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17-January-2025-Special-Article

January 17 @ 7:00 am - 11:30 pm

RIGHTS FOR FOREST DWELLERS

The Ministry of Tribal Affairs has issued a directive to states, urging them to set up institutional mechanisms for ensuring proper implementation of the Forest Rights Act (FRA), 2006, especially in tiger reserves. This move is aimed at addressing complaints of unlawful evictions of forest-dwelling communities and ensuring their legal rights are safeguarded.

Highlights of the Tribal Ministry’s Recent Directive

Compliance with FRA

  • The Ministry has emphasized that forest-dwelling communities cannot be evicted without recognizing their legal rights under the FRA, 2006 and the Wildlife Protection Act, 1972.
  • This directive follows reports of illegal evictions in states like Madhya Pradesh, Maharashtra, and West Bengal.

Consent for Relocation

  • As per Section 4(2) of the FRA, the relocation of forest dwellers requires written consent from the Gram Sabha.
  • The law mandates the settlement of their rights in the proposed relocation areas.

Reporting Requirements

  • States must submit reports detailing tribal villages located within tiger reserves and the status of forest rights claims.
  • The National Tiger Conservation Authority (NTCA) has also sought timelines for relocating 591 villages in tiger reserves, highlighting the need to balance conservation efforts with community rights.

Grievance Redressal Mechanisms

  • States have been instructed to establish systems to address complaints and grievances related to evictions from forest areas.

About the Forest Rights Act (FRA), 2006

Purpose

  • Recognizes the traditional rights of Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) over forest lands they have lived on for generations.
  • Aims to rectify historical injustices caused by colonial and post-colonial forest management policies.

Goals

  • Empower forest-dwelling communities by ensuring sustainable access to forest resources.
  • Promote ecological balance and biodiversity conservation while protecting communities from illegal evictions.

Key Provisions

  • Ownership Rights: Grants ownership over Minor Forest Produce (MFP) like bamboo, brushwood, canes, etc. Allows collection, use, and disposal of such produce.
  • Community Rights: Recognizes traditional usage rights such as Nistar (shared community forest resources).
  • Habitat Rights: Protects the rights of Primitive Tribal Groups (PTGs) and pre-agricultural communities over their traditional habitats.
  • Community Forest Resource (CFR):Empowers communities to sustainably manage and protect forest resources.
  • Land Diversion: Permits forest land diversion for public welfare projects with Gram Sabha approval.

Challenges in Implementing FRA, 2006

Resistance to Individual Rights

  • The Forest Department often views the recognition of individual rights as a challenge to its control over forest resources.
  • For example, shifting cultivation practices in Assam and land diversions in Maharashtra’s Gadchiroli district complicate implementation.

Technological Barriers

  • Digital platforms like VanMitra face hurdles due to poor internet connectivity and low literacy rates in tribal areas, slowing claims processing.

Conflicting Laws

  • FRA provisions often clash with laws like the Indian Forest Act, 1927 and the Wildlife Protection Act, 1972, causing ambiguities in enforcement.

High Rejection Rates

  • Many claims are rejected due to insufficient documentation or evidence, often without providing claimants an opportunity to appeal.

Weak Gram Sabhas

  • Gram Sabhas lack adequate training, resources, and capacity, leading to inefficient decision-making.
  • In some cases, local elites dominate, marginalizing vulnerable groups.

Evictions for Development

  • Large-scale projects like mining, dams, and highways often lead to the eviction of forest-dwelling communities despite FRA protections.

Way Forward

Addressing Resistance

  • Establish Forest Dweller Bodies or Farmer Producer Organizations (FPOs) to collectively assert rights and foster dialogue with the Forest Department.
  • Align conservation goals with FRA provisions for sustainable forest management.

Amending Conflicting Laws

  • Revise laws like the Indian Forest Act, 1927, to harmonize them with FRA objectives and eliminate ambiguities.

Improving Technology and Capacity

  • Enhance internet connectivity and digital literacy in tribal regions.
  • Simplify documentation processes to make claim filing easier.

Balancing Development and Rights

  • Ensure large-scale development projects respect the rights of forest communities.
  • Adopt co-management models to balance conservation and community empowerment.

Inclusive Governance

  • Ensure Gram Sabhas are inclusive, giving equal representation to women and marginalized groups in decision-making processes.

Awareness Campaigns

  • Launch large-scale awareness drives to educate communities about their rights under the FRA.
  • Build the capacity of Gram Sabhas with adequate training and resources.

Conclusion

The Forest Rights Act, 2006, is a landmark legislation aimed at empowering forest-dwelling communities by recognizing their rights over land and resources. However, challenges like resistance from forest departments, legal conflicts, and weak implementation mechanisms need to be addressed. A collaborative approach, combining technology, policy reforms, and community engagement, can help strike a balance between conservation and the rights of forest communities.

Mains Question:

  1. Discuss the significance of the Forest Rights Act, 2006, in addressing historical injustices faced by forest-dwelling communities. (150 WORDS)

Details

Date:
January 17
Time:
7:00 am - 11:30 pm
Event Category:
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