Forest Rights Act, 2006 (Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act)

GS 3 – Environment – Act 

The Forest Rights Act (FRA) of 2006 is a landmark legislation aimed at addressing the historical injustice meted out to forest-dwelling communities in India. It recognizes and vests forest rights in Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs).

Key Provisions of the Act

Objective:

1. 1. To recognize the rights of forest-dwelling communities who depend on forests for their livelihood and survival.
   2. To ensure their access to and control over forest resources for sustainable development.

Types of Rights:

1. 1. Individual Rights: Ownership and access to land cultivated by STs or Other Traditional Forest Dwellers (OTFDs) (up to 4 hectares) for livelihood purposes.
   2. Community Rights: Use and access to minor forest produce, grazing grounds, water bodies, etc.
   3. Right to Protect and Conserve: Communities have the right to protect, regenerate, and manage forests sustainably.
   4. Habitat Rights: Recognized for Particularly Vulnerable Tribal Groups (PVTGs).
   5. Relief and Development Rights: In cases of displacement, forest-dwellers are entitled to rehabilitation.

Eligibility Criteria:

1. 1. Scheduled Tribes (STs): Must reside in and depend on forest land as of 13 December 2005.
   2. Other Traditional Forest Dwellers (OTFDs): Must have resided for three generations (75 years) on the forest land prior to 13 December 2005.

Institutional Framework:

1. 1. Gram Sabha: Plays a critical role in determining and verifying claims.
   2. Forest Rights Committees: Constituted by Gram Sabhas for processing claims.
   3. State Level Monitoring Committees (SLMCs): Oversee implementation.

Importance of the Act

Social Justice:

1. 1. Restores the traditional rights of tribal and forest-dependent communities.
   2. Empowers vulnerable communities, particularly PVTGs.

Livelihood Security:

1. 1. Provides legal ownership of land and forest produce.
   2. Enhances access to minor forest produce and other resources.

Environmental Conservation:

1. 1. Recognizes the role of tribal communities in sustainable forest management.
   2. Integrates ecological concerns with livelihood needs.

Governance Reform:

1. 1. Strengthens decentralized governance through Gram Sabhas.
   2. Promotes participatory forest management.

 

Challenges in Implementation

• Delayed Recognition: Slow progress in recognizing rights due to bureaucratic hurdles.
• Rejection of Claims: High rate of claim rejection, often without proper reasons or legal support.
• Conflict with Conservation Laws: Overlaps with forest and wildlife conservation policies, leading to conflicts.
• Lack of Awareness: Many forest dwellers are unaware of their rights under the FRA.
• Pressure from Commercial Interests: Encroachment by industries for mining, infrastructure, or plantation projects.

Discuss the significance of the Forest Rights Act, 2006, in addressing historical injustices against forest-dwelling communities and promoting sustainable forest management. Examine the challenges faced in its implementation.

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