Authors

1*P.Akhila ,  2Dr. Arya Prabhu

1*P G Scholar, Department of Dravyaguna Vijnanam, Mannam Ayurveda Co-operative Medical College, Pandalam, Pathanamthitta,

2Associate Professor, Dept. of Dravyaguna Vijnanam, Mannam Ayurveda Co-operative Medical College,Pandalam, Pathanamthitta

ABSTRACT

Forests are vital to life on Earth. They purify the air we breath, filter the water we drink, prevent erosion, and act as an important buffer against climate change. Forests offer a home to much of the world’s diverse array of plants and animals and provide essential natural resources from timber and food to medicinal plants. Forests also support the lives of local communities and help them to thrive. The Schedule Tribe and other traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) was passed by the Indian Government to recognize rights of forest dwelling tribal communities. The act aims to positively impact the livelihood of the forest dependent tribals, but due to the lack of clear understanding and irregular implementation, this goals were not fully achieved. This present article reviewed Forests Rights Act 2006, its objectives, authority and procedure for approval, challenges faced in FRA implementation and suggestions to overcome those challenges. FRA and Ayurveda can be related through various objectives such as Rights to protect, regenerate or conserve any community forest resource, Right of ownership, access to collect, use and dispose of minor forest products, Right of access to biodiversity and community right intellectual property and traditional knowledge. The act plays various purposes in Ayurveda, which includes Conservation of medicinal plants, For identification and collection purposes, Ethno-botany of many herbal drugs.

Key words – Forests, Recognition of Forest Rights Act, FRA and Ayurveda

 

INTRODUCTION

Medicinal plant resources of forest origin are extensively used in India for various medical systems. Tribal communities have their own traditional knowledge for curing many diseases. Forest is one of unique treasure and rich source of diversified ethno-botanical wealth. These free gifts of nature distributed in the tribal belt of India necessitated exercising ‘control over nature’ for economic growth. Pastures, non-timber forest products etc. that have been used and collected by the tribals were categorized under state property. Hence, the first attempt by the state to undo the historical injustice towards tribes is FRA. The Scheduled Tribes and Other Traditional Forest Dweller’s (Recognition of Forest Rights) Act, 2006 popularly called as the Forest Rights Act (FRA). This law concerns the rights of forest dwelling communities to land and other resources .It is specially meant for ensuring sustainable livelihood for the tribal populations and other forest dwellers. It was passed in India on 18 December 2006 and the notification of rules for implementation came to existence on 2008 January 1.Livelihood of millions of the poor will get benefited and improved by the act. The Act is an outcome of a prolonged fight by the tribal and the marginal communities.

 

OBJECTIVES

1. To recognize the rights of the communities.
2. To encourage their participation in the conservation and management of the forests, forest products and wildlife.
3. Community Rights in addition to their individual rights.
4. Rights in and over disputed land.
5. Rights of settlement and conversion of all forest villages, old habitation etc. to revenue villages.
6. Right to protect, regenerate or conserve or manage the community forest resources.
7. Right to intellectual property and traditional knowledge related to the biodiversity and cultural diversity.
8. Rights of the displaced communities.
9. Rights over developmental activities.                                                                                                

 

AUTHORITY

• Central government recognizes and vests forest rights

 

PROCEDURE

1. Grama Sabha / Village Assembly          
2. Pass a resolution of recommendation  
3. Screened  & approved at the level of Sub-division  
4. Forwaded to District Level for Approval
5. Screening Committees of District and Sub-district consist of 3 government officials from

          - Forest Department

          - Revenue Department

          - Tribal Welfare Department

3 elected members of the local body.

FOREST RIGHTS ACT& AYURVEDA

1. Right to protect, regenerate or conserve or manage any community forest resource.

 

Eg: Issue of Buluthi rice in Attappady.

Buluthi is a special variety of rice exclusively belongs to Attappady. It was an integral part of the staple diet. Due to large scale land alienation and adverse climatic conditions, tribes stopped cultivating this. Some agricultural enthusiasts sown it at Kollengode, another part of Palakkad for the conservation of it.

1. Right of ownership, access to collect, use and dispose of minor forest product.

 

    

Eg: Extraction of resin from Boswellia serrata.

Though the land on which trees grow is accessed as a common pool resource, the trees growing on it have been traditionally divided between individual members of the family. Thus land is managed under commons, while the

trees are managed individually. Local users can use the land for extraction and access of any non-timber forest produce except for resin from Boswellia, which is accessible only to its owner.

1. Right of access to biodiversity and community right to intellectual property and traditional knowledge.

   

Eg: Trichopus zeylanicus and Kaani tribes

Trichopus zeylanicus Spp. travancoricus which is endemic to Agasthyar hills is used by the Kaani tribes for getting instant stamina, evergreen health and vitality. A scientifically validated and standardized herbal drug named ‘Jeevani’ had been developed from the whole plant and was released for commercial production in 1995. While transferring the technology for the production of the drug to the pharmaceutical firm, a benefit sharing agreement was signed to a Kaani trust to shape 50 % of the license fee and royalty with the tribal community. The agreement between the Kaanis and the scientific community which was first of its kind and is considered as a good model for using traditional knowledge from indigenous communities

PURPOSES IN AYURVEDA

1. Conservation of medicinal plants

Species rich Western Ghats is under high level of endemism. Major part of it became cultivated area. Naturally occuring species should be conserved.

