Forest Rights Act (FRA)

Syllabus :GS 2/Governance

In News

• Researchers and campaigners fear that the government has not properly reviewed rejected claims under the Forest Rights Act (FRA) ahead of a crucial Supreme Court hearing.

About

• More than 150 tribal and forest rights organisations, under platforms such as the Campaign for Survival and Dignity, have accused the government of submitting incomplete and misleading data on forest encroachments, while failing to fully implement the FRA.

About the Forest Rights Act (FRA), 2006

• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, commonly known as the Forest Rights Act (FRA), was enacted in 2006 to:
  • Recognise historical injustices against forest-dwelling communities.
  • Grant legal rights over forest land and resources to Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs).
  • Empower Gram Sabhas to verify and approve claims at the grassroots level.
  • Ensures that tribal populations and forest dwellers are not evicted without proper rehabilitation, aligning with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Settlement Act, 2013.
• The FRA includes provisions for individual and community rights over land, forest produce, grazing areas, and traditional knowledge.

Evolution of Forest Rights Act (FRA)

• In the colonial era, British policies exploited forest resources, leaving tribal and forest-dwelling communities in a state of tenurial insecurity. 
• The National Forest Policy of 1988 emphasized the involvement of tribal people in forest protection, leading to the enactment of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which aimed to protect their rights to the environment, life, and livelihood.
• The FRA recognizes the rights of tribal communities and other traditional forest dwellers to access forest land and resources. 

Issues and Concerns 

• According to Land Conflict Watch, since 2016, there have been 117 land conflicts involving FRA, impacting 611,557 people. 
• Key issues include non-implementation of FRA provisions (88.1%), lack of legal protection over land rights (49.15%), and forced evictions (40.68%).
• The issue stems from the lack of clarity regarding whether due process was followed in rejecting claims, particularly in tribal areas with high Left-Wing Extremism. 
• Many affected people are poor, illiterate, and unaware of the correct procedure, with gram sabhas being inadequately informed.

Way Ahead 

• The Forest Rights Act is a crucial law designed to empower indigenous communities by recognizing their legal rights to forest land and resources. 
• It ensures their participation in sustainable forest management, but effective implementation and addressing challenges are essential for its success.

Source :TH