had been cultivating as of December 2005.

The 2006 act also gave tribes property rights over bamboo in forests; other trees belong to state forest departments.

Much has been written on the adverse impact of modernization on historically isolated forest tribes of India.

In over 60 districts in 5 central Indian states-mostly in forest areas-Maoist insurrections have raged for decades, often fueled by tribal protests against development projects and deprivation of civil rights.

Tribes had lived in these forests for millennia, and the British forest laws allowed them to continue living there but with no ownership rights.

A major change came with the Forest Rights Act of 2006, which defined bamboo, tendu leaves, and several other marketable items as minor forest produce; gave traditional forest dwellers rights of ownership; and granted them access to collect, use, and dispose of minor forest produce, which had been traditionally collected within or outside village boundaries.

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