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9 J. Indian L. & Soc'y 39 (2018)
Wildlife First, People Later? Forest Rights and Conservation - Towards an Experimentalist Governance Approach

handle is hein.journals/jindlas9 and id is 55 raw text is: WILDLIFE FIRST, PEOPLE LATER? FOREST RIGHTS AND CONSERVATION - TOWARDS AN EXPERIMENTALIST GOVERNANCE APPROACH -ARPITHA KODIVERI* I. INTRODUCTION We have applied for our rights two years ago; we have not heard back about our community forest right claim. The coal mines are likely to expand and we do not know if it is considered as a community forest area or not? said an Adivasi impacted by the coal mining operations of the Mahanadi Coalfields in the Himgiri coal block in Sundergarh, Odisha.' Forest governance in India is a contested terrain with the competing claims of forest rights, forest land for devel- opment and the conservation of forest areas. The challenge of conservation and forest rights in India is a complex one. It is one of the many wicked problems that India has to confront. The political economy of extraction and acquisition of forest land for development projects con- textualize the implementation of forest laws in India. Conservation has come to shape decisions taken on development, rights of forest-dwelling communities and the fate of our forests in the near future. In 2006 when the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, hereinafter referred to as the Forest Rights Act (FRA), was passed, it recognised the role of forest-dwelling communities in conserving forest areas. Under the colonial forest laws like the Indian Forest Act, 1927 it created enclaves with the categorisation of forest areas. In these categories Arpitha Kodiveri is a graduate student from the European University Institute. I would like to thank Ms. Anamika Kundu for her research assistance and Nitin Sethi as well as Shomona Khanna for helping me understand the nuances of this case. The argument made in this paper is informed from fieldwork in Odisha over the past two years and learning from having assisted the Gujjar community in their forest rights daims in the Sariska Tiger Reserve between 2012 to 2014. While the readers perceived depth in these arguments need to be attrib- uted to these conversations and experiences, the flaws are purely my own. Interview in Tumulia village, Sundergarh district undertaken by the Author in July 20S.

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