Forest Rights Act 2006: History, Objectives | Forest Rights Act 2006 UPSC

Forest Rights Act 2006

Forest Rights Act 2006 authorizes forest dwellers to have significant exposure to forest reserves and use forest reserves in the traditional manner to safeguard, conserve, and manage natural resources, to guard forest dwellers against unlawful forced removal, and to provide basic development amenities for the group of forest dwellers to receive education, health, nutrition, infrastructure, and similar facilities.

Forest Rights Act 2006 also requires the Gram Sabha and rights holders to conserve and protect biodiversity, wildlife, forests, neighboring catchments, waterbodies, and other ecologically fragile zones and to halt any dangerous practices affecting these reserves or tribal cultural and natural heritage.

Background of Forest Rights Act 2006

For a long time, many people, particularly scheduled tribes, have resided within and around forested areas in a mutually beneficial relationship. Forest Rights Act 2006 addresses the rights of communities that live in forests (including Scheduled Tribes), which have been denied to them over time due to the country’s continued adherence to forest rules from the colonial era.

Forest Rights Act 2006 was passed in December 2006 and largely addressed the unfairness brought about by colonial-era forest laws, granting traditional forest-dwelling people legal acknowledgment of their rights. Prior laws and practices, such as the Forest Acts of 1865, 1894, and 1927, prohibited the local communities from using the resources.

Forest Rights Act

Forest Rights Act (2006) is a legislation in India that aims to recognize and secure the rights of forest-dwelling communities and tribes. It includes provisions for the recognition of individual and community forest rights, including the right to own, use, and manage forest land and resources. According to the Ministry of Tribal Affairs, Government of India, the FRA Act 2006 includes:

• Individual rights such as self-cultivation and habitat.
• Community rights such as grazing, fishing.
• Access to naturally distributed water bodies in forests.
• Habitat rights for particularly vulnerable tribal groups (PVTGs).
• Traditional and seasonal resource utilization of Nomadic and Pastoral community members, biodiversity access.
• Community right to traditional knowledge and intellectual property, acknowledgment of traditional customary rights.
• Right to defend, regrow, preserve, and manage community forest resources for sustainable usage.

Objectives of Forest Rights Act 2006

The Forest Rights Act 2006 aims to recognize the rights of marginal and tribal people to the forests on which they have historically relied. The main objectives of the Forest Act 2006 are as follows:

• To correct the historical wrongs done to forest dwelling community members.
• To guarantee land tenure, livelihood, and food security for forest dwelling scheduled tribal communities also, including other traditional tribal communities.
• To boost the forest conservation framework by including authority and obligations on forest rights holders for sustainable usage, conservation of nature, and preservation of ecological balance.

Features of Forest Rights Act 2006

Until the enactment of FRA 2006, Forest Management Policies across both colonial and postcolonial India, along with the acts, rules, and forest guidelines of Participatory Forest Management policies, did not acknowledge the scheduled tribes’ symbiotic association with the forest. This association was mirrored in their reliance on the forest along with their old wisdom pertaining to forest conservation. The features of the Forest Rights Act 2006 are as follows:

• The act acknowledges and safeguards the rights over forests and habitation in the forest land, in the case of Forest Dwelling Scheduled Tribes (FDST), including Other Traditional Forest Dwellers (OTFD) who have resided in these forests for decades.
• In addition, FRA 2006 defines the powers and responsibilities of FDST and OTFD for sustainable usage, biodiversity conservation, and preserving balance in the ecological systems.
• It solidifies the forest conservation regime while guaranteeing the FDST and OTFD’s ability to make a living and their food security.
• It aims to right a colonial wrong done to FDSTs and OTFDs, which are critical to the survival and sustainable preservation of the forests.

Rights Under the FRA 2006

Forest Rights Act 2006 grants certain rights to forest-dwelling communities in India. These rights include the recognition of individual and community ownership of forest land, the right to use and collect forest resources for livelihood purposes, and the right to protect and conserve forests. The act aims to empower and protect the rights of forest-dependent communities while promoting sustainable forest management practices. The Forest Rights Act 2006 distinguishes four kinds of rights:

• Title rights: It grants FDSTs and OTFDs ownership rights to the land farmed by tribals or forest communities, up to 4 hectares. Possession is granted only for the land that is currently being farmed by the related family; none of the new lands will be provided.
• Relief and development rights: The rehabilitation process for either illegal eviction or forced migration and basic amenities based on forest protection restrictions.
• Use rights: Rights of inhabitants include the extraction of slight forest produce, areas for grazing, pastoralist routes, and so on.
• Forest management rights: It includes the power to defend, regenerate, safeguard, or manage any of the community forest resources that have traditionally been protected and conserved for long-term use.

