ROLE OF LOCAL STAKEHOLDERS IN FOREST CONSERVATION: A

SOCIO LEGAL ANALYSIS

I. INTRODUCTION

Individuals and organizations who are engaged in or impacted by a policy or action are referred
to as stakeholders, and they may be involved in the decision-making process in some capacity,
either directly or indirectly. Participants in environmental and conservation planning are often
comprised of government officials, businessman, scientists, landowners, and other natural
resource users from the surrounding community. In many cases, the ideas and beliefs of these
groups of stakeholders are diametrically opposed, which makes it difficult to achieve an
agreement on how to go on with the project at hand. It presents a high-level review of why it is
important to include a diverse variety of stakeholders in the planning process, particularly
underrepresented groups and “hidden” stakeholders, as well as an analysis of the possible
advantages of such participation. In order to properly integrate stakeholders, it is necessary to
conduct a stakeholder analysis prior to integrating stakeholders. This will aid in the identification
of significant stakeholders as well as the assessment of their opinions and interests in relation to
a proposed project, among other benefits. In addition to the other methods listed in the summary
for doing formal stakeholder analysis, may be used in the process of conducting a formal
stakeholder analysis, among other things. Not to forget, the synthesis looks at several techniques
and procedures that may be used to ensure a fair and effective participation process.1

Many people from a diverse range of cultural backgrounds and land-use patterns live in or near
tropical forests, which are home to a diverse range of wildlife. Despite the fact that they are all
reliant on trees in some manner, they have nothing in common other than their need for trees for
their survival. The use of local forests and forest products has become increasingly difficult for
forest-dependent communities in recent years, whether as a result of deforestation. A substantial
number of nations’ forest ecosystem preservation programs have fallen short in meeting the
needs and gaining the understanding of local forest-dependent populations. This is especially
true in developing countries. Any conservation initiative requires the participation of those who
live in the surrounding region. Involvement in forest conservation is often related to community
forestry, referred to forest management also known as co-management by people who live in
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close proximity to the forest and are committed to its preservation. Local community forestry
may be practiced in a variety of various legal, political, and cultural contexts, and the phrase is
used to refer to a broad range of experiences and behaviors that take place in a local
environment. Often associated with Southeast Asia; however, community forestry may be found
in other parts of the world as well, including the United States.

Even though local participation in forest protection is essential, sometimes it is definitely needed,
for example, as the significant when the population of the country releases pressures and
resource use views which result in conflicts, when there is existence of community whose
ownership is also required, both in small area and areas which are considered protected, to name
a few examples. Conservation initiatives that do not involve engagement from the local
community are destined to fail under these conditions. However, participation in and of itself
does not imply a guarantee of success in any given situation or circumstance. Participatory
approaches and their results are often influenced by a variety of other elements, like legal or
institutional, among other things. As the case studies in this article demonstrate, governments
and their agencies play a vital role in participatory processes by providing or failing to create an
‘enabling environment’ in which people may take part in these processes.

In this study, numerous views on participatory processes, as well as fundamental characteristics

of enabling settings, such as institutional and regulatory frameworks, land tenure regimes, and
various types of capacity development, are examined in detail. A prior study by Isager and
Theilade (2001), which goes into further depth concerning participation and forest protection,
serves as a foundation for this investigation. Specifically, the political and cultural settings where
participatory processes are most likely to occur.2

STATEMENT OF THE PROBLEM

It deals with the role played by the local stakeholders in the conservation of Forest in India
through the various years and what are the present state of affairs in relation to the their role. It
discusses about individuals and organizations who are involved in decision making process as
stakeholders and also participants comprising of government officials, scientists, landowners
who are involved in environmental and conservation planning.

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 OBJECTIVE OF THE STUDY

1. To study the role of local stakeholders in forest conservation in India.

2. To analyze the need for local stakeholders for forest conservation in India.
3. To study various cases related to the role of local stakeholders in forest conservation.
RESEARCH QUESTION

1. Who are the local stakeholders involved in forest conservation in India

2. Why there is need for local stakeholders for forest conservation in India?

LITERATURE REVIEW

As per Bahuguna, (1992) the way to including nearby networks in tracking down answers for
over double-dealing of assets lies in rethinking the jobs and obligations of the asset chiefs. This
should be possible by setting out a sound establishment of Collective Resource Management that
depends on sharing of the two rights just as liabilities. Hence while individuals should oversee
assets as a typical property, they will likewise need to share a typical obligation regarding
determining these normal advantages. Aggregate timberland the board is in this way an
interaction to guarantee congruity in asset age, steadiness in physical and social climate, and
manageability in the development of labor and products. (Lal 1992 as cited in Bahuguna 1992).
Protection and improvement of the generally exhausted asset base is aimless without the
intentional association of the neighborhood networks

