What is the Forest Rights Act ?
THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006
THE SCHEDULED TRIBES AND OTHER 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 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. This Act is crucial to the rights of millions of tribals and other forest dwellers in different parts of our country as it provides for the restitution of deprived forest rights across India, including both individual rights to cultivated land in forestland and community rights over common property resources. The notification of Rules for the implementation of the Forest Rights Act, 2006 on 1st Jan 2008, has finally paved the way to undo the ‘historic injustice’ done to the tribals and other forest dwellers.
The livelihood of perhaps 100 million poorest of the poor (The Indian Forest Rights Act 2006: Commoning Enclosures) stands to improve if implementation can succeed. The Act is significant as it provides scope and historic opportunity of integrating conservation and livelihood rights of the people.
This Act is a potential tool
 | To empower and strengthen the local self governance |
| To address the livelihood security of the people, leading to poverty alleviation and pro poor growth |
| To address the issues of Conservation and management of the Natural Resources and conservation governance of India. |
SIGNIFICANCE OF THE ACT
| For the first time Forest Rights Act recognises and secures |
| Community Rights or rights over common property resources of the communities in addition to their individual rights |
| Rights in and over disputed land Rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests into revenue villages |
| Right to protect, regenerate or conserve or manage any community forest resource which the communities have been traditionally protecting and conserving for sustainable use. |
| Right to intellectual property and traditional knowledge related to biodiversity and cultural diversity |
| Rights of displaced communities |
| Rights over developmental activities Why is these rights necessary ?
What are called "forests” in Indian law often have nothing to do with actual forests. Under the Indian Forest Act, areas were often declared to be "government forests" without recording who lived in these areas, what land they were using, what uses they made of the forest and so on.82% of Madhya forest blocks and 40% of Orissa's reserved forests were never surveyed; similarly 60% of India's national parks have till today (sometimes after 25 years, as in Sariska) not completed their process of enquiry and settlement of rights. As the Tiger Task Force of the Government of India put it, "in the name of conservation, what has been carried out is a completely illegal and unconstitutional land acquisition programme."
Because of this situation, millions of people are subject to harassment, evictions, etc, on the pretext of being encroachers in their own homes. Torture, bonded labour, extortion of money and sexual assault are all extremely common. In the latest national eviction drive from 2002 onwards, more than 3,00,000 families were driven into destitution and starvation. In Madhya Pradesh alone, more than 125 villages have been burned to the ground.
The situation is so bad that the then Commissioner for Scheduled Castes and Scheduled Tribes, in his 29th Report, said that "The criminalisation of the entire communities in the tribal areas is the darkest blot on the liberal tradition of our country."
WHAT in short will the Act provide ?
The Act basically does two things:
NODAL AGENCY FOR THIS IS THE MINISTRY OF TRIBAL AFFAIRS....!
****************************************************************************************************************************
A CROSS VIEW to THIS ACT
 |
