Forest Rights Act, 2006 (FRA, 2006)

The Forest Rights Act, 2006 (FRA, 2006), or the Schedule Tribes and Other Traditional Forest Dwellers Act, 2006, is one of India’s most significant legislation. Along with transforming the lives of millions of forest-dwelling communities, it has helped to ensure environmental conservation and sustainable development in India. This article aims to study in detail the Forest Rights Act, 2006 (FRA, 2006), or the Schedule Tribes and Other Traditional Forest Dwellers Act, 2006, including its key provisions, achievements, and other related aspects.

About Forest Rights Act, 2006 (FRA, 2006)

• The Forest Rights Act, 2006 also known as the Schedule Tribes and Other Traditional Forest Dwellers Act, 2006, is a landmark piece of legislation in India, which seeks to address the historical injustice faced by forest-dwelling communities by recognising their rights over the land and resources they have been dependent on for generations.
• The Forest Rights Act, 2006 (FRA 2006) represents a significant step toward securing the livelihoods of millions of India’s forest-dwelling tribes and other traditional forest dwellers along with ensuring sustainable development.

Need for Forest Rights Act, 2006

• The Tribals have a more intimate relationship with the forests and have been dependent on forests for food, shelter, etc, for many centuries.
• But they have been progressively cut off from forests since the British rule.
• The situation did not change significantly even after the Independence.
  • The adverse conditions of these forest dwellers were non-recognition of their ancestral rights and resultant displacement due to many developmental projects.
• To rectify these issues and re-recognize their right over forests, the Forest Rights Act 2006 was enacted.
  • It recognizes the symbiotic relationship between forests and forest-dwellers and seeks to protect their rights while also ensuring the conservation of forests.

Objectives of Forest Rights Act, 2006

• To empower and strengthen the local self-governance
• To address the livelihood security of the people, leading to poverty alleviation and pro-poor growth
• To address the issues of conservation and management of natural resources and conservation governance in India.

Provisions of Forest Rights Act, 2006

• The Forest Rights Act, 2006 not only recognises the rights to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood but also grants several other rights to ensure their control over forest resources, including:
  • Right of ownership,
  • Access to collect,
  • Use and dispose of minor forest produce,
  • Community rights such as Nistar;
  • Habitat rights for primitive tribal groups and pre-agricultural communities;
  • Right to protect, regenerate, conserve or manage any community forest resource that they have been traditionally protecting and conserving for sustainable use.
• The Act also provides for diversion of forest land for public utility facilities managed by the Government, such as fair price shops, schools, dispensaries, electricity and telecommunication lines, water tanks, etc. with the recommendation of Gram Sabhas.
• As per the provisions of the Act and the rules framed thereafter, the forest right related to the conversion of forest villages into revenue villages is to be adjudicated by the Gram Sabha, Sub-Divisional Level Committee and the District Level Committee as per the laid down procedure, like any other forest right specified in the Act.

Rights Given to Forest Dwellers Under FRA

Under the Forest Rights Act, 2006 the forest dwellers have been given the following rights:

• Land Rights: The act has given the people the right to own the land of title deeds in case they have been engaged in the cultivation of these lands before December 13, 2005. No documentary proof was necessary for those who had been cultivating land up to four hectares as long as it was done to satisfy their own needs.
• Use Rights: The act also provides for rights to use and/ or collect the following:
  • Minor forest produce things like herbs, tendu, patta, medicinal plants etc “that has been traditionally collected.
    • It does not include timber.
  • Grazing grounds and water bodies
  • Traditional areas of use by pastoralist or nomadic communities i.e. communities that move with their herds, instead of practicing settled agriculture.
• Right to Protect and Conserve: For the first time, this law also gives the community the right to manage and protect the forest and also to protect wild life etc.
• No Arbitrary Dislocation: From the national parks and other protected areas of the country, the forest dwellers cannot be displaced without fulfilling certain guidelines.

Challenges and Issues with Forest Rights Act, 2006

The main challenges coming in the way of implementation of the Forest Rights Act, 2006 are listed as follows:

• Lack of Awareness and Education: The tribals have been vulnerable and have been subject to exploitation in the hands of forest officials, other minor Government agents, money lenders and landlords due to their lack of awareness and education. Many times they themselves are not aware of their entitlements.
• Conflict with Other Legislations: The act comes in conflict with other laws which creates ambiguity and thus creates loopholes on the ground level.
  • For example, conflict with the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) and also with the Joint Forest Management practices.
• Limitations of MoTA: It is alleged that the Ministry of Tribal Affairs (the nodal agency for FRA 2006) is short of eligible staff that are properly and completely aware of provisions of FRA and therefore fails to ensure that the proper application process is applied while recognising rights of the forest dwellers.
• Wrongful Rejections of Claims: Wrongful rejections of claims are also happening, which generally happen due to a lack of proper enquiries made by the officials.
• Other Issues:
  • The vigilance committee of elected officials set up by the state Government is inactive.
  • Of total forest right titles issued, the majority of them are individual titles, and only 4% are community-based.
  • Instead of dealing with implementation problems, the Government keep coming up with new laws or rules, creating a complex maze of conflicting legal situations.

Conclusion

The Forest Rights Act, 2006 (FRA 2006) or the Schedule Tribes and Other Traditional Forest Dwellers Act, 2006 is a progressive piece of legislation that seeks to correct historical injustices with India’s forest-dwelling communities. It has been serving as a pivotal tool for empowering marginalised communities and ensuring the sustainable management of forest resources. Issues and challenges pertaining to the Act should be addressed properly so as to realise its full potential and ensure inclusive and sustainable development.