In the article Forest Policy and Deprivation of Forest Dwellers in Independent India (Tapan
Kumar Mishra, 2006) the author(s) tests the speculation that there is a backwards connection
among populace and woods assets . It seems consistent that if the populace around woods region
increment, there would normally be consumption of woodland assets as the populace relies upon
the Forest produce for its occupation. The concentrate anyway disproves these discoveries
dependent on research directed in Baidhara people group in Orissa. he expresses that the
Sustainable utilization of Non-Forest Timber Produce (NFTP) and devolution of woods
Management to the neighborhood local area is the way to supportability. The article builds up
that the apparently dissimilar objectives of conservation of regular assets and the freedoms of
woods bordered inhabitants can be adjusted by including them in the administration of woodland
assets.

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 RELEVANCE OF THE STUDY

The study of the role of local stakeholders in forest conservation is relevant because it is related
to both the development and the protection of the environment. The relevance of the study is to
understand why it is important to include a diverse variety of stakeholders in the planning
process, particularly underrepresented groups and “hidden” stakeholders, as well as an analysis
of the possible advantages of such participation, to provide an overview of the political and
cultural settings where participatory processes are most likely to occur.

RESEARCH METHODOLOGY

The author would be mainly relying on doctrinal research methodology. The author has relied on
the secondary sources of database such as articles, legislations, newspaper reports, census
reports, policies, schemes and case decisions of High Court and Supreme Court. The figures are
taken by the Reports from the Government and empirical research has not been done for the
same. The author has opted for the analytical tone of the paper.

II. WHO IS A STAKEHOLDER?

In the context of a policy or action, stakeholders are those people and organizations who
have an impact on or are affected by it. Stakeholders may participate in the decision-making
process directly or indirectly depending on the circumstances. A stakeholder is "any group
or person who can affect or is affected by the success of the organization's objectives,"
according to Edward Freeman. The stakeholders involved in preserving forests comprises:

i. People that live close to forests and rely on their resources for food are among the
stakeholders involved in forest protection.
ii. The government department in charge of forest management.
iii. Business people that utilise forest products for a variety of industrial uses.
iv. Those who value nature and wildlife preservation.

III. WHY ENGAGE MULTIPLE STAKEHOLDERS?

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At first look, including a project's many stakeholders may appear overwhelming and
unhelpful. This is due to the possibility of conflict arising when people with diverse
perspectives, interests, and attitudes are brought together for a project. Resource managers
have traditionally employed ways to research and evaluation that are classified as a “theory-
driven approach” in order to avoid lengthy debates and political impasses. It is used by project
managers to make choices by examining previous research on comparable projects in order to
forecast future results. However, focusing only on a theory-driven approach excludes essential
players who may be able to offer their diverse points of view and views, ultimately leading to
a more effective and fair solution.

Therefore, a participative approach that takes into account all stakeholders is crucial for
democratic as well as practical reasons. Collaboration can result in effective ideas, as has been
seen. Practically speaking, including stakeholder input during the planning stage of an effort
may be advantageous as it enables stakeholders to provide early feedback and obtain
agreement prior to the implementation of a new regulation, strategy, or decision. Long-term,
this might be favorable. A more peaceful procedure and the avoidance of unnecessary conflict
may arise as a consequence of this. People who have been excluded from the decision-making
process or who have not been informed of the many facets and sacrifices that must be made
prior to their participation in a project are more likely to oppose the initiative.

When stakeholders perceive (right or erroneously) that their viewpoints have not been taken
into consideration, antagonism may grow, possibly leading to the failure of a project
altogether. As a result, increasing stakeholder participation in the process may result in more
project support and better project execution. Throughout a project, stakeholder engagement
may also help to improve quality assessments by bringing together various sources of
information and integrating them. By including stakeholders, you may be able to develop a
more diverse collection of more inventive ideas by taking a number of viewpoints into
consideration. More importantly, taking into consideration the viewpoints of local stakeholders
might result in solutions that are more appropriate for a region’s social and cultural
environment3

