About
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), 2006, recognises and vests certain forest rights in eligible forest-dwelling communities.
Objective
- To address the historical injustice faced by forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers.
Who are the Beneficiaries?
A. Forest-Dwelling Scheduled Tribes (FDSTs): Members of Scheduled Tribes who primarily reside in and depend on forests or forest land for their livelihood.
B. Other Traditional Forest Dwellers (OTFDs)
Persons who:
- Have resided in forest land for at least three generations (75 years) prior to 13 December 2005.
- Primarily depend on forests or forest land for bona fide livelihood needs.
Major Rights Recognised Under FRA
1. Individual Forest Rights (IFR): Rights to hold and live in forest land under individual or common occupation for habitation or self-cultivation.
2. Community Forest Rights (CFR): Rights over:
- Grazing areas
- Water bodies
- Traditional seasonal resource access
- Community forest resources
3. Rights over Minor Forest Produce (MFP): Includes rights to:Own, Collect, Use, Access&Dispose of
- Minor forest produce traditionally collected by forest dwellers.
- Examples include bamboo, tendu leaves, honey and medicinal plants.
4. Community Forest Resource Management: Communities can protect, regenerate, conserve and manage community forest resources for sustainable use.
5. Habitat Rights: Special rights of Primitive Tribal Groups, now referred to as Particularly Vulnerable Tribal Groups (PVTGs), and pre-agricultural communities.
Recognition of Rights: Important Institutions
The FRA follows a bottom-up process.
| Institution | Role |
| Gram Sabha | Initiates the process of determining and verifying claims |
| Sub-Divisional Level Committee (SDLC) | Examines and reviews claims |
| District Level Committee (DLC) | Final authority for approval of forest rights |
Important Constitutional & Legal Linkages
The FRA is closely associated with:
- Article 46: Promotion of educational and economic interests of Scheduled Tribes and weaker sections.
- Fifth Schedule: Administration of Scheduled Areas and Scheduled Tribes.
- PESA Act, 1996: Strengthens self-governance of Gram Sabhas in Scheduled Areas.
Conclusion
- The Forest Rights Act, 2006 seeks to correct historical injustice by recognising the individual, community and resource rights of eligible forest-dwelling communities while strengthening the role of Gram Sabha in forest governance.
| This concept has been elaborately discussed in the following article — Forest Rights Act & Gram Sabha Consent |