Section 32 in the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 2 notwithstanding anything contained in the forest conservation act, 1980 59 of 1980, the central government shall provide for diversion of forest land for the following facilities managed by the government which involve. Timeline of attempts to sabotage forest rights for large. Popularly known as the forest rights act fra, the scheduled tribes and other traditional forest dwellers recognition of forest rights act was passed in 2006. It deals with the rights of forest dwelling communities over land and other resources. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is a key piece of forest legislation passed in india on 18 december 2006. The drafting of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, unpublished paper, available at. Background what led to the forest rights act 2006 the scheduled tribes and other traditional forest dwellers recognition of forest rights bill 2006, is a landmark legislation that recognizes and provides a framework for vesting forest use, protection and conservation rights, and occupation in forest land, to. Scheduled tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the th day of december, 2005. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 is a result of the protracted struggle by the marginal and tribal communities of our country to assert their rights over the forestland over which they were traditionally dependent.
Distributing land deeds to tribal people in tripura tripura holds the highest record of land deeds distributed under the forest rights act in the country. In 2006, the scheduled tribes and other traditional forest dwellers recognition of forest rights act was passed otherwise known as the forest rights act or fra, overriding the indian forest act. Passage of the scheduled tribes and other traditional forestdwellers recognition of forest rights act, 2006 the forest rights act, 2006 by the parliament was proceeded by a yearlong high pitched campaign by rival lobbies of forest conservation and the tribal rights activists. Nov 19, 2016 the forest rights act, 2006 is a radical change in the sense that during colonial time forests have all been declared to be owned by government and people living on forest produce, living along the forest suddenly became trespasses. The scheduled tribes and other traditional forest dwellers. According to the study, broad guidelines are needed to implement community forest rights. The impact of the forest rights act 2006 on deforestation. Move to forest rights act india as bill points out, forest rights act is too general, and may have to be moved to a title with a more specific name wrt india. Forest conservation, tribals and a decade of the forest. Further, given that these rights span titles to land, use rights over forests and a meagre number of community rights, the actual number of benefiting households might well be lower. The law concerns the rights of forest dwelling communities. Forest rights act, 2006 in himachal himachal watcher. Section 32 in the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 2 notwithstanding anything contained in the forest conservation act, 1980 59 of 1980, the central government shall provide for diversion of forest land. Recognition of forest right act 2oo6 schedule and other traditional forest dewellers that the forest legislation passed in india at december 18, 2oo6 this is call the forest right act.
Background what led to the forest rights act 2006 the scheduled tribes and other traditional forest dwellers recognition of forest rights bill 2006, is a landmark legislation that recognizes and provides a framework for vesting forest use, protection and. The act was created to reverse the erosion of their traditional rights by forestry policies, encroachment on their lands by. Subscribe to this free journal for more curated articles on this topic. The rights of forest and its resources were given to the dweller community instead of evicting people after declaring them encroachers. May 04, 2016 when indian government faced conflict between its forest conservation laws and tribal people and traditional dwellers living in indian forests, it passed the forest rights act 2006 fra to solve the problem. Sailaja was awarded four acres of forest land in 2011 and now the family earns from horticulture activities and by collecting non. Purpose of this acts is that secure individual or community tenure or both shall be the right of forest dwelling schedule tribe and other traditional forest. The act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the. The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance. Contitionconat dwellers recognition of forest rights act, 2006. When indian government faced conflict between its forest conservation laws and tribal people and traditional dwellers living in indian forests, it passed the forest rights act 2006 fra to solve the problem. The act aims to provide a framework which recognizes and vests forest rights in forestdwelling. The scheduled tribes and other traditional forest dwellers act recognition of forest rights act, 2006, or the forest rights act fra, is among indias most important legislation since 2005, along with the right to information act and the right to education act. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of.
The passing of the forest rights act 2006 undoubtedly represents a. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of citizens and balance the right. The judgement has triggered protests from forest rights groups, who contended that wildlife conservation cannot overcome natural justice goals. Pdf tracking the implementation of forest rights act, 2006 and its. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, passed in december 2006, was a historic law that gave back to traditional forest dwellers their. Rather the struggle to pass the act, and to keep the key elements intact, was fraught with intense contestation. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 fra legally recognises the rights of communities like the dongria kondh to live in and from their forests and to protect and manage their lands. It was created to serve the british need for timber. Fra is abbreviated as scheduled tribes and other traditional forest dwellers recognition of forest rights act. The reality on ground is that these people are not intruders, they have been living in the forest traditionally for generations. A study on implementation status of forest right act, 2006 at the national and state levels and its recommendations keywords. Learn more about scheduled tribes and their issues related to land rights for indian polity syllabus for upsc. Sep 17, 2016 recognition of forest right act 2oo6 schedule and other traditional forest dewellers that the forest legislation passed in india at december 18, 2oo6 this is call the forest right act.
Forest rights act, 2006 directorate of tribal welfare. Traditional forest dwellers recognition of forest rights act 2006. Forest rights act fra is a game changer but theres still a. It undermines the foundational position of forests, prepares them to become a playground for profits and minimally serves the interests of the marginalised. Consequent on the enactment of the scheduled tribes and other traditional.