According to UNEP, “broad and balanced participation of stakeholders plays a central role in
providing expertise and scientific knowledge, informing governments of local needs and
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opinions, as well as identifying the ‘on the ground’ realities of policy decisions”. When
designing an environmental or conservation program, it is equally important to consider the
values and perspectives of stakeholders from a democratic approach. A project’s conception
and execution should be democratic and equitable, with those who will be most impacted
having a say in how it is designed and carried out. In this situation, the term "stakeholder
engagement" could mean considering a range of values and promoting empowerment, trust,
and equality through involving locals in decision-making. A plan for inclusive stakeholder
involvement that includes all important actors will lessen the chance that underrepresented
groups will be marginalised. Another advantage of this tactic is the potential for social
learning, in which stakeholders can benefit from one another's knowledge while also forming
new connections. Whatever the situation, it's crucial to think about which stakeholders to
include since the optimal plan will strike a balance between the benefits of adding a variety of
thoughts and viewpoints while not being too onerous to the point of jeopardising the success
of engagement process overall.
Despite the fact that involvement may be difficult at times, the advantages of forest conservation
may be great if forests are effectively maintained. In order to safeguard forest resources,
stakeholders must be able to put their faith in one another and agree on sustainable forest
management practices. It may be required to change legal or administrative structures or to
delegate power in order to create mutual confidence and cooperation. In certain cases,
stakeholders may need time to develop trust in one another, especially if they have had little
previous experience working in groups to make decisions or manage projects together.
Ultimately, rather than their words or promises, it is the actions of stakeholders that decide
whether or not trust builds over the long run.4

The radical criticism of traditional development projects that took place in the 1960s and 1970s
gave rise to the concept of participation. Critics who pondered why development programs often
failed to achieve their objectives came to the conclusion that it was due to a lack of participation
on the part of the participants. Their complaint was that far too many initiatives were planned
and implemented without discussing or collaborating with the people whose lives were touched
by the projects. Since then, the term “participation” has become one of the most popular
buzzwords in the development sector. Every project description or plan now seems to include the
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phrase “participatory approach,” which is usually required by funding organizations for political
reasons. Due to this, project designers and implementers frequently use the phrase
“participation” while adhering to a traditional management style that does not include locals.
True participation, on the other hand, may result in more effective forest resource conservation
efforts in the future.5 When developers and conservation planners speak about engagement,
they’re frequently talking to two distinct things: development and conservation planning.

Participation is defined as the capacity to speak with and work with others in order to achieve a
common goal or goal setting. Participation also means learning from and benefitting from one
another’s mistakes and successes. A series of steps must be completed, with each level
presenting new knowledge and challenges. It is vital to consider how the conservation process
may or may not contribute to the development of trust and commitment among the many
stakeholders. Obtaining the trust and support of all stakeholders, for example, maybe challenging
if a conservation project has a short-term time frame in mind. This is a regular occurrence when
conservation activities include the participation of outside contractors. It is common for
initiatives to be labeled as failures after a few years since the “outsiders” no longer want to be
involved. If local people have are inexperienced in participating and cooperating, or when their
tenure rights are insecure, the process of building trust and commitment may extend the
timescale stipulated. The likelihood of conservation project staff remaining on the job is lower if
they depart before local stakeholders perceive the benefits of conservation efforts are realized.

As a result of investors’ demand for large-scale projects, large-scale efforts may unintentionally
create barriers to trust and commitment among the community. Especially when project
managers (whether local or ‘outsiders’) press other stakeholders to commit to a level that is
above their capabilities and objectives, this is the case. This is particularly true in this case. It is
possible that such an attitude may result in low levels of involvement from other stakeholders, or
perhaps a complete absence of participation altogether. In order to avoid this, stakeholders must
be given the opportunity to gradually commit themselves and build trust relationships over time.

IV. THE NEED FOR LOCAL STAKEHOLDERS IN FOREST CONSERVATION

This section aims to provide insight into the complex topic of the requirement for local
stakeholders in forest protection. Everyone is concerned with maintaining a healthy environment
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and ecological balances. We require the assistance of various stakeholders in order to raise
public awareness of environmental issues.

When stakeholders are involved in the implementation process, social issues and conflicts may
be avoided or reduced, and stakeholders can provide knowledge and information about regional
environmental issues, conditions, or concerns. Stakeholders may also be able to develop original
solutions that implementation entities have not considered.

Participating stakeholders in decision-making can also help ensure sustainable use of natural
resources, improve cost effectiveness that may contribute to more sustainable development, and
increase trust between and among the involved parties. Stakeholders involvement can also help
educate and disseminate information on the issues being discussed.

In Lafarge Umiam Pvt. Ltd. v. Association of India,6 the Supreme Court saw that public
interest in the assurance of timberlands is a significant angle since local and native individuals
are completely mindful and have full information in regards to what comprises preservation of
backwoods and development.

In Orissa Mining Corporation Ltd. v. Service of Environment and Forests,7 The Court held that
what should be investigated is whether clans like the Dongria Kondha, Kutia Kondha have any
strict freedoms over the Niyam Giri (Niyam Raja) and that it must be considered by the Gram
Sabha.

The Beej Bachao Andolan, which works in the Tehri and Navdanya areas, is restoring traditional
conservation techniques. The Joint Forest Management initiative is an excellent example of how
to involve locals in forest management and restoration. Communities play a significant part in
preserving biological diversity. However, community-based conservation, like government-
based conservation, overlooks the importance of managing commons at several levels, including
the need for interaction between institutions on both a vertical and horizontal scale. The
investigation of conservation in a multilayer environment may help to create an interdisciplinary
field of conservation research that is compliant with the Convention on Biological Diversity.