Importance of the Forest Rights Act

Under the FRA Act, the Gram Sabha is also a highly empowered entity, allowing the tribal population to have a definitive say in the perseverance of local policies and programs influencing them. The Forest Rights Act 2006 would allow people to look after, lead and supervise their own forests, regulate the mistreatment of resources obtained from forests by the officials, improve forest governance, and better manage tribal privileges and tribal rights. Below we have noted down the importance of the Forest Rights Act 2006:

• For the first time, the rights of the community and the rights over shared or common property resources (CPR) are being acknowledged.
• It assures the livelihood and security of food and nutrition of the forest dwellers, Scheduled Tribes, and Other Forest Dwelling communities, all while strengthening the forest conservation framework.
• Community resources of the forests are supervised and taken care of in a manner that protects the traditional links between marginal communities and these resources. It is well known that these communities have traditionally used forest resources for environmental sustainability.
• This act protects rights over intellectual property and the traditional knowledge systems about cultural diversity and species diversity.
• It expands the mandate of the 5th Schedule and 6th Schedule of the Indian Constitution, which protect indigenous communities’ claims to land or forests.
• The Forest Rights Act of 2006 protects all the rights of communities that were displaced. The FRA Act attempts to include tribes by identifying IFR and CFR.
• FRA 2006 recognizes and safeguards the privileges of marginalized communities in the tribal regions to participate in developmental projects.
• Forest rights might also be attempted to be claimed by any of the members or communities who have lived in forest land for a minimum of three generations (75 years) before 13th December 2005 for legitimate livelihood wants.

Challenges with FRA

Challenges with the Forest Rights Act (FRA) 2006 persist, hindering its effectiveness in safeguarding plant and animal species from extinction and improving the lives of forest-dwelling communities. These challenges include:

• Administrative Ignorance: Lack of understanding and non-compliance with the FRA among forest officials and governments, leading to violations of the law, wrongful disregard of claims, and prioritization of financial gains over tribal rights.
• Inadequate Awareness: Limited knowledge among forest officials and affected communities regarding the rights granted by the FRA, resulting in difficulties in processing claims and a failure to assert entitlements.
• Dilution of FRA: Concerns arise over the FRA’s focus on individual rights rather than broader societal rights, raising apprehensions among environmentalists. Some states hesitate to grant community rights, fearing loss of control over forest resources and revenue.
• Forest Bureaucracy’s Reluctance: Resistance from the forest bureaucracy to relinquish control over land and resources, driven by concerns of losing power and corporations’ fear of restricted access to valuable natural resources.
• Institutional Barriers: Limited technical expertise and educational capacity among Gram Sabha (village council) members in documenting claims under the FRA, resulting in time-consuming and intimidating processes, particularly for illiterate tribal communities.

Criticism of Forest Rights Act 2006

The Forest Rights Act 2006 makes an effort to consider the requirements of people that live in forests, but it fails to accomplish this when more groups and families are being ejected from these lands because the government rejects their claims and rights to these lands.

• Due to their essential authority to decide on the requirements and demands of marginal populations on a parcel of forest land, the sub-divisional level committee’s role is frequently questioned.
• Critics dispute the forest department’s role in allowing forest residents to seed in the forest and reap the rewards.
• However, the tribes and communities cannot establish their claim to the forest land, and the law does not support their position.
• Since that 40% of forests are found on degraded ground, the government’s role in allowing commercial plants it is also contested.

Forest Rights Act 2006 UPSC

Forest Rights Act, 2006 is legislation enacted to protect the rights of forest-dwelling communities and indigenous tribes in India. This act holds immense importance in the UPSC exam and it comes under the section of Indian Polity and Governance of UPSC Syllabus.

Understanding the provisions, implementation, and implications of this act is crucial for aspirants to grasp the social, political, and environmental issue associated with forest rights and tribal welfare in India. Candidates can also refer the UPSC Previous Year Question Papers to understand the types of questions asked about the topic in the exam.

Forest Right Act 2006 UPSC Questions

Question: Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both? (A) State Forest Department, (B) District Collector, (C) Tehsildar, (D) Gram Sabha

Answer: (D) Gram Sabha

Question: According to the Forest Rights Act 2006, which of the following rights are granted to forest-dwelling communities? (A) Ownership rights over forest land, (B) Timber extraction rights for commercial purposes, (C) Hunting rights for sustenance, (D) Exclusive rights to exploit forest resources for industrial purposes

Answer: (A) Ownership rights over forest land

Question for UPSC Mains: Discuss the key objectives and provisions of the Forest Rights Act, 2006. How does it seek to protect the rights of forest-dwelling communities?

Question for UPSC Mains: Critically analyze the implementation of the Forest Rights Act, 2006 in India. Discuss the challenges faced and suggest measures to ensure effective implementation and protection of the rights of forest-dwelling communities.

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