The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2006
The
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), was enacted
to recognize and vest forest rights in Scheduled Tribes (STs) and Other
Traditional Forest Dwellers (OTFDs) who have been residing in such forests for
generations but whose rights were not recorded. The Act aims to correct
historical injustices by providing a framework for recording forest rights and
ensuring the livelihood and food security of these communities.
Key
Provisions of the Act:
Types of
Rights Recognized:
Title
Rights: Ownership of land being cultivated by forest dwellers as of 13th
December 2005, subject to a maximum of 4 hectares. This provision ensures
that no new lands are granted but recognizes existing cultivation.
Use
Rights: Rights to collect, use, and dispose of minor forest produce
(MFP), which includes all non-timber forest produce of plant origin,
grazing areas, and pastoralist routes.
Relief
and Development Rights: Rights to rehabilitation in case of illegal
eviction or forced displacement and to basic amenities, subject to forest
protection measures.
Forest
Management Rights: Rights to protect, regenerate, conserve, or manage any
community forest resource traditionally protected and conserved for
sustainable use.
Eligibility
Criteria:
Forest
Dwelling Scheduled Tribes (FDST): Must be a Scheduled Tribe in the area
where the right is claimed, primarily residing in forests or forest lands
prior to 13th December 2005, and dependent on the forest for bona fide
livelihood needs.
Other
Traditional Forest Dwellers (OTFD): Must have primarily resided in
forests or forest lands for at least three generations (75 years) prior
to 13th December 2005 and depend on the forest for bona fide livelihood
needs.
Process of
Recognition of Rights:
The Gram
Sabha (village assembly) initiates the process by passing a resolution
recommending whose rights to which resources should be recognized.
This
resolution is then screened and approved at the Sub-Divisional Level
Committee (SDLC) and subsequently at the District Level Committee (DLC).
These committees consist of government officials from the Forest,
Revenue, and Tribal Welfare departments, along with elected members of
the local body at that level.
Resettlement
for Wildlife Conservation:
The Act
provides a procedure for resettlement if it is found necessary for
wildlife conservation. This includes demonstrating that relocation is
scientifically necessary and no other alternatives are available,
obtaining the consent of the local community, and ensuring that the resettlement
provides not only compensation but also a secure livelihood.
Significance
of the Act: The FRA, 2006, is a landmark legislation that seeks to address the
historical injustice faced by forest-dwelling communities by recognizing their
rights over forest lands and resources. It empowers these communities to manage
and conserve forests, thereby ensuring their livelihood and food security while
promoting sustainable forest management
