Forest Rights Act,2006

Context:

The Ministry of Tribal Affairs has sought scientific evidence from the Environment Ministry for attributing forest cover loss in ISFR 2023 to the Forest Rights Act, warning that such unverified claims may undermine the Act’s implementation.

Forest Rights Act, 2006 (FRA, 2006):

Overview and Purpose

• FRA, 2006 is also known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act.
• Aims to correct historical injustice done to forest-dwelling communities by recognizing their rights over forest land and resources.
• Enacted to secure livelihoods, ensure tribal empowerment, and promote sustainable forest governance.

Need for FRA

• Tribal communities have lived in and depended on forests for centuries.
• During British rule, they were alienated from their traditional habitats.
• Post-Independence policies continued to exclude forest dwellers from ownership and governance.
• Development projects often led to displacement without recognition of rights.
• FRA was enacted to:
  • Acknowledge traditional rights.
  • Provide legal security.
  • Ensure participatory forest conservation.

Objectives of FRA

• Empower and strengthen local self-governance.
• Address livelihood security and contribute to poverty alleviation.
• Promote conservation and sustainable use of forest resources.
• Democratize forest governance through Gram Sabha

Key Provisions of FRA

Types of Rights Recognized

• Land Rights:
  • Legal title for forest land cultivated before 13 December 2005.
  • No documentary proof required for up to 4 hectares, if used for subsistence.
• Use Rights:
  • Right to collect and use Minor Forest Produce (MFP) (e.g., herbs, tendu leaves, medicinal plants).
  • Grazing rights and access to water bodies.
  • Use of traditional migration routes by pastoralist communities.
• Community Rights:
  • Rights over Nistar lands, community forest resources, etc.
  • Habitat rights for PVTGs and pre-agricultural tribal groups.
• Right to Protect and Conserve:
  • Forest communities can regenerate, conserve, and manage their traditional forest resources.
• Development Rights:
  • Forest land diversion allowed for public utilities (schools, health centers, roads, etc.) with Gram Sabha approval.

Institutional Framework for Implementation

Implementation Challenges

• Low awareness among forest dwellers about their rights.
• Wrongful rejections of claims due to poor verification.
• Overlapping laws: Conflicts with PESA Act, Indian Forest Act, JFM (Joint Forest Management).
• Neglect of Community Rights: Only ~4% of recognised titles are community-based.
• Inadequate capacity in MoTA (Ministry of Tribal Affairs) for monitoring implementation.
• Inactive vigilance committees at local levels.

Recent Developments:

• ISFR 2023 linked negative forest cover change partly to FRA implementation.
• Ministry of Tribal Affairs questioned this claim, demanding scientific validation and expressing concern over potential administrative bias.
• Over 150 civil society groups supported MoTA’s objection, arguing that FRA enables rights-based conservation rather than degradation.