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

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), is a historic law passed in India on 18 December 2006. The FRA aims to correct the “historical injustice” faced by forest-dwelling communities in India by recognizing their customary rights to forest lands and resources.

Background

India has a long history of forest-dwelling and forest-dependent communities such as tribal groups and other traditional forest dwellers who have resided in forest areas and relied on minor forest produce for their livelihoods for generations.

However, the continuance of colonial forest laws in independent India led to these communities being evicted and denied their customary rights without proper settlement. It is estimated that nearly 250 million people across India depend on forests, including over 100 million tribal individuals. The FRA was introduced to address this historical injustice.

Key Provisions

The FRA recognizes several types of rights for forest-dwelling communities such as:

• Land ownership rights up to 4 hectares for lands under cultivation as of December 2005
• Use rights over minor forest produce and grazing areas
• Access rights to basic facilities and rehabilitation in case of illegal eviction
• Community forest management rights

To be eligible, members of Scheduled Tribes need to show 3 generations of dependence on forests preceding December 2005. For other traditional forest dwellers, the requirement is 75 years of dependence.

Process of Recognition of Rights

The gram sabha initiates the process by passing a resolution on the community’s resource rights. This resolution is then screened and approved at sub-division, district, and higher levels through committees consisting of government officials and elected members. These committees also hear appeals on rejected claims.

Resettlement Provisions

The FRA allows for resettlement of communities from protected areas like tiger reserves if it is scientifically established to be necessary for wildlife conservation and the community consents to the resettlement by passing a resolution. Safeguards are included to ensure alternative livelihood arrangements.

Importance of Forest Rights Act, 2006

• The act recognised the common property resources in India for the first time.
• It highlights the rights of tribals and the marginal communities.
• As the act talks about old habitation, conversion of all forest villages, un-surveyed villages, it paved way for the concept of revenue villages.
• It protects the traditional linkages between certain communities and the forests.
• It also protects the intellectual property rights. This is because, the act indirectly protects traditional knowledge of cultural diversity in tribals.
• The act expands the mandate of Schedule V and VI of the Indian constitution.
• It secures the rights of displaced communities.

Rights granted by the Forest Rights Act, 2006

There are four major types of rights granted by Forest Rights Act. They are title rights, use rights, relief and development rights and forest management rights.

Title Rights

The Title rights provide the right to ownership to land that are farmed by the forest dweller and the tribals. It provides ownership to maximum of four hectares of land to an individual. The ownership is given only to the land that is used by the family for cultivation. No new lands shall be allocated.

Use rights

The use rights given to the FDST And TFD under FRA 2006 are extracting minor forest produce, access to pastoralist routes, access to grazing areas, etc.

Relief and Development Rights

The FRA 2006 avails rehabilitation of forest dwellers in case of forced displacement or illegal eviction. Also, under the act, the forest dwellers are eligible to claim basic amenities.

Forest Management Rights

The act provides right to protect, conserve and regenerate a community forest resource that is traditionally protected for sustainable use.

Issues in the implementation of the act

• The implementation of FRA 2006 is highly challenging as the environmental laws are not compliant with the act. The illegal encroachments have increased because of this.
• As the tribals or forest dwellers do not have a big role in voting, any ruling government conveniently subverts the act.
• The lower forest officials who actually help the forest dwellers to claim their rights are unaware of the act.
• The forest bureaucracies seldom misinterpret the FRA 2006 as an encroachment regularising tool instead of a tribal welfare measure.
• According to the environmentalists, the FRA 2006 gives lesser scope for community rights and is more bent in favour of individual rights. It is essential to give importance to the community rights as it gives more control of the forest to the local people.
• The forest bureaucracy fears that it will lose its power over the forest lands. And the corporates fear that they might lose their cheap access to natural resources. This stops them from giving more powers to the local people in managing the land.
• The maps of the community claims and individual claims are prepared by Gram Sabhas. These Gram Sabhas lack education and are unaware of the technical knowhows.

Opposition to the Act

The FRA has faced opposition on the grounds that it could enable encroachment on forest lands and hinder wildlife conservation efforts, especially for endangered species like tigers. However, supporters argue that the Act aims to recognize existing land rights rather than distribute new lands. Its provisions for community-led conservation can strengthen, not weaken, forest protection. The resettlement clauses also provide a balanced approach allowing for voluntary relocation of people from protected areas based on conservation needs.

Notification and Implementation

After being passed in December 2006, the one-year delay in notifying the Act and Rules led to protests by tribal groups. It was finally notified on 31 December 2007 and implemented from 1 January 2008.

However, the initial years of implementation have witnessed several roadblocks such as bureaucratic red tape, rejection of claims without reason, and lack of awareness among communities. A 2010 report called the implementation efforts a “combination of apathy and sabotage” that is denying rights and defeating the purpose of this historic law. Advocacy groups continue to demand fair and proper implementation of the FRA.

Amendments

In June 2022, the Ministry of Environment, Forest and Climate Change introduced an amendment allowing state governments to dereserve or divert forest lands without the consent of gram sabhas. This violates provisions of the FRA and could enable land grabs by private corporations at the cost of tribal groups and forest conservation. The amendment has faced widespread opposition from civil society.