Introduction

The Forest Rights Act (FRA) 2006 was enacted to recognize and vest forest rights and occupation in forest land to Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) who have been residing in such forests for generations but whose rights were not formally recorded.

The Act seeks to correct the historical injustice done to forest-dwelling communities during colonial and post-colonial forest governance.

Objectives

• Recognize individual and community forest rights.
• Strengthen livelihood security of forest-dependent communities.
• Empower Gram Sabhas in forest governance.
• Promote conservation through community participation.

Eligibility

The Act applies to:

• Scheduled Tribes residing in forest areas.
• Other Traditional Forest Dwellers who have lived in forests for at least three generations (75 years) prior to 13 December 2005.

Types of Rights Recognized

Individual Forest Rights

• Right to hold and live in forest land for habitation or self-cultivation.
• Land rights are limited to a maximum of 4 hectares.
• No new encroachments are allowed.

Community Forest Rights

• Rights over minor forest produce (MFP).
• Grazing rights and access to water bodies.
• Right to collect, use, and dispose of non-timber forest produce.
• Rights over traditional seasonal resource access.

Community Forest Resource (CFR) Rights

• Right to protect, regenerate, conserve, and manage community forest resources.
• Gram Sabha has authority over sustainable use and conservation.

Other Rights

• Rights of pastoralist and nomadic communities.
• Rights over intellectual property and traditional knowledge.
• Development rights for basic infrastructure (schools, roads, health centres) with limited forest diversion.

Institutional Framework

Gram Sabha

• Central authority in initiating and verifying claims.
• Responsible for conservation and management of forest resources.

Sub-Divisional Level Committee (SDLC)

• Examines and consolidates claims.

District Level Committee (DLC)

• Final authority to approve or reject claims.

Significance

• Shifts forest governance from a state-centric model to a community-centric approach.
• Enhances tenure security and reduces eviction of forest dwellers.
• Strengthens democratic decentralization under the Panchayati Raj system.
• Aligns with constitutional protections under the Fifth and Sixth Schedules.

Challenges

• Slow recognition of Community Forest Resource rights.
• High rate of claim rejections due to procedural errors.
• Conflict between forest bureaucracy and community rights.
• Overlapping claims with wildlife conservation and protected areas.

In 2019, the Supreme Court directed eviction of rejected claimants, but the order was later stayed, highlighting the complexity of implementation.

Relationship with Other Laws

• Interacts with the Indian Forest Act, 1927.
• Affects implementation of the Forest (Conservation) Act, 1980.
• Linked with Panchayats (Extension to Scheduled Areas) Act (PESA), 1996.

Conclusion

The Forest Rights Act, 2006 represents a transformative shift in India’s forest governance framework by legally recognizing customary rights of forest-dependent communities. Its effective implementation is crucial for balancing ecological conservation with social justice and tribal empowerment.