- Enacted in 2006, the Forest Rights Act (FRA) acknowledges and affirms the rights of tribal communities residing in forests, along with other traditional forest dwellers, to access essential forest resources crucial for fulfilling various needs such as subsistence, habitation, and sociocultural requirements.
- The FRA recognizes the legitimate occupation of forest land by Other Traditional Forest Dwellers (OTFD) and Forest Dwelling Scheduled Tribes (FDST), who have been residing there for numerous generations.
- By safeguarding the way of life and food security of FDST and OTFD, the FRA contributes to an improved conservation framework for the forests.
- The initiation of the process to determine the nature and extent of Individual Forest Rights (IFR), Community Forest Rights (CFR), or a combination thereof, which may be granted to FDST and OTFD, is mandated to commence at the Gram Sabha level.
- The FRA emphasizes addressing the conservation and management of India’s natural resources, with a particular focus on poverty reduction and fostering pro-poor growth.
OBJECTIVES
Rectification of Historical Injustices:
- The primary objective is to address and rectify historical injustices inflicted upon forest-dwelling communities, acknowledging and restoring their rights.
Ensuring Land Tenure and Livelihood:
- To secure the land tenure, livelihoods, and food security of Scheduled Tribes and other traditional forest dwellers, recognizing their integral connection to the forest.
Strengthening Forest Conservation:
- To enhance the forest conservation regime by entrusting Forest Rights holders with responsibilities and authority. This includes promoting sustainable use, biodiversity conservation, and maintaining ecological balance within forest areas.
RIGHTS UNDER FRA 2006
- Title Rights:
- Description: Grants Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) the right to ownership of land, with a limit of 4 hectares.
- Limitations: Ownership is restricted to the land currently cultivated by tribal people or forest inhabitants, up to the specified limit.
- Use Rights:
- Description: Provides the right to use grazing grounds, minor forest products, and other specified regions within the forest.
- Scope: Dwellers are entitled to utilize these resources for their sustenance and livelihood.
- Relief and Development Rights:
- Description: Ensures rehabilitation in cases of illegal eviction or forced displacement.
- Scope: Subject to forest protection restrictions, dwellers have rights to basic amenities and relief measures.
- Forest Management Rights:
- Description: Grants rights related to forest management, empowering communities to safeguard historically preserved community forest resources.
- Scope: Enables communities to protect and manage forest resources for future use, contributing to ecological balance and sustainability.
Eligibility Criteria for Claiming Rights Under the Forest Rights Act, 2006:
- Scheduled Tribes:
- Eligibility: Members or communities belonging to Scheduled Tribes.
- Criteria: Those who primarily live in and depend on forests or forest lands for legitimate livelihood needs.
- Other Traditional Forest Dwellers (OTFD):
- Eligibility: Any member or community.
- Criteria: Those who have resided in forest land for at least three generations (75 years) before the 13th of December, 2005, relying on the forest for legitimate livelihood needs.
- Initiation of Rights Determination:
- Authority: The Gram Sabha.
- Process: The Gram Sabha is empowered to commence the process of determining the nature and scope of Individual Forest Rights (IFR) or Community Forest Rights (CFR), or a combination of both, that may be granted to Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD).
SIGNIFICANCE OF THIS ACT
- Recognition of Community Rights:
- Landmark Recognition: Acknowledges community rights and rights to common property resources (CPR) for the first time.
- Inclusivity: Highlights individual rights of marginalized and indigenous populations.
- Conversion of Villages:
- Transformation: Proposes the conversion of forest villages, old habitation villages, unsurveyed villages, and other villages, contributing to the concept of revenue villages.
- Conservation and Livelihood Assurance:
- Forest Conservation: Enhances the forest conservation regime.
- Livelihood Security: Ensures livelihood and food security for forest dwellers, including Scheduled Tribes and Other Forest Dwellers.
- Safeguarding Historic Connections:
- Resource Management: Safeguards historic connections between marginal communities and community forest resources through monitoring and management.
- Documentation of Traditional Practices:
- Sustainable Development: Documents how communities historically used forest resources for sustainable development.