6
Writ Petition no. 202 of 1995.

7
2013 6 SCC 476

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Additionally, it might help in the creation of alliances and the connection between the aims of
biological conservation and those of regional development. It is vital to reconsider conservation
from a complexity viewpoint and to take into account its capacity to cope with a variety of aims
in order to strengthen the integration of conservation and development. The creation of
diagnostic tools, collaborative efforts, and deliberative processes are all necessary. When viewed
in this light, community-based conservation can play a part in a broad pluralistic strategy for
biodiversity protection: it is a kind of governance that begins at the ground level and takes into
account networks and connections at all organisational levels. The National Wildlife Federation
has shown how the emphasis on processes rather than policies at different levels has had a
substantial impact on how conservation development governance is conceptualised and carried
out, prioritising diagnostics within a pluralistic framework over a blueprint approach8.
V. IMPORTANCE OF STAKEHOLDER ANALYSIS

Governmental organisations or project managers may undertake stakeholder analysis prior to

developing and conducting the project given the significance of involving stakeholders in the
design and implementation of conservation or environmental projects. Stakeholder analysis is a
set of approaches used to find and examine the pertinent opinions of significant individuals,
groups, and institutions on a project or planned activity during the planning process. This type of
up-front study may provide insightful information about stakeholder motives and provide
strategies for improving the effectiveness and mutual benefit of the engagement process. The
process of identifying people, groups, and institutions who are fundamentally interested in or
who will be impacted by a project is known as stakeholder analysis. Before presenting a
proposal, this study may be used as a pre-proposal technique to predict the degree of impact and
support (for or against) that each group will have for a project or initiative. Stakeholder
assessments can be done by any project participant, but the greatest outcomes are frequently
produced when a team of project planners works together on the process. Stakeholder analysis
involves three crucial steps:

1. Identifying the key stakeholders and their (positive or negative) interests in the project.

2. Evaluating each stakeholder's impact on each other in terms of influence, significance, and
intensity.

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WESTERN D, WRIGHT RM, NATURAL CONNECTIONS (Island Press, Washington, DC 1994).

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3. Determine the ideal way to include stakeholders.

Considering the drivers of conservation, institutional linkages at the local level, and multiple
levels of organisations that influence and shape institutions at the local level, the original
definition of community-based conservation needs to be updated to include natural resource or
biodiversity protection by, for, and in collaboration with local communities. Because of this,
community-based conservation involves more than just communities; it also affects and builds
local institutions at the local level through institutional links and numerous levels of
organisation. The complexity of this complex ecosystem makes it more difficult to strike a
balance between local and global conservation goals9.

VI. FINDINGS & RECOMMENDATIONS

Important stakeholders and differing viewpoints should be identified and taken into
consideration before the first meeting of the stakeholders take place. Stakeholders should be
involved in decision-making processes in a pragmatic and democratic manner. In order to
maximize participation, underrepresented groups should be encouraged to participate, not only
because they represent the individuals most likely to be affected by a decision, but also because
taking into account multiple points of view may result in good-quality result that are more
appropriate for the local environment. All important stakeholders should be brought together and
come to an agreement on a common set of engagement norms in order for the process to go
successfully. Although including stakeholders in a project is not a guarantee of success,
following engagement principles may assist to ensure a more inclusive approach and the best
possible outcome for everyone involved. Social and political power conflicts over the
management of particular natural resources have been more frequent in recent years. To
successfully conserve forest genetic resources today, one must possess both scientific expertise
and an understanding of the political and cultural processes that underpin these resources. In this
post, we’ve gone over some of the most crucial aspects of these processes in further detail. Our
recommendation is that local people must be involved in the conservation of forest genetic
resources, and that government should play a significant role in this process by providing
supportive legal and institutional contexts. According to various studies, a collaboration between

9
Ibid

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the government and local communities is the most effective technique for ensuring long-term
forest conservation.

VII. CONCLUSION

It has been shown in a number of case studies that non-governmental organizations (NGOs) have
played an important role in enabling discussion between governments and other players involved
in forest conservation. NGOs are as diverse as the communities and countries in which they
operate in various aspects like ideologies, political or economic power, organizational capacities,
among other characteristics. Individuals and governments commonly rely on them to carry out
good negotiations and cooperative management, even when they cannot be assessed as a whole.
A large number of NGOs that are both competent and environmentally conscious are present in
many countries, showing that changes are taking place in reaction to the escalation of disputes
over natural resources. As it has firsthand been witnessed the social and political complexity of
forest genetic resource preservation, it is felt that people’s participation in conservation efforts
will be critical to achieving sustainable forest management in the long run.

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