Forest Rights Act, 2006

The Forest Rights Act 2006 (FRA 2006) recognizes the rights of tribal communities who are living in forests. It also recognizes the rights of other forest dwellers who depend on forests for their livelihoods and habitats. This law is known by other names such as the Scheduled Tribe and other traditional Forest Residents Act, Tribal Rights Act or Tribal Land Act.

Highlights

Many people, especially the proposed tribes, have long lived in and around forests in a symbiotic relationship. This relationship resulted in formal or informal customary usage and mining rules. This is often dictated by ethical beliefs and practices that ensure that forests are not overly damaged. During the colonial era, the focus shifted from the use of forests as a resource base for community livelihoods to national resources for commercial gain and land development for agriculture. Several laws and directives, such as the Central Government’s Three Indian Forest Acts of 1865, 1894, and 1927, and some State Forest Acts, gave the community centuries-old general use rights. Reduced. This was long after independence and continued until the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 came into effect.

Features of the FRA 2006

The law recognizes the forest rights of Scheduled Tribes dwelling in forests and Traditional Forest Residents who have lived in the forest from generation to generation. Establish authorities with the aim of protecting forest biodiversity and monitoring the sustainable use of forest resources. Authorities are responsible for maintaining the ecological balance of the region. It secures food security and livelihoods for forest dwellers while strengthening forest conservation areas. It corrects colonial injustice to forest dwellers.

Implementation of FRA 2006

Gram Sabha begins the evaluation process of the needs of people in the woodlands and process it in accordance with FRA 2006. When evaluated, it makes claims and integrations to help them exercise their rights. Then the decision is transferred to a subdivision committee formed by the state government. Municipalities petition the committee if they are not satisfied with the decision. The Subdivision Committee then evaluates the decision and forwards it to the Subdivision Manager. It is then transferred to a district-level committee and then to a state-level oversight committee. A state-level supervisory board is established by the state government. This is mainly due to the fact that the land is the object of the state.

Importance of the act

The law seeks to correct mistakes in government policy towards forest-dwelling communities that were deprived of their claims for resources in the 1850s, both in colonial India and independent India. The law also has the potential to sustainably protect forests and secure tribal livelihoods in traditional ways. It extends the power of the 5th and 6th appendices of the Constitution to protect indigenous communities’ claims about the land or forests they live in. Tribal alienation was one of the factors behind the Naxalite movement affecting states such as Orissa, Chhattisgarh and Jharkhand. The law by identifying IFR and CFR seeks to allow the inclusion of tribes. Recognizing the rights to forest resources in an estimated 85.6 million acres of community has the potential to democratize forest management, thereby empowering more than 200 million forest inhabitants in more than 170,000 villages. The law guarantees that people can manage their own forests and regulates the development of forest resources, forest management and management, tribal rights, etc. by the authorities.

Rights Granted

Four types of rights are granted by FRA 2006 which are use rights, title rights, forest management rights and relief and development rights.

Use Right: The right to use FDST and TFD in accordance with FRA 2006 includes extraction of smaller forest products, access to pastures, and access to pastures, etc.

Title Rights: Ownership grants ownership of land cultivated by forest dwellers and tribes. It gives private ownership of up to 4 hectares of land. Ownership is transferred only to the land used by the family for cultivation. No new plot will be assigned.

Forest Management Rights: The law provides the right to maintain, protect and regenerate the forest resources of communities that have traditionally been protected for sustainable use.

Relief and Development Rights: FRA 2006 makes it possible to rehabilitate forest dwellers in the event of displacement or illegal movement. In addition, the law gives forest residents the right to provide basic amenities.

Issues regarding implementation

The implementation of FRA 2006 is a major challenge as environmental law does not comply with the law. As a result, illegal attacks are on the rise. Tribals and forest dwellers do not play a major role in voting, so any ruling government conveniently undermines its conduct. Lower forest officials, who are actually helping foresters claim their rights, know nothing about that fact. Forest bureaucrats rarely misunderstand FRA 2006 as a means of regulating interference rather than a means of tribal welfare. According to environmentalists, in 2006 the FRA had less room for community rights and was more focused on individual rights. It is important to emphasize community rights so that local people have more control over the forest. Forest bureaucrats are afraid to lose power over forest areas. And companies are afraid to lose cheap access to natural resources. This prevents them from giving the locals more power to manage the land. A map of community claims and individual claims is created by Gram Sabhas. These Gramsabhas are poorly educated and unaware of their technical knowledge.

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