Implementation Status and Legal Provisions of Forest Rights Act (FRA), 2006

Context:

The Ministry of Tribal Affairs presented the latest status of community claims under FRA, 2006 in the Rajya Sabha and detailed associated legal safeguards for Scheduled Tribes.

Forest Rights Act (FRA), 2006:

It is enacted to recognize and vest forest rights and occupation of forest land in forest-dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs). It also provides legal safeguards against their eviction.

Implementation Responsibility:

State Governments are responsible for implementing FRA, while the Ministry of Tribal Affairs (MoTA) is the nodal ministry at the central level, monitoring Monthly Progress Reports from States/UTs.

Progress (as of 31st May 2025):

Total community claims filed: 2,11,609
Community claims disposed: 1,74,744 (82.58%)
- Titles distributed: 1,21,705
- Claims rejected: 53,039
Pending claims: 36,865 (17.42%)

Constitutional Provisions:

Schedule V empowers the Governor to regulate land transfers and prevent alienation in Scheduled Areas.
PESA Act, 1996 mandates Gram Sabha consultation before land acquisition and rehabilitation in Scheduled Areas.
RFCTLARR Act, 2013 provides special protections for STs including compensation and rehabilitation safeguards.
MMDR Act (Amended 2015): Enabled District Mineral Foundations (DMFs) to be set up in mining-affected districts; guided by PMKKKY guidelines (latest: 2024).
CAF Act, 2016: Involves tribal communities in afforestation and eco-restoration activities.

Legal Safeguards under FRA:

Section 4(4): Forest rights are heritable but not alienable or transferable.
Section 4(5): No forest dweller can be evicted before recognition/verification process is completed.