Forest Rights Act and Ongoing Land Conflicts in India

The Forest Rights Act (FRA), enacted in 2006, aims to recognise the rights of traditional forest dwellers in India. Recent developments have brought into light challenges in its implementation. As of April 2025, land conflicts involving the FRA have affected over 611,000 citizens. The Supreme Court’s involvement and the government’s response to ongoing issues have raised concerns among activists and researchers.

Background

The FRA was established to protect the rights of indigenous communities, including Scheduled Tribes (ST) and Other Traditional Forest Dwellers (OTFD). It allows these groups to claim rights to forest land and resources they have historically depended on. The law seeks to rectify historical injustices faced by these communities.

Supreme Court’s Intervention

In February 2019, the Supreme Court ordered the eviction of around 1.7 million tribal families, citing rejected claims under the FRA. This decision sparked widespread protests, leading to a temporary stay on the evictions. The Court directed state governments to review the rejected claims, aiming to ensure fair treatment of forest dwellers.

Current Status of Claims

Despite the Supreme Court’s directives, reports indicate that approximately 180,000 claims remain rejected. Researcher Tushar Dash brought into light that the lack of guidelines for reviewing these claims has hindered progress. Activists argue that illegal rejections persist, undermining the FRA’s objectives.

Government’s Response

The Union Ministry of Tribal Affairs (MoTA) has called for state governments to create mechanisms for implementing the FRA effectively. This includes establishing grievance redressal frameworks to address complaints about unlawful evictions. The ministry’s efforts aim to protect the rights of forest dwellers amidst increasing pressures from conservation policies.

Impact of Conservation Policies

The National Tiger Conservation Authority (NTCA) has issued eviction notices to expedite the removal of forest dwellers from tiger reserves. This has resulted in the displacement of over 100,000 individuals. Critics argue that such policies threaten the livelihoods and rights of indigenous communities while prioritising wildlife conservation.

Land Conflicts and Legal Issues

An analysis by Land Conflict Watch reveals that since 2016, there have been 117 land conflicts linked to the FRA. These conflicts primarily stem from non-implementation of the law, lack of legal protection over land rights, and forced evictions. The affected communities demand legal recognition of their land rights to resolve these disputes.

Community Demands and Legal Recognition

Communities impacted by land conflicts are advocating for legal recognition of their land rights. Over 60% of cases reported by Land Conflict Watch reflect this demand. Procedural violations in land transactions also contribute to the ongoing disputes, denoting the need for comprehensive reforms in the implementation of the FRA.

Questions for UPSC:

1. Critically examine the implications of the Forest Rights Act on tribal rights in India.
2. Discuss the relationship between conservation policies and the rights of indigenous communities in India.
3. Explain the role of the Supreme Court in addressing land conflicts related to the Forest Rights Act.
4. With suitable examples, discuss the legal challenges faced by forest dwellers under the Forest Rights Act.

Answer Hints:

1. Critically examine the implications of the Forest Rights Act on tribal rights in India.

1. The FRA recognizes the rights of traditional forest dwellers, including Scheduled Tribes (ST) and Other Traditional Forest Dwellers (OTFD).
2. It aims to rectify historical injustices by allowing communities to claim land and resources they have depended on for generations.
3. Implementation issues persist, with many claims being rejected without proper review, impacting tribal rights .
4. Mass protests indicate community resistance to evictions, denoting the law’s importance in protecting tribal rights.
5. Legal recognition of land rights is crucial for the survival and dignity of indigenous communities, as evidenced by ongoing land conflicts.

2. Discuss the relationship between conservation policies and the rights of indigenous communities in India.

1. Conservation policies, such as those enforced by the National Tiger Conservation Authority (NTCA), often prioritize wildlife over human rights.
2. Evictions from protected areas have displaced over 100,000 forest dwellers, threatening their livelihoods and cultural practices.
3. The lack of consultation with indigenous communities during conservation planning leads to conflicts and resistance.
4. Critics argue that conservation efforts should integrate community rights and sustainable practices to be effective.
5. Balancing conservation and indigenous rights is essential for the long-term sustainability of both wildlife and tribal communities.

3. Explain the role of the Supreme Court in addressing land conflicts related to the Forest Rights Act.

1. The Supreme Court intervened in 2019, ordering the eviction of 1.7 million tribal families based on rejected claims under the FRA.
2. This order was temporarily stayed due to widespread protests, showing the Court’s influence in protecting tribal rights.
3. The Court directed state governments to review rejected claims, emphasizing the need for fair treatment of forest dwellers.
4. However, ongoing issues with claim rejections reveal the challenges in the Court’s role in enforcing the FRA.
5. The Supreme Court’s decisions highlight the tension between legal frameworks and community rights in land conflicts.

4. With suitable examples, discuss the legal challenges faced by forest dwellers under the Forest Rights Act.

1. Many forest dwellers face illegal evictions, particularly in protected areas, undermining their rights despite the FRA’s provisions.
2. Approximately 180,000 claims remain rejected, often without proper review or justification, leading to legal uncertainties.
3. Procedural violations in land transactions and lack of legal protection exacerbate conflicts, as seen in the 117 cases reported by Land Conflict Watch.
4. Communities demand legal recognition of their land rights, as failure to do so leads to dispossession and loss of livelihood.
5. Examples of mass protests against evictions illustrate the legal and social challenges faced by forest dwellers in asserting their rights.