In recent news, about 1200 review petitions filed by tribals for recognition of their claims over forest land under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 were turned down by local authorities in Mysuru, Karnataka.
Historical Background
For ages, a significant number of people, particularly those from scheduled tribes, have been living around forests in a symbiotic relationship. However, during colonial times, the focus shifted towards using forests as a commercial state resource and for agricultural development, moving away from supporting local communities. This shift was solidified by several Acts and policies like the three Indian Forest Acts of 1865, 1894 and 1927 proposed by the Central Government and some state forest Acts. These acts considerably limited the traditional rights of local communities to use forest resources, a situation that continued even post-independence until the implementation of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
The Forest Rights Act: A Brief Outline
The Forest Rights Act, 2006 recognizes and assigns forest land rights and occupation to Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have resided in these forests for generations. The Act has four key rights – Title rights, Use rights, Relief and Development rights, and Forest management rights. It is also designed to strengthen the conservation regime of forests while ensuring the livelihood and food security of FDST and OTFD.
Significance of the Forest Rights Act
The act plays a crucial role in expanding the mandate of the Fifth and the Sixth Schedules of the Constitution that safeguard the rights of indigenous communities over lands or forests they occupy. It also addresses security concerns, as the alienation of tribes was a contributing factor to the Naxal movement affecting states like Chhattisgarh, Odisha and Jharkhand. The act also has the potential to democratise forest governance by acknowledging community forest resource rights.
Challenges in Implementing the Forest Rights Act
Despite its importance, the implementation of the Forest Rights Act faces several obstacles including administrative apathy, lack of awareness, misinterpretation of the Act as a tool to regularize encroachment, dilution of the Act and reluctance of the forest bureaucracy to relinquish control.
Solutions: A Way Forward
To overcome these challenges, it is crucial to conduct large-scale awareness and information dissemination campaigns at the local level. Also, there is an urgent need to develop a strategic approach for training and capacity-building of individuals responsible for implementing the Forest Rights Act such as Panchayats, Gram Sabha and village-level Forest Rights committee. Providing clarity on the time limit for settling claims and making relevant maps and documents accessible to the Forest rights committee can simplify the task of the Gram Sabha in identifying and filing claims for individual and community rights. Finally, a proactive role from the Centre in encouraging states to honour the law could bring about significant change for millions of people.
