The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, popularly known as the Forest Rights Act (FRA), is a landmark legislation aimed at undoing “historical injustices” faced by forest-dwelling communities.
1. Institutional Framework
- Nodal Ministry: The Ministry of Tribal Affairs (MoTA) (Not the Ministry of Environment/Forests).
Eligible Groups:
1. Forest Dwelling Scheduled Tribes (FDST): Must reside in the area.
2. Other Traditional Forest Dwellers (OTFD): Must have resided in the forest for at least three generations (75 years) prior to December 13, 2005.
- Cut-off Date: Claims are only valid for land occupied or cultivated before December 13, 2005.
2. Four Types of Forest Rights
| Type of Right | Key Features |
| Title Rights | Ownership of land being cultivated (max 4 hectares). No new land is granted; it only recognizes existing occupation. |
| Use Rights | Ownership of Minor Forest Produce (MFP) (bamboo, honey, tendu leaves, etc.), grazing rights, and access to water bodies. |
| Relief & Development | Right to rehabilitation in case of illegal eviction and access to basic amenities (schools, dispensaries). |
| Forest Management | Right to protect, regenerate, and manage any “Community Forest Resource” (CFR) traditionally conserved by the community. |
3. The Three-Tier Implementation Process
The process of recognizing rights follows a “bottom-up” approach:
- Gram Sabha: The primary and most powerful authority. It initiates the process, receives claims, and verifies them through the Forest Rights Committee (FRC).
- Sub-Divisional Level Committee (SDLC): Examines the resolution passed by the Gram Sabha.
- District Level Committee (DLC): The final authority that approves or rejects claims. Its decisions are binding.
4. Powers of the Gram Sabha under FRA
- It is the only body that can initiate the determination of forest rights.
- Consent Power: In Scheduled Areas (V Schedule), the consent of the Gram Sabha is mandatory for the diversion of forest land for non-forest purposes (mining, industry).
- Conservation Role: It is empowered to stop any destructive practices affecting the forest or biodiversity.
5. Key Updates & Judicial Context
- Supreme Court Defense (Oct 2024–2025): The Central Government defended the FRA in the Supreme Court against petitions seeking mass evictions. MoTA highlighted that rejections of claims were often due to “procedural flaws” and over-reliance on satellite imagery.
- FCA Amendment 2023 Conflict: Critics argue the 2023 Forest Conservation Act amendments (narrowing the definition of ‘forest’) might undermine the FRA. However, the SC has reiterated that the Godavarman (1996) definition (broad interpretation) remains the standard for protection.
- Bamboo Status: Remember for Prelims—Bamboo is classified as “Minor Forest Produce” under the FRA, giving dwellers the right to its ownership and sale.
