Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), 2006:
🌳 Forest Rights Act, 2006
(Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006)
🧾 Objective
The Act seeks to recognize and vest forest rights and occupation in forest land to:
Scheduled Tribes (STs)
Other Traditional Forest Dwellers (OTFDs)
who have been living in forests for generations, but whose rights were not legally recorded.
🌿 Background
Enacted in response to historic injustices faced by forest-dwelling communities.
Aims to empower marginalized tribal communities and correct colonial-era land policies.
Recognizes the symbiotic relationship between forests and forest dwellers.
👥 Who is Covered?
1. Scheduled Tribes (STs)
Must be living in forest areas before 13 December 2005.
2. Other Traditional Forest Dwellers (OTFDs)
Must have resided in forests for at least 3 generations (75 years prior to 2005) and depended on forest resources for livelihood.
🔑 Key Rights Recognized Under the Act
1. Individual Rights
Right to hold and live in forest land under individual or common occupation for habitation or self-cultivation.
2. Community Rights
Rights to use and collect minor forest produce (MFP), fish, and other resources.
Grazing and pastoralist rights.
3. Community Forest Resource (CFR) Rights
Right of communities to protect, regenerate, and conserve community forest resources.
4. Development Rights
Right to rehabilitation in case of displacement due to development projects.
Right to access basic services (schools, hospitals) in forest areas.
🏛️ Recognition Procedure
Gram Sabha initiates the process and verifies claims.
Sub-Divisional Level Committee (SDLC) screens and forwards claims.
District Level Committee (DLC) finally approves or rejects the claims.
🟢 Gram Sabha is the central authority in decision-making.
⚖️ Important Provisions
Maximum land ceiling: Up to 4 hectares of forest land per family.
Forest land cannot be sold or transferred but can be inherited.
Recognition of rights is not automatic — claims must be filed and proven.
🌍 Significance
Restores dignity and legal rights to forest-dependent communities.
Strengthens community-led forest conservation and management.
Helps in poverty alleviation by ensuring livelihood security.
🧱 Challenges in Implementation
Slow processing and rejection of claims.
Lack of awareness among forest dwellers about the Act.
Opposition from forest bureaucracy and commercial interests.
Evictions due to poor claim documentation or misinterpretation of rules.
Conflicts with conservation laws and projects like tiger reserves or mining.
🧑⚖️ Key Judicial and Policy Developments
Supreme Court (2019) ordered eviction of claimants whose claims were rejected, later stayed.
Various High Courts have emphasized the importance of Gram Sabha’s role in protecting CFR rights.
📌 Conclusion
The Forest Rights Act, 2006 is a landmark legislation in India’s environmental and tribal rights framework. While it aims to correct historical injustices and empower forest communities, its effective implementation remains crucial for ensuring environmental justice and sustainable forest governance.
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