The law concerns the rights of forest dwelling communities. In addition to the recognition of individual householdbased rights, the fra also provides for community rights over forests. The rights conferred under the forest rights act of 2006 include the right to collect and sell minor forest produce mfp. Forest rights act fra, 2006 was passed to correct the historical injustices of the past, specifically the injustices that were meted out by forest department fd that has continued the colonial authoritarian control over large tracts of forests and denied. It allows those who live in forested areas, and those who earn their livelihood from forested areas, to claim the legal rights to the forested land that they use.
Click here for the full text of the forest rights act 2006 millions of people live in and near indias forest lands, but have no legal right to their homes, lands or livelihoods. An fdst nuclear family would be entitled to the land currently occupied subject to a maximum of 2. Proposal for extending bamboo plantation under national bamboo mission nbm over lands of forest dwellers under scheduled tribes and other forest dwellers recognition of forest rights act, 2006 325 kb fra rule book 1. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of. The fra also says that a village shall get its traditionally held forest. The indian forest act, 1927, indias main forest law, had nothing to do with conservation. The reality on ground is that these people are not intruders, they have been living in the forest traditionally for generations.
To address the adverse living conditions of many tribal families living in forests was on account of nonrecognition and vesting of preexisting rights, a landmark legislation viz. The draft rules were placed in public domain in february 2018 for comments, and were subsequently revised after a large number of. The effective implementation of the scheduled tribes and other forest dwellers recognition of forest rights act, 2006, which recognises the individual as well as community rights over forest. These rules amend the scheduled tribes and other traditional forest dwellers recognition of forest rights rules, 2008, notified under the 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, has been enacted to recognize and vest the forest rights and occupation of forest land in forest dwelling scheduled. Similarly, although the rules specifically mention the highly neglected biological diversity act of 2002, they also sideline the democratic process of decisionmaking as envisaged under forest rights act fra, 2006. How government is subverting forest rights act downtoearth. This continued even after independence till much later until enactment of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. The act aims to provide a framework which recognizes and vests forest rights in forestdwelling. This act prohibits the capturing, killing, poisoning or trapping of wild animals. This brief has been prepared based on the findings of an assessment study on implications of fra on land rights of tribal groups and other traditional forest dwelling population in india. Recognition of forest rights act, 2006 hitherto referred as forest rights act fra, a unique emancipatory law with the potential to transform the lives and livelihoods of hundreds of millions of forestdependent people. How community rights under the forest rights act could. The act was created to reverse the erosion of their traditional rights by. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is one instrument in that struggle. Not a single state has drafted the rules under the act to give effect to it. Forest rights act, 2006 land portal securing land rights. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is a key piece of forest legislation passed in india on 18 december 2006.
Popularly known as the forest rights act fra, the scheduled tribes and other traditional forest dwellers recognition of forest rights act was passed in 2006. It has also been called the forest rights act, the tribal rights act, the tribal bill, and the tribal land act. Indias new compensatory afforestation rules dilute rights of. Aug 14, 2017 to correct this, parliament in 2006 passed the landmark scheduled tribes and other traditional forest dwellers recognition of forest rights act, also known as the forest rights act. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of citizens and balance the right to environment with their right to life and livelihood. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. According to the study, broad guidelines are needed to implement community forest rights. An act to recognise and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not. The scheduled tribes and other traditional forest dwellers. It was created to serve the british need for timber.
Rules marathi scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 and rule 2008 update rule 2012 act english, hindi, marathi. The union ministry of tribal affairs has notified the amended rules for the implementation of the forest rights act fra of 2006. The forest rights act, 2006 has the potential to cover over 85. Rights act, or the forest rights act fra was enacted in 2006, it was hailed by many as an emancipatory law which upheld the rights and entitlements of the marginalized communities. It sought to override customary rights and forest management systems by declaring forests state property and exploiting their timber. Nov 19, 2016 the forest rights act, 2006 is a radical change in the sense that during colonial time forests have all been declared to be owned by government and people living on forest produce, living along the forest suddenly became trespasses. Traditional forest dwellers recognition of forest rights act 2006 no. Scheduled tribes and other traditional forest dwellers. These include tendu leaves used in beedis, and bamboo that have high commercial value and were under the forest departments control. Potential for recognition of community forest resource. Forest rights act, 2006 directorate of tribal welfare.
Aug 14, 2018 similarly, although the rules specifically mention the highly neglected biological diversity act of 2002, they also sideline the democratic process of decisionmaking as envisaged under forest rights act fra, 2006. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, also called the fra act defines the community forest resource rights. The land may be allocated in all forests including core areas of. By recognizing the rights of communities over forests and natural resources, which they have. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, passed in december 2006, was a historic law that gave back to traditional forest dwellers their. Cut to august 2018, the government of india has now notified the compensatory afforestation fund caf rules. How rules fail in the jungle chief sitting bull was talking of the natives of america but he may as well have been speaking of indias tribes whose primitive but harmonious existence in forests is endangered by the relentless expansion of modern civilisation. Jun 14, 2017 forest rights act fra, 2006 was passed to correct the historical injustices of the past, specifically the injustices that were meted out by forest department fd that has continued the colonial authoritarian control over large tracts of forests and denied communities access to their areas, resources and livelihood.
