FOREST RIGHTS ACT (FRA),2006: ENVIRONMENT
NEWS: FRA implementation: Experts fear eviction of tribal families as review of rejected claims not implemented yet
WHAT’S IN THE NEWS?
Tribal rights groups allege that the government failed to properly review rejected claims under the Forest Rights Act, risking wrongful evictions of forest dwellers. They accuse authorities of submitting misleading data to the Supreme Court and bypassing due process.
1.Forest Rights Act (FRA), 2006
• Researchers and tribal rights activists have raised alarms ahead of a key Supreme Court hearing on the implementation of the Forest Rights Act (FRA).
• More than 150 tribal and forest rights organisations, including those under the Campaign for Survival and Dignity, have accused the Central and State governments of:
Submitting incomplete, inaccurate, or misleading data regarding forest encroachments.
Failing to review rejected forest rights claims properly.
• There are serious concerns that thousands of tribal families and forest dwellers could face eviction based on faulty data and administrative lapses.
2. About the Forest Rights Act (FRA), 2006:
• Official Name: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• Purpose:
• To correct historical injustices faced by tribal communities and other traditional forest dwellers who were denied legal rights over forest lands during British rule and post-independence policies.
• Key Beneficiaries:
• Scheduled Tribes (STs) living in forest areas.
• Other Traditional Forest Dwellers (OTFDs) who have lived in forests for at least three generations (75 years) before December 13, 2005.
• Major Provisions:
• Grants legal rights over forest lands occupied for habitation or cultivation.
• Recognizes rights over minor forest produce, grazing land, water bodies, and traditional knowledge systems.
• Ensures that no forced evictions can occur without due rehabilitation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
• Transfers the power to Gram Sabhas (village assemblies) to:
Receive and verify claims.
Approve or reject claims based on community evidence and oral testimony.
Protect forest resources and manage them sustainably.
3. Historical Background and Evolution:
• Colonial Period:
• British forest laws like the Indian Forest Act of 1927 classified forests as state property, stripping local communities of their access rights.
• Forests were primarily exploited for commercial timber, especially for railway construction and revenue.
• Tribals became encroachers in their own ancestral lands, leading to widespread discontent and marginalization.
• Post-Independence Continuity:
• Though India became independent in 1947, the same exploitative forest administration system largely continued.
• Tribal communities continued to face tenurial insecurity and evictions due to conservation or development projects.
• National Forest Policy, 1988:
• Marked a shift in policy by emphasizing the participation of local communities in forest protection and afforestation.
• Set the stage for legal recognition of forest dwellers' rights.
• FRA Enactment in 2006:
• Result of decades-long advocacy by tribal rights groups and civil society.
• FRA acknowledged that forest-dependent communities are integral to the forest ecosystem and deserve legal ownership and stewardship rights.
4. Key Features and Rights Under FRA:
• Individual Forest Rights (IFRs):
• Right to cultivate land that forest dwellers have been using for subsistence prior to December 13, 2005 (up to 4 hectares per family).
• Community Forest Rights (CFRs):
• Rights of the entire community over forest areas used for fuelwood, grazing, fishing, and minor forest produce (like honey, leaves, bamboo).
• Community Forest Resource (CFR) Rights:
• Exclusive rights to conserve, regenerate, and manage forests traditionally protected by the communities.
• Right to Habitat:
• Especially for Particularly Vulnerable Tribal Groups (PVTGs) who live in primitive conditions and are dependent on shifting cultivation or nomadic lifestyles.
• Right to Development:
• Rights to build basic infrastructure like schools, roads, hospitals, and drinking water facilities within forest lands, without requiring forest clearance.
• Gram Sabha as Authority:
• FRA places the Gram Sabha at the heart of forest governance:
It initiates the process of recognizing rights.
Has the authority to verify claims through public hearings.
Acts as the final decision-making body at the village level.
5. Current Concerns and Implementation Gaps:
• Rejected Claims Without Review:
• Thousands of forest rights claims have been rejected by district-level committees without proper verification or appeal opportunities.
• There is no standard procedure followed across states, leading to arbitrary rejections.
• Legal and Administrative Violations:
• In many areas, claims have been rejected without Gram Sabha involvement, which is a violation of FRA provisions.
• In tribal areas affected by Left-Wing Extremism (LWE), state agencies bypass Gram Sabhas due to security concerns, further harming vulnerable communities.
• Data Discrepancies:
• Government data on encroachments often does not distinguish between illegal encroachments and forest dwellers awaiting recognition of their legal rights.
• This leads to wrongful eviction notices.
• Land Conflict and Human Impact:
• As per Land Conflict Watch (a research initiative):
Since 2016, 117 land conflicts are directly related to FRA implementation.
These conflicts have impacted over 611,557 people, many of whom are poor and landless.
• Key Issues in FRA Implementation:
• 88.1% of conflicts involve non-implementation of FRA.
• 49.15% involve lack of legal protection over forest land occupied by dwellers.
• 40.68% involve forced evictions, often carried out by forest departments or law enforcement.
• Marginalization of Claimants:
• A large number of affected people are illiterate, poor, and unaware of claim procedures.
• Forms are complex, and many tribal communities lack legal aid or documentation.
• Gram Sabha Challenges:
• Many Gram Sabhas are not trained or equipped to process claims correctly.
• In some regions, Gram Sabhas are not even informed about their legal powers under FRA.
6. Way Forward – Recommendations for Improvement:
• Re-evaluation of Rejected Claims:
• All previously rejected claims must be revisited, especially those rejected without Gram Sabha involvement.
• Capacity Building:
• Provide training to Gram Sabha members, forest officials, and local administration on FRA procedures.
• Legal Awareness Campaigns:
• Conduct awareness drives in tribal languages to educate forest dwellers about their rights and the process for filing claims.
• Strengthening Gram Sabhas:
• Allocate resources and support staff to help Gram Sabhas carry out their legal responsibilities.
• Transparent Monitoring:
• Create a publicly accessible database tracking FRA claims, rejections, and appeals to ensure accountability.
• Protection from Eviction:
• Place a moratorium on evictions until all claims are properly processed.
• Inter-Ministerial Coordination:
• Ensure coordination between the Ministry of Tribal Affairs, Ministry of Environment, and State Forest Departments to resolve conflicts in implementation.
7. Conclusion:
• The Forest Rights Act (FRA), 2006 is a landmark legislation that empowers India’s tribal and traditional forest-dwelling communities by recognizing their rightful place in the forest ecosystem.
• However, for FRA to truly deliver justice, it needs:
• Transparent implementation
• Respect for grassroots institutions
• Legal safeguards for claimants
• Ensuring sustainable forest governance with tribal participation is not just a legal obligation, but also a crucial step toward ecological balance, social equity, and inclusive development.
Source: https://www.downtoearth.org.in/forests/fra-implementation-experts-fear-eviction-of-tribal-families-as-review-of-rejected-claims-not-implemented-yet