The act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws. This act is crucial to the rights of millions of tribals and. The reality on ground is that these people are not intruders, they have been living in the forest traditionally for generations. Pdf the objective of the recently enacted scheduled tribes and other traditional forest dwellers recognition of forest rights act is to.
In addition to the recognition of individual householdbased rights, the fra also provides for community rights over forests. Stateut appointment of a nodal officer status of formation of various committees translation of the act and the rules into the regional languages and distribution to gram sabha frcs etc. A political economy analysis of fra 2006 and a historical reflection on it and a brief analysis of its manifestation in few forest dweller communities in few villages of bilaspur district, chhattisgarh state. The schedule tribes and other traditional forest dwellers recognition of forest rights act, 2006fra was enacted keeping in view the main objective that tribal. The act aims to undo the historical injustice perpetrated on. Consequent on the enactment of the scheduled tribes and other traditional. Dwellers recognition of forest rights act or simply forest. Dwellers recognition of forest rights act, 2006 no. Finally the law came into force on december 31, 2007. Recognition of forest rights act is to undo the effects of the historical injustice that has been suffered by communities that reside.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is one instrument in that struggle. Securing the forest rights of tribals the hindu businessline. Pdf the political ecology of forest rights act, 2006. Forest rights 3, l for the purposes of this act, the following rights, which secure individual or community tenure or both, shall be the forest rights of forest dwelling scheduled tribes and other traditional forest dwellers on all forest lands, namely. This continued even after independence till much later until enactment of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006.
This report traces the narratives of inclusion and exclusion of dalit forestdwelling communities in the process of formulating and implementing the forest rights act. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 came into force on december 31, 2007. It undermines the foundational position of forests, prepares them to become a playground for profits and minimally serves the interests of the marginalised. Forest rights act, 2006 directorate of tribal welfare. Community forest rights cfr constituted just two per cent approx. Act, rules and guidelines a right to hold and live in the forest land under the individual or common occupation for habitation or for selfcultivation for livelihood by a member or members of a forest dwelling scheduled tribe or other. 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. When the scheduled tribes and other traditional forest dwellers recognition of forest 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. Act, forest rights act or just fra hereafter, enacted by the indian. An act to recognise and vest the forest rights and occupation in forest land in forest dwelling.
Pdf critical appraisal of indian forest right act, 2006 and situation. The scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 fra is a landmark statutory law which aims to grant ownership rights and forest management powers to the marginalized forestdependent communities in india. The indian forest act, 1927, indias main forest law, had nothing to do with conservation. An act to recognise and vest the forest rights and occupation in forest land in forestdwing scheduled tribes and other traditional forest dwellers who. For the love of physics walter lewin may 16, 2011 duration. The political agenda of implementing forest rights act.
However, studies on decentralization reforms suggests that decentralization especially in the developing countries are taking place without establishing conditions which. Interpretation clause chapter ii of reserved forests 3. The lesson begins with the historical evolution of british acts for forest areas and postindependence legislative measures over control over forest areas. Forest dwellers recognition of forest rights act, 2006, published in the gazette. Act, 2006 the forest rights act, 2006 by the parliament was proceeded by a yearlong highpitched campaign by rival lobbies of forest conservation and the tribal rights activists. It aims to recognise and protect the rights of forestdwelling scheduled tribes and other traditional. The scheduled tribes and other traditional forest dwellers recognition of rights act, 2006. Traditional forest dwellers recognition of forest rights. Traditional forest dwellers recognition of forest rights act, 2006. 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.
Section 61 of the act provides that the gram sabha, or village assembly, will initially pass a resolution recommending whose rights to which resources should be recognised i. As passed by lok sabha on 15 th december 2006 bill no. The act recognises and vests forest rights and occupation of forest land with scheduled tribes and other traditional forest dwellers. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of. An act to recognise and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes fdst and other traditional forest dwellers otfd who have been residing in. 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 act is a milestone in the field of recognizing forest rights in india. Beyond implications for people and forests of india, the forest rights act represents an important case study that informs analysis of a global trend toward decentralization of governance of forests as well as rightsbased approaches to development. But sadly, till date, only 3% of this potential area has been realised. Act, forest rights act or just fra hereafter, enacted by the indian parliament in 2006, did not emerge from unproblematic and consensual deliberations. Our study, conducted in sundarban biosphere reserve sbr region of west bengal, reveals that at particular locations where the act. Then it depicts the requirement of forest right act for forest dwellers.
