FOREST
RIGHTS ACT - GOVERNANCE
News:
Forest rights concerns
could influence electoral results in nearly a third of constituencies, says
study
What's
in the news?
●
The electoral outcome in nearly three in
ten of India’s Parliamentary constituencies could be influenced by issues
surrounding the implementation of the Forest Rights Act, says an analysis by
independent researchers.
Key
takeaways:
●
The Forest Rights Act (FRA), officially
known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006, is a piece of legislation that enables tribal
communities and forest-dwelling citizens to claim legal rights over the forest
land they have occupied for generations but in many cases, denied a say or
authority in its management or free access to forest produce.
●
It marks a watershed in India’s
socio-environmental legislation, as it attempts to resolve the issue of forest
encroachments and to create a much more democratic, bottom-up forest
governance.
Forest
Rights Act, 2006:
●
It recognises the rights of the forest dwelling scheduled tribal communities (FDST) and
other traditional forest dwellers (OTFD).
●
Strengthens conservation regime of forests
along with livelihood and food security.
●
Gram
Sabha – responsible for determining the nature and extent
of individual forest fights or community forest rights.
Objectives:
●
To undo historical injustice
●
To strengthen conservation regime
●
Provide livelihood and food security
●
Dignified life.
Vision:
●
Granted for subsistence, sowing and other
socio-cultural needs.
Who
can claim?
●
At least three generations (75 years)
prior to 13th dec 2005.
●
They should primarily resided in forest
land for bonafide livelihood needs.
Rights
under FRA, 2006:
1.
Title rights:
●
It should be given for up to 44 hectares
for an individual.
●
It should be given only for those lands
which are already being cultivated.
●
It should not be given for new lands.
2.
Use rights:
●
Extracting minor forest produces, gracing,
fishing and access to waterbodies.
3.
Rights to relief and development:
●
Rehabilitation and provision of basic
amenities.
●
It checks illegal eviction and forceful
displacement of the tribal people.
4.
Forest management rights:
●
Right to safeguard, regenerate, maintain
and management of forest.
Significance
of FRA, 2006:
●
Expansion
of constitutional provisions in line with 5th and 6th
schedule of the constitution.
●
Reduce
alienation of tribal peoples which checks naxalism and Maoism in
tribal areas.
●
It democratise
forest governance by providing them conservation and management of forest
areas.
Challenges:
●
Administrative
apathy - lack of bureaucratic ethos in implementation.
●
Dilution
and misuse of the act - several crimes rejected by the forest
officials.
●
Lack
of awareness among tribal people.
●
Reluctance
of forest bureaucracy to give-up their control on forest lands.
Go
back to basics:
Supreme
Court Judgment:
●
The SC in the Niyamgiri case, empowered
forest communities by stating that they enjoy veto power over any proposals to
divert that forest for other purposes.