Forest rights act, 2006 2 of 2007, the central government hereby makes the following rules to amend the scheduled tribes and other. The act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws. The new rules, notified on september 6, bring more clarity to provisions relating to recognition of forest dwellers rights to conserve and manage community forest resources, the procedure for which was ambiguous even in the draft amendment rules issued by the ministry in july this year. The effective implementation of the scheduled tribes and other forest dwellers recognition of forest rights act, 2006, which recognises. Forest right act proposal for extending bamboo plantation under national bamboo mission nbm over lands of forest dwellers under scheduled tribes and other forest dwellers recognition of forest rights act, 2006 325 kb. The government of india, ministry of tribal affairs have issued the scheduled tribes and other traditional forest dwellers recognition of forest rights rules, 2007 and published in part. It deals with the rights of forest dwelling communities over land and other resources. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 is a result of the protracted struggle by the marginal and tribal communities of our country to assert their rights over the forestland over which they were traditionally dependent.
Rehabilitation and resettlement plan proposal of assam power generation corporation ltd. Act, rules and guidelines ministry of tribal affairs. But sadly, till date, only 3% of this potential area has been realised. The notification of rules for the implementation of the forest rights act, 2006 on 1st jan 2008, has finally paved the way to undo the historic injustice done to. Loopholes in the draft compensatory afforestation fund. As passed by lok sabha on 15 th december 2006 bill no. The forest conservation act, 1980 and the forest rights act, 2006 make gram sabha, or an assembly of all village adults, consent mandatory for diversion of forests under their jurisdiction. It deals with the rights of forestdwelling communities over land and other resources. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is a key piece of forest legislation passed in india on 18. Next to the public discourse on the notable legislation of the last decade like the right to information act, the right to education act and the mahatma gandhi national rural employment guarantee act, the attention on the forest rights act, enacted in 2006 and in effect since 2008, has been muted.
Across indias forest areas, people are fighting for democracy, livelihood and dignity. The forest rights act a weapon of democracy in the forests. In the context of the fao voluntary guidelines on tenure. The strident opposition led to the formulation of a new scheduled tribes and other traditional forest dwellers act or simply forest rights act fra, which was passed in december 2006 and came into force on january 1, 2008 with the notifi cation of its administrative rules. Recognition of community rights under forest rights act in. This act may be called the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. The scheduled tribes and other traditional forest dwellers recognition of forest rights act was enacted on december 29, 2006, and thereafter amended in 2012. As per provision of the forest rights act, tribal welfare department is the nodal department for implementation of the various provisions of the forest rights act.
Forest rights amendment rules, 2012 on september 6, 2012. This act may be called the scheduled tribes and other. Indias new compensatory afforestation rules dilute rights. Ministry of tribal affairsmota, government of india provides definintion of forest land as per fra, different types of forest rights as per fra, and comprehensive rules and guidelines related to fra. The rights conferred under the forest rights act of 2006 include the. Citizens report 20 on community forest rights under forest rights act 3.
The state governmentsuts have been issued advisories by this ministry from time to time to carry out the strict and speedy implementation of provisions of the forest right act, 2006 and rules there under and to ensure that while processing the claims of forest dwellers under the act, no eligible claim is rejected. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised. Forest rights act 2006 implementation and challenges. The act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the.
The fra says land cannot be taken away by the government until forest rights are recognised. It aims to recognise and protect the rights of forestdwelling scheduled tribes and other traditional. The impact of the forest rights act 2006 on deforestation, tribal welfare, and poverty share this project when the united progressive alliance came to power in the indian general elections of may 2004, it published a common minimum programme in which it promised to end the eviction of tribal and other forestdwelling people from forest lands. The law concerns the rights of forest dwelling communities to land and other resources, denied to them over. Highlights of the bill the scheduled tribes recognition of forest rights bill, 2005 seeks to recognise forest rights of forest dwelling scheduled tribes fdsts who have been occupying the land before october 25, 1980. Land rights of scheduled tribes press information bureau. Forest rights act, 2006 ministry of tribal affairs. In 2006, india passed a law, the forest rights act fra recognising historical injustice meted out to the countrys forest dwellers and recognised the primacy of a gram sabha village council while deciding the fate of the forests cut to august 2018, the government of india has now notified the compensatory afforestation fund caf rules, 2018 in which the gram sabha no longer. To correct this, parliament in 2006 passed the landmark scheduled tribes and other traditional forest dwellers recognition of forest rights act, also known as the forest rights act.
The impact of the forest rights act 2006 on deforestation. The reality on ground is that these people are not intruders, they have been living in the forest traditionally. Act, rules and guidelines a right to hold and live in the forest land under the individual or common occupation for habitation or for selfcultivation for livelihood by a member or members of a forest dwelling scheduled tribe or other traditional forest dwellers. Securing the forest rights of tribals the hindu businessline. Aug 23, 2018 in 2006, india passed a law, the forest rights act fra recognising historical injustice meted out to the countrys forest dwellers and recognised the primacy of a gram sabha village council while deciding the fate of the forests. The forest rights act, 2006 is a radical change in the sense that during colonial time forests have all been declared to be owned by government and people living on forest produce, living along the forest suddenly became trespasses. Winning the right to manage these resources meant economic liberation to the two. National forest policy 1952nfp 1952, national forest policy 1988nfp 1988, and recently the forest rights act 2006 bhullar 2008 have been implemented in tripura to check and reduce shifting. A few government officials have all power over forests and forest dwellers. This act is crucial to the rights of millions of tribals and.
453 1530 1060 614 1141 739 503 72 491 1207 576 581 906 592 1284 412 74 816 496 1118 669 1266 1112 67 294 1487 639 1485 834 1026 795 471 585 449