Western Ghats

1. One among 18 biodiversity hotspots.
2. Highly species rich.
3. Medicinal plants-8000 species
4. Folk-4671
5. Ayurveda – 1769
6. Under constant threat-About 35 % are endemic

 

• For identification and collection purposes

Aushadhinamaroopabhyaamjayatehyjapa vane /

Avipashchaivagopaascha ye ca anyevanavaasina //

Na namajnanamathrenaroopajnaanenavapuna: /

Aushadhinamparampraptimkashchitveditumarhati//

                                                                                    Cha.Su 1

Acharya Charaka has the need of interaction between physician and village folk. He has observed that the goatherds, shepherds, cowherds and other inhabitants of the forests are well versed with names and identification of medicinal plants and its utility.

• Ethno-botany of many herbal drugs can be explored

1. Kaadar tribes

Naravelia aragoana – Whole plant paste for menstrual problems

       

 

1. Nayaka community

Gymnema sylvestre – 3 leaves crushed and taken for diabetes.

 

1. Oorali Community

Calycopteris floribunda – Leaves used for bathing in paralysis.

 

1. Kaattunaykar Community

Elephantopus scaber - 20gm root paste + Jeeraka + Allium sativum for stomach ache

CHALLENGES FACED IN FRA IMPLEMENTATION

1. Implementation has been uneven since its inception and remains incomplete.
2. Gramsabhas normally bypassed, bureaucrats, Forest Department and JFM committees supersede them.
3. States failed to respect the role of Gramasabhas.
4. Continued neglect and violation of forest rights.
5. Lack of control on decisions by subverting the roles of Gramasabha, The sub divisional and District level committees.
6. Continued evictions of forest dweller’s and tribes.
7. Misuse of GPS technology.
8. Lack of knowledge and training of implementing agencies.
9. Confined areas largely debarred

OFFENCES & PENALTIES

1. Contravenes any provision of this act or any rule made thereunder concerning recognition of forest right - With fine which may extend to 1000 rupees or simple imprisonment for a period which may extend to 15 days.
2. No court shall take cognizance of any offence under section 7 unless any forest dwelling scheduled tribes in case of a  dispute gives  a notice of not less than 60 days to the State Level Monitoring Committee.

SUGGESTIONS

1. A protocol is needed to ensure that FRA processes are fully followed.
2. Implementation should either be through existing institutions or by creating new ones.
3. Clarity of procedure need to be developed.
4. Compilation of all clarifications, guidelines and circulars regarding FRA circulate in local languages.
5. Gramasabhas should be the authority for determination.
6. Effective systems of accounting and transparency need to be established.
7. Laws in all states need to be reviewed and modified.
8. Capacity building & training programmes for those involved in the process of implementation.
9. Actions should be taken for active involvement of tribes by pointing their beneficiaries.
10. FRA is a good effort to serve the marginalized tribal communities.
11. Strengthening of the forest dweller’s rights make conservation more transparent & accountable.
12. Reconstructing our policies also produce markable changes in the field of Ayurveda.

REFERENCES

1. When can users be owners? An analysis in to the Forest Rights Act 2006 among the Saharia Tribal Community in Central India: Tilottama Sarkar
2. Forest Rights Act, 2006 Act, Rules and guidelines: Ministry of Tribal Affairs, Govt. Of India and United Nations Development Programme, India
3. Forest Rights Act: A decade old but implementation remains incomplete: Mayank Aggarwal
4. Citizen’s Report 2015: Community Forest Rights under the Forest Rights Act: Kalpavriksh and Vasundhara
5. Forest Rights Act 2006 Analysis: PowerPoint Presentation
6. Critical Appraisal of Indian Forest Rights Act, 2006 and situation of tribals in India: Mr. Praveen Singh and Dr. Arun Kumar Sharma
7. Citizen’s Report 2015: Community Forest Rights under the Forest Rights Act: Kalpavriksh and Vasundhara.
8. Critical Appraisal of Indian Forest Rights Act, 2006 and situation of tribals in India: Mr. Praveen Singh and Dr. Arun Kumar Sharma.
9. Charaka Samhitha Sutrasthana: Dr. Ram Karan Sharma and Vaidya Bhagwan Dash.
10. Press Information Bureau: Govt. of India , Ministry of Tribal Affairs-Land rights of Scheduled Tribes : 22 July 2019.
11. P.Pushpangadan et. al : ‘Arogyappacha (Trichopus zeylanicus Gaertn), the Ginseng of Kani tribes of Agasthyar hills (Kerala) for evergreen health and vitality.
12. Chellappan Biju V et al: Therapeutic properties of Trichopus zeylanicus Sub sp.travancoricus, a rare endangered medicinal plant in South India: A review available at www.imedpub.com.