The Jammu and Kashmir government has recently announced its decision to implement the Forest Rights Act (FRA), 2006. This move is expected to significantly improve the socio-economic status of a significant portion of the 14-million-strong tribal and nomadic population in the region.
A Closer Look at the Forest Rights Act
The FRA was enacted in 2006 in recognition of the rights of forest-dwelling tribal communities and other traditional forest dwellers, who have been dependent on these forests for various needs, such as livelihood, habitation, and sociocultural practices. These rights pertain to the occupation and use of forest lands by the Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD). These communities have been dwelling in these forests for generations. Besides recognising these rights, the FRA also aims to strengthen the conservation regime of the forests while ensuring the livelihood and food security of the FDST and OTFD.
Deciding Authorities and Rights under FRA
The Gram Sabha – local self-government organization in India – is the authority responsible for initiating the process for determining the extent and nature of Individual Forest Rights (IFR) or Community Forest Rights (CFR) that can be given to FDST and OTFD. The rights under the FRA include title rights that give FDST and OTFD right to ownership of land farmed by them, subject to a maximum of 4 hectares. However, new lands will not be granted, and ownership applies only to land currently being cultivated by the concerned family.
The rights also extend to the extraction of Minor Forest Produce, grazing areas, and more. Additional relief and development rights provide rehabilitation in cases of illegal eviction or forced displacement. Forest management rights also include the right to protect, regenerate, conserve, or manage any community forest resource traditionally protected for sustainable use.
Significance of Implementing FRA
Implementing FRA can have significant effects on various societal and political aspects. It expands the mandate of the Fifth and Sixth Schedules of the Constitution, which provide protection to the indigenous communities’ claims over the land or forests they inhabit. This expansion can alleviate security concerns, as alienated tribes was one of the contributing factors to the Naxal Movement that affected states like Chhattisgarh, Odisha, and Jharkhand.
Additionally, implementing FRA can democratize forest governance by recognizing community forest resource rights, enabling individuals to manage their own forests. This democratic approach can lead to regulated exploitation of resources, improved forest governance, and better management of tribal rights.
Challenges in Implementing FRA
Despite its advantages, FRA’s implementation can face certain obstacles. Tribals not being a prominent vote bank in most states, can lead to governments bypassing FRA for monetary gains. The forest bureaucracy has often misunderstood FRA as a tool to regularize encroachment rather than a welfare measure for tribals. Moreover, fear of losing cheap access to natural resources might arise among corporates.
Critics have raised concerns about FRA favouring individual rights more than community rights, leading to dilution of the Act. Gram Sabhas, responsible for preparing claim maps, often lack technical knowhow and suffer from educational incapacity. Moreover, there has been misuse of FRA with communities rushing to file claims, leading to misinterpretation of FRA as a land distribution exercise.
Way Forward
In light of these challenges, it is crucial that governments at Central and State levels are equipped with sufficient human and financial resources to implement FRA effectively. Leveraging modern technology for mapping and monitoring FRA’s implementation would be beneficial. A reform in the forest bureaucracy is also recommended, transforming it into service providers for Gram Sabhas.
