Forest Rights Act, 2006

Forest Rights Act, 2006

• Recently a two-day convention on forest rights was held in Delhi, where State governments and the Centre were condemned over the failure to implement the Forest Rights Act, 2006.

Forest Rights Act, 2006 :

• In the colonial era, British exploitation of resources. While procedure for settlement of rights was provided under statutes such as the Indian Forest Act, 1927, these were hardly followed. 
• As a result, tribal and forest-dwelling communities, were marginalized. 
• The symbiotic relationship between forests and forest-dwelling communities found recognition in the National Forest Policy, 1988. 
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was enacted to protect the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.

Key features of the Act:

• Recognition of Rights: It recognizes the rights of the forest dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.
  • Individual rights : Self-cultivation and Habitation 
  • Community Rights : Grazing, Fishing and access to Water bodies in forests, Habitat Rights for PVTGs, Traditional Seasonal Resource access of Nomadic and Pastoral community, access to biodiversity, community right to intellectual property and traditional knowledge, recognition of traditional customary rights and right to protect, regenerate or conserve or manage any community forest resource for sustainable use. 
• Allocation of Forest Land:  In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 FRA protects the tribal population from eviction without rehabilitation and settlement.
• Role of Gram Sabha:  Rights holders the responsibility of conservation and protection of biodiversity, wildlife, forests, adjoining catchment areas, water sources and other ecologically sensitive areas as well as to stop any destructive practices affecting these resources or cultural and natural heritage of the tribals. 
• The Gram Sabha is also a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes impacting them.

Challenges in Implementation

• Systemic issues: There is lack of coordination between the tribal, revenue and forest department on implementation of the Act. There are multiple laws that are in conflict with FRA 
• Increased role of Gram Sabha: The other important issue with FRA is the lack of recognition of Community Forest Resource rights. There is a huge resistance from the forest department to recognize CFR Rights and sharing of power with Gram Sabha for conservation and management of forest resources. 
• Rejection of claims: A large number of claims are being rejected; pending or limited rights are recognised. The area recognized has been drastically reduced from the area, which has been claimed without any proper reasons. 
• The Ministry of Tribal Affairs has written to State Governments that in case of rejection, reasons have to be communicated and chances of appeal to be given to claimants, which is hardly happening.

 Way Ahead

• Process of Recognition of Rights: The State Governments should ensure that on receipt of intimation from the Forest Rights Committee, the officials of the Forest and Revenue Departments remain present during the verification of the claims and the evidence on the site.
  • Use of any technology, such as satellite imagery, should be used to supplement evidence tendered by a claimant for consideration of the claim and not to replace other evidence submitted by him in support of his claim as the only form of evidence.  
• Minor Forest Produce(MFP): The monopoly of the Forest Corporations in the trade of MFP in many States, especially in case of high value MFP, such as, tendu patta, is against the spirit of the Act and should henceforth be done away with. 
• Community Rights: The District Level Committee should ensure that the records of prior recorded other traditional community rights are provided to Gram Sabhas, and if claims are filed for recognition of such age-old rights, such claims are not rejected except for valid reasons.
• Community Forest Resource Rights: The State Government should ensure that the forest rights relating to protection, regeneration or conservation or management of any community forest resource, are recognized in all villages and the titles are issued.
• Awareness-Raising: Each State should prepare suitable communication and training material in local language for effective implementation of the Act.

Practice Questions for Prelims

Consider the following statements regarding the Forest Rights Act, 2006 :
1.It is aimed at protecting the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.
2. It provides for Community Rights like Grazing, Fishing and access to Water bodies in forests, Habitat Rights for PVTGs.
3. It empowers the Gram Sabha for determination of local policies and schemes impacting local people.

Which of the statements given above is / are correct :
a) 1 and 2 only
b) 1 and 3 only
c) 2 and 3 only
d) All of the above

Ans. d)

Mains Practice Question

Critically analyze the implementation of the Forest Rights Act, 2006 in India. Discuss the challenges faced and suggest measures to ensure effective implementation and protection of the rights of forest-dwelling communities.

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