Mains Daily Question
April 30, 2023

Briefly explain important provisions of the Forest Rights Act, 2006, and how they impact the rights of indigenous communities and the conservation of forests.

 

Model Answer

Approach:

Introduction: Briefly write about the FR Act 2006.

Body: Write important provisions of the act and show how they impact the rights of indigenous communities and the conservation of forests.

Conclusion: Conclude by showing challenges and the way forward

 

Answer:

The Forest Rights Act, 2006 (also known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act) is a landmark legislation in India that seeks to recognise and vest forest rights and occupation in forest land in forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers. The Act aims to rectify historical injustices done to forest-dwelling communities and recognise their role in forest conservation.

 

Important provisions of the Act and their impact: 

  • Rights of forest dwellers: It recognises the rights of forest-dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities are dependent for a variety of needs, including livelihood, habitation, and other socio-cultural needs. 
    • This has helped to improve the livelihoods of forest-dwelling communities by enabling them to access forest resources for traditional livelihood activities. For example, the Kattunayakan tribe in the Silent Valley National Park in Kerala has been granted community forest rights and has been able to access bamboo resources for making baskets and other handicrafts.
  • Rights of self-cultivation and habitat: The Act encompasses rights of self-cultivation and habitat, which are usually regarded as individual rights; community rights such as grazing, fishing, and access to water bodies in forests; habitat rights for PVTGs; traditional seasonal resource access for nomadic and pastoral communities; access to biodiversity; community rights to intellectual property and traditional knowledge; recognition of traditional customary rights; and the right to protect, regenerate, conserve, or manage any community forest resource for sustainable use. 
    • It recognises the traditional rights of forest-dwelling communities, including many indigenous communities, to their ancestral lands and resources. This has helped to secure their rights and livelihoods and enabled them to have a greater say in the management of forests.
    • The Khasi tribe in Meghalaya, which traditionally practised shifting cultivation and depends on the forests for their livelihood, has been granted community forest rights under the FRA.
  • Conservation and management of forests: It also provides rights to the allocation of forest land for developmental purposes to fulfil the basic infrastructural needs of the community. In conjunction with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Settlement Act of 2013, the FRA protects the tribal population from eviction without rehabilitation and settlement.
    • The FRA has also enabled forest-dwelling communities to play a greater role in the conservation and management of forests. For example, the Soliga tribe in the Biligiri Rangaswamy Temple Wildlife Sanctuary in Karnataka has been recognised as a community forest rights holder under the FRA. The tribe has implemented a successful community-based forest management model that has helped to reduce deforestation, increase biodiversity, and improve the livelihoods of community members.
  • Power of Gram Sabha: The Act further enjoins upon the Gram Sabha and rights holders the responsibility of conservation and protection of biodiversity, wildlife, forests, adjoining catchment areas, water sources, and other ecologically sensitive areas, as well as stopping any destructive practises affecting these resources or the cultural and natural heritage of the tribals. 
    • The Gram Sabha is also a highly empowered body under the Act, enabling the tribal population to have a decisive say in the determination of local policies and schemes impacting them.


However, the implementation of the act has been challenging due to the slow pace of recognition of forest rights and the lack of awareness and capacity among forest-dwelling communities to exercise their rights. To address these challenges, efforts are needed to increase awareness and capacity among forest-dwelling communities and to address conflicts between different stakeholders over land use and resource extraction.

Subjects : Environment Current Affairs
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