Centre to States: Create Mechanism For Compliance with FRA

Syllabus: GS2/Community Rights and GS3/Forest Conservation

Context

• The Ministry of Tribal Affairs has directed the states to create an institutional mechanism to ensure compliance with the Forest Protection Act and set up a mechanism to address grievances of the forest-dwelling communities.

About

• Aim: Underlining that forest-dwelling communities were protected from unlawful eviction under the Forest Protection Act.
• Reason: The Ministry had received complaints from dozens of villages situated inside tiger reserves in at least three states — Madhya Pradesh, Maharashtra and West Bengal.
  • They alleged that residents were being pressured to vacate their traditional lands without due recognition of their rights under the FRA and Wildlife Protection Act.
• The Ministry has asked the following details from the state tribal development and forest departments:
  • a report detailing the name and number of villages situated in tiger reserves; 
  • the tribes and forest-dwelling communities in such villages; 
  • and all the forest rights claims received, vested, and rejected. 
  • It has also sought to know the process of seeking consent and the likely compensation.

Forest Protection Act in India

• The Forest Protection Act in India refers to a series of legislative measures aimed at the conservation, preservation, and protection of forests. 

The Indian Forest Act, 1927

• It was framed with the objective of managing timber and other forest resources. 
• It provides for state governments to notify any forest land they own as reserved or protected forests.  
• All land rights in such land are subject to the provisions of the Act.  

The Forest Conservation Act, 1980

• The Forest Conservation Act (FCA) was enacted to address deforestation and to regulate the diversion of forest land for non-forest purposes (like industrial, mining, or infrastructural projects).
• The Act requires prior approval from the central government for the use of forest land for non-forest purposes.
• It aims to protect forests from depletion and helps in ensuring sustainable forest management practices.

Forest Rights Act

• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act or FRA) was introduced to recognize the rights of forest-dwelling communities, including Scheduled Tribes, over forest resources that they have been traditionally using.

Major Highlights

• Recognition of Rights:
  • It includes individual and community rights such as Self-cultivation, Habitation, Grazing, Fishing and access to Water bodies in forests.
  • It also includes Habitat Rights for PVTGs, Traditional Seasonal Resource access of Nomadic and Pastoral communities, access to biodiversity, community right to intellectual property and traditional knowledge. 
• Allocation of Forest Land: It also provides rights to allocation of forest land for developmental purposes to fulfil basic infrastructural needs of the community.
  • In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Settlement Act, 2013 FRA protects the tribal population from eviction without rehabilitation and settlement.
• Role of Gram Sabha: The Act further enjoins upon the Gram Sabha and rights holders the responsibility of conservation and protection of forests.
  • The Gram Sabha is also a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes impacting them.

Challenges in Implementation of the FRA 

• Bureaucratic Resistance and Delays: Slow implementation and bureaucratic hurdles at the local and state levels, including lack of resources in forest departments and government bodies.
• Opposition from Forest Authorities: Forest officials often resist the Act, fearing loss of control over forest resources and conflicting interests between conservation and community rights.
• Lack of Awareness: Many forest-dwelling communities are unaware of their rights under the FRA, hindering the filing and recognition of claims.
• Land Title Issues: Inaccurate land records and disputes over land ownership complicate the process of granting rights.
• Displacement and Evictions: Forced evictions from protected areas, often prioritizing conservation over community rights, pose a significant challenge.
• Weak Forest Rights Committees (FRCs): FRCs, which are crucial for recognizing rights at the village level, often function ineffectively due to lack of training and political interference.
• Political Will: Inconsistent political commitment to the FRA across different states leads to uneven implementation.

Way Ahead

• Enhance Awareness: Conduct awareness campaigns to educate communities about their rights under the FRA and train Forest Rights Committees (FRCs) for effective claims management.
• Streamline Processes: Simplify and expedite claim verification, title issuance, and land demarcation to reduce delays.
• Foster Cooperation with Forest Authorities: Train forest officials on the Act and promote a balanced approach between conservation and community rights.
• Update Land Records: Improve accuracy in land records and use technology for land mapping and dispute resolution.
• Prevent Displacement: Avoid forced evictions, especially in protected areas, and prioritize rights protection over eviction.
• Monitor and Evaluate: Establish transparent monitoring mechanisms and conduct regular evaluations to track progress and resolve issues.

Source: IE