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. 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. Adivasis and other forest dwellers rights over land. These rights include the right to collect and sell minor forest produce and the right to. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is. How did the indian forest rights act, 2006, emerge. Click here for the full text of the forest rights act 2006 millions of people live in and near indias forest lands, but have no legal right to their homes, lands or livelihoods. The traditional rights of the tribals hitherto been not recognised who have been residing in forests for generations. Implementation of forest rights act2006 progress ending.
Recognition of community rights under forest rights act in. Thirteen years after a historic law was formulated to give forest dwellers legal ownership of their traditional land, their fate still hangs in the balance. Critical assessment of implementation of the forest rights. Dwellers recognition of forest rights act, 2006 2 of. Pdf the scheduled tribes and other traditional forest. Ministry of tribal affairs 20, status report on implementation of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 12. It deals with the rights of forestdwelling communities over land and other resources. Status of implementation of the forest rights act, 2006 in the states for the month of december, 2009 sr. Despite severe opposition the scheduled tribes and other traditional forest. Definitions, 2 it extends ta the whole of india except the state of jammu and kashmir. 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.
A few government officials have all power over forests and forest dwellers. Implementation of forest rights act2006 progress ending 30th sept. A critical appraisal of the scheduled tribes and other. Decentralization reforms by theory are expected to produce positive outcomes. Potential for recognition of community forest resource. 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. This act may be called the scheduled tribes and other. Recognition of forest rights act, 2006 hitherto referred as forest rights act fra, a unique emancipatory law with the potential to transform the lives and livelihoods of hundreds of millions of forestdependent people. It was created to serve the british need for timber.
The act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the. The forest rights act, 2006 has the potential to cover over 85. Irjmst vol 5 issue 8 year 2014 issn 2250 1959 0nline 2348 9367 print critical appraisal of indian forest right act, 2006 and situation of tribals in. The scheduled tribes and other traditional forest dwellers recognition of forest rights act was enacted on december 29, 2006, and thereafter amended in 2012. Narratives of dalit inclusion and exclusion in formulating. This act prohibits the capturing, killing, poisoning or trapping of wild animals. The strident opposition led to the formulation of a new scheduled tribes and other traditional forest dwellers act or simply forest rights act fra, which was passed in december 2006 and came into force on january 1, 2008 with the notifi cation of its administrative rules.
The scheduled tribes and other traditional forest dwellers. It sought to override customary rights and forest management systems by declaring forests state property and exploiting their timber. The recognition and vesting of forest rights under this act to the forest dwelling scheduled tribes and to other traditional forest dwellers in relation to any state or union territory in respect of forest land and their habitat shall be subject to the condition that such scheduled tribes or tribal communities or other traditional forest dwellers had occupied forest land before the th day of. Status of implementation of the forest rights act, 2006 in. Across indias forest areas, people are fighting for democracy, livelihood and dignity. The act recognize and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes fdst and other traditional. The forest rights act a weapon of democracy in the forests. Indian parliament in 2006 and coming into force with the publication of the rules on. The objective of the recently enacted scheduled tribes and other traditional forest dwellers recognition of forest rights act is to undo the effects of the historical injustice that has been suffered by communities that reside in and depend upon forests for their bona fide livelihood needs. The act was created to reverse the erosion of their traditional rights by forestry policies, encroachment on their lands by. This study analyses implementation of the forest rights act across india for the period 20082017. The effective implementation of the scheduled tribes and other forest dwellers recognition of forest rights act, 2006, which recognises. Undermining the foundational position of the forest savyasaachi this essay argues that the forest rights act 2006 is designed on the principles of labour teleology. Act, rules and guidelines a right to hold and live in the forest land under the individual or common occupation for habitation or for selfcultivation for livelihood by a member or members of a forest dwelling scheduled tribe or other traditional forest dwellers.