ToR - Consultant for an Evidence-Based Research Study on Forest Rights Act (FRA) Implementation in Odisha

Terms of Reference (ToR)

Consultant for an Evidence-Based Research Study on Forest Rights Act (FRA) Implementation in Odisha

1. Background

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) was enacted to correct historical injustices against forest-dependent communities by legally recognising their rights over forest land and resources. By vesting forest rights in forest-dwelling Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs), the Act also strengthens biodiversity conservation, enabling these communities to sustainably protect, manage, and conserve traditional community forest resources while securing their livelihoods and food security.

In its first decade of implementation, Odisha prioritised the recognition of Individual Forest Rights (IFR), achieving significant numbers despite persistent gaps and inadequacies. Community Rights (CR) and Community Forest Resource (CFR) rights — which are integral to the life, livelihoods, and cultural survival of Adivasi and forest-dwelling communities — have lagged far behind. As of 31 December 2024, out of the total potential villages identified by SCSTRTI, Bhubaneswar for CR/CFR recognition, 19.41% of community rights claims and 15.05% of community forest resource claims had been approved; titles had been distributed for 14.69% of CR and 12.25% of CFR claims. Beyond the recognition of rights, a critical and often overlooked challenge is the post-recognition role of the Gram Sabha in preparing, executing, and governing CFR management rules.

Responsibility for FRA implementation in Odisha is distributed across several institutions — the Scheduled Tribes and Scheduled Castes Development Department/Ministry of Tribal Affairs, the Forest Department, Revenue authorities, District Level Committees (DLCs), Sub-Divisional Level Committees (SDLCs), and Gram Sabhas.

Under the ongoing SEWOH-EXIT project, a comprehensive research study will be undertaken to (a) analyse FRA implementation processes, gaps, and best practices in the two project districts and in Odisha more broadly, and (b) translate that evidence into a concrete, actionable design for a state-level civil society monitoring mechanism on FRA implementation.

About the SEWOH-EXIT Project

Development Agency for Poor and Tribal Awakening (DAPTA) and Living Farms are implementing the SEWOH-EXIT project in Lanjigarh Block (Kalahandi district) and Kashipur Block (Rayagada district) with the support of terre des hommes Germany (TDH), focusing on food and nutrition security through agro-ecological approaches, sustainable forest management, women-led nutrition initiatives, improved access to government schemes, and youth-led environmental action. The project aims to strengthen food sovereignty and nutrition security for Adivasi communities in the target area so that, by project end, householdshave improved food security.

Project objective: By the end of the project, 5,063 households in Kalahandi and Rayagada districts have improved food sovereignty and security.

Project outputs:

By the end of 2026, 2,310 children and youths will be able to discuss on ecological children’s rights.

By the end of 2026, 5,063 households will have food in sufficient supply.

By the end of 2026, village structures to detect and combat malnutrition and undernourishment among women and children will be established, strengthened, and functional.

2. Title of the Assignment

Consultancy for an Evidence-Based Research Study on Forest Rights Act (FRA) Implementation in Odisha, and Development of a Monitoring Mechanism to Strengthen FRA Implementation.

3. Purpose of the Assignment

This assignment has two closely linked purposes:

To generate an evidence base on the status, gaps, challenges, and opportunities in FRA implementation in Kalahandi and Rayagada districts, situated within the wider institutional landscape of FRA governance across Odisha; and

To use that evidence to design a concrete, workable state-level monitoring mechanism on FRA implementation — with a defined structure, actors, indicators, and reporting cycle — that can be discussed, refined by government and civil society stakeholders at the project’s district, state, and national conferences.

4. Objectives of the Study

Part A — Understanding FRA implementation and governance

Assess the current status of FRA implementation in the two project districts (IFR, CFR, CFR management, and post-recognition governance).

Map the wider institutional architecture for FRA implementation in Odisha — the roles, mandates, and coordination (or lack thereof) between the Tribal Welfare/ST&SC Development Department, Forest Department, Revenue Department, SCSTRTI, DLCs, SDLCs, and Gram Sabhas — to understand how FRA is governed at state level, not only in the two project districts.

Identify systemic gaps and barriers in FRA claim processes, recognition, monitoring, and post-recognition support, and the reasons for the low CR/CFR approval and title-distribution rates cited in Section 1.

Document best practices, successful community-led initiatives, and emerging models of forest governance, including any existing FRA monitoring or coordination mechanisms operating in Odisha or in other Indian states that could inform the design below.

Part B — Designing the FRA monitoring mechanism

Identify, through consultation with government departments, DLC/SDLC representatives, civil society networks, and community representatives, what a state-level monitoring mechanism needs to do and who needs to be part of it.

Design a proposed monitoring mechanism specifying: its objectives and functions; institutional structure and composition; roles and responsibilities of member institutions/organisations; the indicators and data sources it would track (e.g., CR/CFR claim and title status, post-recognition CFR governance, grievance resolution); its reporting frequency and format; its decision-making and escalation pathway; and its proposed institutional home and resourcing.

Produce evidence-based recommendations for strengthening FRA implementation and forest conservation more broadly.

Support efforts at district, state, and national level through research-based policy briefs, a mechanism design proposal, and direct stakeholder engagement.

5. Scope of Work

The consultant will undertake the following:

5.1 Research design and preparatory work

Develop the research framework, methodology, sampling plan, and data collection tools.

Conduct a desk review of relevant laws, guidelines, circulars, and secondary literature.

Finalise data collection tools in consultation with the project team and relevant experts.

5.2 Field data collection

Guide and supervise research assistants during field data collection.

Conduct key informant interviews (KIIs), focus group discussions (FGDs), household surveys, and institutional mapping.

Apply participatory methods to ensure community perspectives, especially those of women and youth, are captured.

5.3 Data analysis

Analyse quantitative and qualitative data using appropriate research methods.

Consolidate case studies, success stories, and governance models.

Identify patterns, bottlenecks, and actionable gaps.

5.4 Reporting and documentation

Prepare a draft research report including findings, analysis, case studies, and recommendations.

Incorporate feedback from communities, project staff, technical experts, and CSO networks.

Prepare a final research report, a policy brief, and a presentation deck.

5.5 Design of the state-level FRA monitoring mechanism

Conduct dedicated consultations — separate from the general KIIs/FGDs — with government departments (Tribal Welfare, Forest, Revenue, SCSTRTI), DLC/SDLC representatives, civil society networks, and community/Gram Sabha representatives specifically on the design, mandate, and feasibility of a monitoring mechanism.

Review comparable FRA monitoring or multi-stakeholder coordination m