Rules and interactions around customary tree ownership in forested public lands: A qualitative study in Jharkhand, India

Abstract

Customary ownership of trees in forested public lands is common among tribal communities in India. This separation of trees and land ownership raises questions about the nature of such ownership, the rules governing them, and the factors shaping them. Despite its socio-cultural and ecological significance, limited studies have explored this form of tree ownership. Additionally, recent forest policy regimes have also remained silent on this. This study addresses these gaps by documenting customary rules governing tree ownership, examining its governance systems, analyzing interactions between villagers and trees, and assessing the outcomes of these interactions on people and local forest resources. This study was conducted in four tribal villages of Jharkhand, India, using a qualitative approach. Data collection included focus group discussions with male and female key informants and household interviews with household heads, predominantly men. Thematic analysis was conducted within Ostrom's Socio-Ecological System (SES) framework. We identified SES categories such as Resource Systems, Governance Systems, Resource Units, Users, and other broader socio-ecological categories and examined their interactions and outcomes within customary tree ownership. Key findings include the documentation of customary rules governing tree ownership creation, inheritance, distribution, and management practices. Interactions such as adjudication processes, commercialization of forest products, and external policy interventions resulted in positive and negative outcomes. Positive outcomes included enhanced familial ties, community cohesion, increased household income, and a growing population of economically valuable tree species in village forests. Negative outcomes included forest degradation, reduced species diversity, and increased illegal logging caused by weak collective-choice rules, displacement, policy interventions, and market pressures. The study underscores the importance of recognizing customary tree ownership in forested public land as it generates valuable insights for policymakers to promote sustainable forest management and enhance the well-being of the tribals in Jharkhand and beyond.