Beyond the ‘Protected Area’ Paradigm in Conservation: Exploring India’s Forest Legislation as a New Conservation Model for Developing Countries

To achieve global biodiversity targets, expanding protected area (PA) networks has been regarded as a major strategy in international commitments. However, the PA strategy often fails to achieve its objective – preserving biodiversity and ecosystem services. In addition, the expansion of PA areas could replicate and amplify historical injustices such as forced evictions, state-led physical violence, assimilation of culture and loss of traditional ecological knowledge, affecting communities’ livelihood, quality of life and rights. There is an increasing consensus that the post-2020 biodiversity conservation framework should be rights-based and sensitive to the role and contributions of local communities towards achieving the PAs’ targets. India’s Forest Rights Act (FRA) 2006 may be considered a useful framework for biodiversity conservation in the context of this new conservation vision. It puts local people at the centre stage, making them active participants in designing and managing conservation. PAs following ‘fortress conservation’ approach were based on the flawed idea that human interference endangers biodiversity and therefore habitats should be preserved by force if required. Such an idea contradicts the recent understanding that ecosystems once perceived as ‘wilderness’, have been transformed by people. PAs undermine the intricate and intertwined relationship of humans with their immediate ecosystem. The conservation model proposed by FRA 2006, on the other hand, recognises local communities as an integral part of ecosystem and thereby acknowledges people’s rights and agency in conservation. It ensures locals’ equitable benefits from economic activities, and provides equitable opportunities to participate in decision-making. Though various provisions under FRA empowered local people in conservation, it faces various challenges during the implementation on the ground. It is argued that a clear and appropriate institutional arrangement specifying various stakeholders’ power, roles and responsibilities in the conservation and management of bioresources (including the protection of endangered species) should be developed for transformative change in biodiversity conservation.