- Protection of Intellectual Property and Knowledge:
- Intellectual Property: Safeguards intellectual property rights and traditional ecological and cultural knowledge.
- Expansion of Constitutional Safeguards:
- Constitutional Support: Broadens the scope of the Constitution’s 5th and 6th Schedules, safeguarding claims of indigenous populations to their lands and forests.
- Addressing Causes of Social Unrest:
- Displacement Issues: Safeguards the rights of displaced communities, addressing historical causes of social unrest, including factors contributing to movements like the Naxal movement.
- Protection of Marginalized and Indigenous Groups:
- Developmental Operations: Acknowledges and protects the rights of marginalized and indigenous groups over developmental operations.
- Enhancing Local Management and Governance:
- Autonomy: Ensures individuals have the ability to independently manage their forests, limiting official exploitation, enhancing forest governance, and improving the management of tribal rights.
CHALLENGES ASSOCIATED WITH THE ACT
Encroachment Concerns:
- Controversial Impact: Debate on whether the Act might lead to further encroachment in already challenging forest regions.
Eviction and Rejection Issues:
- Household Eviction: Challenges arise when the rejection of claims by the government results in an increased number of households facing eviction from forest areas.
- Goal Misalignment: Struggles to effectively cater to the needs of forest residents in such scenarios.
Role of Sub-Divisional Level Committee:
- Authority Dilemma: Questions raised about the essential authority of sub-divisional level committees in deciding the requirements and demands of marginal populations on forest land.
Resistance from Forestry Agencies:
- Reluctance to Transfer: Problems emerge due to apparent unwillingness of forestry agencies to transfer their forest holdings as mandated by the Act.
Allegations Against Forest Departments:
- Accusations by Tribes: Tribes like the Baigas accuse the forest department of not supporting their land claims, criticizing its role in allowing forest dwellers to cultivate in the forest and reap benefits.
Claim Establishment Challenges:
- Claim Verification: Tribes and communities face difficulties establishing their claim to forest areas, and the Act may be insufficient in supporting their position.
Commercial Plantings on Degraded Land:
- Contested Government Role: With approximately 40% of forests being degraded, the government’s permission for commercial plantings on such land is contested.
WAY FORWARD
- Government Support:
- Mission-Mode Implementation: Strengthening Central and State governments with human and financial resources is crucial for effective FRA implementation.
- Technological Integration:
- Application Tracking: Utilize technology for mapping and monitoring FRA applications, requiring an overhaul of the forest bureaucracy for efficient gram sabha services.
- Community Focus:
- CFR Rights Recognition: Shifting Indian forest governance towards a community conservation model, emphasizing food security and livelihood through the acknowledgment of Community Forest Rights (CFR).
- Awareness Campaigns:
- Local-Level Outreach: Conduct extensive awareness campaigns targeting tribal communities and lower-level officials.
- Capacity Building:
- Training Strategy: Develop a comprehensive training plan for FRA implementers, including Panchayats, Gram Sabhas, village-level Forest Rights committees, etc.
- Accessible Information:
- Map and Document Availability: Ensure relevant maps and documents are accessible to Forest Rights Committees and claimants, facilitating Gram Sabha in identifying and filing claims for individual and community rights.
FAQs – Forest Rights Act, 2006
1. What is the Forest Rights Act (FRA) of 2006?
A: Enacted in 2006, the Forest Rights Act acknowledges and upholds the rights of tribal communities and traditional forest dwellers to essential forest resources for various needs.
2. Who does the FRA apply to?
A: The FRA applies to Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD), recognizing their historical connection to forest land.
3. What are the main objectives of the FRA?
A: The objectives include rectifying historical injustices, ensuring land tenure and livelihood for Scheduled Tribes and traditional forest dwellers, and strengthening forest conservation.
4. What rights does the FRA provide?
A: The FRA grants Title Rights (ownership of cultivated land), Use Rights (access to grazing grounds and minor forest products), Relief and Development Rights, and Forest Management Rights.
5. Who is eligible to claim rights under the FRA?
A: Members of Scheduled Tribes and communities primarily living in and depending on forests, or those who have lived in forest land for at least three generations before December 13, 2005.
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