Download forest rights act 2006 notes pdf for upsc 2020. Forest right act 2006 page 2 forest right act2006 three kind of rights the scheduled tribes and other traditional forest dwellers recognition of forest rights act2006 was enacted in 2006 rules under the act were framed in 2008 guidelines on the fra were issued in july, 2012 revised rules under the fra were circulated in sept. Diversion of forest land for projects continues as if rights and act do not exist. The fra also says that a village shall get its traditionally held forest. Read about the forest rights act of 2006 and how is it related to the civil service exam. The forest rights act a weapon of democracy in the forests. The forest rights act, 2006 is a radical change in the sense that during colonial time forests have all been declared to be owned by government and people living on forest produce, living along the forest suddenly became trespasses. Nov 27, 2019 fra is abbreviated as scheduled tribes and other traditional forest dwellers recognition of forest rights act.
It sought to override customary rights and forest management systems by declaring forests state property and exploiting their timber. The members of the community of st who primarily reside in and who depend on forests or forest lands for bonafide livelihood. The act was created to reverse the erosion of their traditional rights by. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 henceforth fra notified into force.
As per provision of the forest rights act, tribal welfare department is the nodal department for implementation of the various provisions of the forest rights act. The forest rights act 2006all about it ias abhiyan ii. Her husband chaukas ram, who is no more, was landless and was in possession of barely 10 kanal of land khasara no. A critical appraisal of the scheduled tribes and other. Org the scheduled tribes and other traditional forest. Himachals farmers and forest rights act 2006 himachal watcher. Fra, which was passed in parliament in december 2006 and which became operational in january 2008, recognises the rights of. Maharashtra villagers dont even get forms to file forest claims july 04, 2015. The members of the community of st who primarily reside in and who depend on forests or forest lands for bonafide livelihood needs and includes the st pastoral communities.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is one instrument in that struggle. Forest rights act fra, 2006 was passed to correct the historical injustices of the past, specifically the injustices that were meted out by forest department fd that has continued the colonial authoritarian control over large tracts of forests and denied. How did the indian forest rights act, 2006, emerge. This act is crucial to the rights of millions of tribals and. Forest dwellers recognition of forest rights act, 2006, published in the gazette. Recently supreme court asked states to free tracts of forest land in possession of people whose claims have been rejected under the forest rights act fra, 2006. Im pretty sure that quite a few countries have similar laws which are similarly or colloquially called forest rights act. The scheduled tribes and other traditional forest dwellers recognition of rights act, 2006. Pdf the objective of the recently enacted scheduled tribes and other. The strength of the marginalized is in collective action. It has also been called the forest rights act, the tribal rights act, the tribal bill, and the tribal land act.
By recognizing the rights of communities over forests and natural resources, which they have. Rights act, or the forest rights act fra was enacted in 2006, it was hailed by many as an emancipatory law which upheld the rights and entitlements of the marginalized communities. Mar 23, 2017 the right of title over occupied forest land by an individual or a group under forest rights act 2006 is important for people like byaso devi. Pdf the schedule tribe and other traditional forest dwellers recognition of forest rights act, 2006 fra was passed by the indian government to. Both the upa and the bjp governments have done their damnedest to make it possible to seize forest land for corporate and government projects even where people have rights. The gram sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the forest dwelling scheduled tribes and other traditional forest dwellers within the local limits of its jurisdiction under this act by receiving claims, consolidating and verifying them and preparing a map delineating the. Section 6 in the scheduled tribes and other traditional. As passed by lok sabha on 15 th december 2006 bill no. The reality on ground is that these people are not intruders, they have been living in the forest traditionally. The right of title over occupied forest land by an individual or a group under forest rights act 2006 is important for people like byaso devi. The act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, also called the fra act defines the community forest resource rights. Dwellers recognition of forest rights act, 2006 no. The impact of the forest rights act 2006 on deforestation, tribal welfare, and poverty share this project when the united progressive alliance came to power in the indian general elections of may 2004, it published a common minimum programme in which it promised to end the eviction of tribal and other forestdwelling people from forest lands.
The indian forest act, 1927, indias main forest law, had nothing to do with conservation. Forest right act, land rights, scheduled tribe, scheduled areas, other traditional forest dwellers, customary and traditional forest rights abhijit mohanty implementation of the forest rights act, 2006 fra in india. Mar, 2018 the indian forest act, 1927, indias main forest law, had nothing to do with conservation. Himachals farmers and forest rights act 2006 himachal. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is. On the drafting of the forest rights act, 2006 fractured. Moef clears projects in forests without settling land rights of people july 04, 2015 share red tape binds law. It allows those who live in forested areas, and those who earn their livelihood from forested areas, to claim the legal rights to the forested land that they use. A ray of hope dawned on the lives of the tribals only when the then government at the centre made a radical departure from what was known as an approach of forest bureaucracy and enacted the scheduled tribes and other traditional forest dwellers recognition of. The best it has offered, so far, is what is commonly called the forest rights act fra of 2006. The scheduled tribes and other traditional forest dwellers recognition of forest rights act. Citizens report 20 on community forest rights under forest rights act 4.
An act to recognise and vest the forest rights and occupation in forest land. Forest rights act fra is a game changer but theres. Things changed with the passage of forest rights act fra 2006. Across indias forest areas, people are fighting for democracy, livelihood and dignity. National forest policy 1952nfp 1952, national forest policy 1988nfp 1988, and recently the forest rights act 2006 bhullar 2008 have been implemented in tripura to check and reduce shifting. The forest rights act 2006all about it ias abhiyan ii ias. Under the fra, those who primarily reside and depend on forest land for a livelihood are now able to claim the rights to this land.