Forest Rights Act (FRA)

Important for UPSC, State PCS

Prelims: Forest Rights Act (FRA) , Minor forest Produce . Indian forest act .

Mains:
General Studies Paper 2- Injustices faced by Foarest Dwellers, Issues in Implementation of the Forest Rights Act and Way Forward

Context-

Researchers and campaigners fear that the government has not properly reviewed rejected claims under the Forest Rights Act (FRA) ahead of a crucial Supreme Court hearing.

In news-

  • More than 150 tribal and forest rights organisations, under platforms such as the Campaign for Survival and Dignity, have accused the government of submitting incomplete and misleading data on forest encroachments, while failing to fully implement the FRA.

the Forest Rights Act (FRA), 2006

  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, commonly known as the Forest Rights Act (FRA), was enacted in 2006 to:
    • Recognise historical injustices against forest-dwelling communities.
    • Grant legal rights over forest land and resources to Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs).
    • Empower Gram Sabhas to verify and approve claims at the grassroots level.
    • Ensures that tribal populations and forest dwellers are not evicted without proper rehabilitation, aligning with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Settlement Act, 2013.
  • The FRA includes provisions for individual and community rights over land, forest produce, grazing areas, and traditional knowledge.

Evolution of Forest Rights Act (FRA)

  • In the colonial era, British policies exploited forest resources, leaving tribal and forest-dwelling communities in a state of tenurial insecurity. 
  • The National Forest Policy of 1988 emphasized the involvement of tribal people in forest protection, leading to the enactment of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which aimed to protect their rights to the environment, life, and livelihood.
  • The FRA recognizes the rights of tribal communities and other traditional forest dwellers to access forest land and resources. 

Issues and Concerns 

  • According to Land Conflict Watch, since 2016, there have been 117 land conflicts involving FRA, impacting 611,557 people. 
  • Key issues include non-implementation of FRA Provisions (88.1%), lack of legal protection over land rights (49.15%), and forced evictions (40.68%).
  • The issue stems from the lack of clarity regarding whether due process was followed in rejecting claims, particularly in tribal areas with high Left-Wing Extremism. 
  • Many affected people are poor, illiterate, and unaware of the correct procedure, with gram sabhas being inadequately informed.

Why FRA Matters

  • Empowers tribal and forest communities.
  • Supports decentralized forest governance.
  • Helps in sustainable forest conservation.
  • Promotes livelihood security for marginalized groups.

Go Ahead 

  • The Forest Rights Act is a crucial law designed to empower indigenous communities by recognizing their legal rights to forest land and resources. 
  • It ensures their participation in sustainable forest management, but effective implementation and addressing challenges are essential for its success.

CBL -Practice Questions for Prelims

Which of the following rights are recognized under the Forest Rights Act, 2006?

  1. Right to cultivate forest land for livelihood
  2. Right to protect and conserve community forest resources
  3. Right to ownership of major forest produce like timber
  4. Right to habitat for Particularly Vulnerable Tribal Groups (PVTGs)

Select the correct answer using the code below:

A. 1, 2 and 4 only
B. 1 and 3 only
C. 2 and 4 only
D. 1, 2, 3 and 4

Answer: A

CBL – Mains Practice Question

“The Forest Rights Act (2006) was enacted to undo the historical injustice faced by forest-dwelling communities. Critically examine the effectiveness of its implementation and suggest measures to strengthen its objectives.”

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