Scheduled tribes and other traditional forest dwellers recognition of forest rights act 20061 has come up in response to the necessity of recognition of rights of communities living in and around the forest and dependent on forest resources in one way or the other. Contitionconat dwellers recognition of forest rights act, 2006. Order of the supreme court of india regarding claims under forest rights act 2006, india, 18042018. Forest rights act, 2006 directorate of tribal welfare. Clarification pertaining to recognition of habitat rights under scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 fra. The scheduled tribes and other traditional forest dwellers act, 2006, is a key piece of forest legislation passed in india on 18 december 2006. Implementation of scheduled tribes and other traditional. Sec 2f defines forest villages means the settlements which have been stablished inside the forests by the forest. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 also known as forest rights act 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. Rather the struggle to pass the act, and to keep the key elements intact, was fraught with intense. Gangadhar bhaware national academy of legal studies.
Community forest rights cfr constituted just two per cent approx. Scheduled tribe and other traditional forest dwellers. 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 act provides for the restitution of deprived forest. How did the indian forest rights act, 2006, emerge. Our study, conducted in sundarban biosphere reserve sbr region of west bengal, reveals that at particular locations where the act.
The forest rights act a weapon of democracy in the forests. Scheduled tribes and other traditional forest dwellers on all forest lands, namely. The act was created to reverse the erosion of their traditional rights by forestry policies. This act may be called the scheduled tribes and other.
The law concerns the rights of forest dwelling communities. Such scheduled tribes and other traditional forest dwellers who are not necessarily residing inside the forest but are depending on the forest for their bona fide livelihood needs would be covered under the definition of forest dwelling. Issues related to implementation of scheduled tribes and. It is further pertinent to inform the government of sikkim that subject matter involved in the above eviction notice is pending. Independent peoples tribunal on the status of implementation of forest rights act 2006. The act aims to provide a framework which recognizes and vests forest rights in forest dwelling tribes, and to foster a new forest. Such mandates include the scheduled tribes and other traditional forest dwellers recognition of forest rights act fra 2006, which addresses the rights of scheduled tribes and other traditional forest dwellers otfd to access traditional forestlands, use and sell nontimber forest products, conserve and manage community forest resources. However, in a recent shift in approach, the parliament has enacted the scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 the act to undo the historical injustices suffered by tribal communities. Scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006. Project on fra act 2006 the scheduled tribes and other. Whereas the draft scheduled tribes and other traditional forest dwellers recognition of forest rights rules, 2007 were published, as required by subsection 10 of scheduled tribes and other traditional forest dwellers recognition of forest rights act, 20062. Forest rights scheduled tribes and other traditional. Political economy of the recognition of forest rights act, 2006. 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.
Pdf the scheduled tribes and other traditional forest. Scheduled tribe and other traditional forest dwellers recognition of forest rights act 2006. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, forest rights act or just fra hereafter, enacted by the indian parliament in 2006, did not emerge from unproblematic and consensual deliberations. Nov 09, 2011 this paper presents the analysis of the scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 which is now known as fra forest right act. As passed by lok sabha on 15 th december 2006 bill no. The manual aims to raise awareness about two crucial legislative acts in jharkhand the 1996 panchayat extension to the scheduled areas act pesa and the 2006 scheduled tribes and other traditional forest dwellers recognition of forest rights act fra, which together expand the legal rights of some of indias most marginalized tribal. Produced as part of community forest rightslearning and advocacy process cfrla, india, 2016. 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 december 2006. The scheduled tribes and other traditional forest dwellers act recognition of forest rights act, 2006, or the forest rights act fra, is among indias most important legislation since 2005, along with the right to information act and the right to education act. However, the reluctance of the forest department to shift administrative and resource control to the village committees and. Such scheduled tribes and other traditional forest dwellers who are not necessarily residing inside the forest but are depending on the forest for their bona fide livelihood needs would be covered under the definition of forest dwelling scheduled tribes and other traditional forest dweller as given in sections 2c and 2o of the. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of. The introduction of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 revolutionised the rights of these communities for land rights and formation of joint forest management committees with the support of gram sabha.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 fra for short emerged as a legislative means to centrestage the critical issue of forest. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, has been enacted to recognize and vest the. Pdf the objective of the recently enacted scheduled tribes and other traditional forest dwellers recognition of forest rights act is to. Background for many years tribals encroaching forest lands were considered robbers, intruders and. Passage of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 the forest rights act, 2006 by the parliament was proceeded by a yearlong high pitched campaign by rival lobbies of forest conservation and the tribal rights activists. It has also been called the forest rights act, the tribal rights act, the tribal bill, and the tribal land act. The political agenda of implementing forest rights act 2006. Dwellers recognition of forest rights act 2006 to correct the historical injustices suffered by the tribal communities. Im pretty sure that quite a few countries have similar laws which are. Parliament has enacted the scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 the act to undo the historical injustices suffered by tribal communities.
The title of the act, renamed as the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 and passed by thparliament on 19 dec 2006 and got assent of president of india on 29th dec 2006. Summary of fra 2006 its mandate and provisions the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is an important forest legislation passed in india on 18 december 2006. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of citizens and balance the right. A critical appraisal of the scheduled tribes and other. As per the scheduled tribes and other traditional forest dwellers act, 2006, which section are to be inviolate for the purpose of wildlife conservation. The act notified in the gazette of india on 02 january, 2007. Act, rules and guidelines ministry of tribal affairs. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 popularly known as the forest rights act 2006 is considered breakthrough legislation that recognises the rights of millions of tribal and other forest dwellers in different parts of india.
This act was enacted to recognize and vest forest rights and occupation of forest land for scheduled tribes and other traditional forest dwellers. 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 conservation rights, and occupation in forest. An act to recognise and vest the forest rights and occupation in forest land in forestdwing scheduled tribes and other traditional forest dwellers who. 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. It aims to recognise and protect the rights of forest dwelling scheduled tribes and other traditional. Jan 29, 2016 an act to recognize and vest the forest rights and occupation in forests land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. Supporters of the act claim that it will redress the historica. Forest rights scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 impact on forests. 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. Forest dwellers recognition of forest rights act, 2006.
This paper presents the analysis of the scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 which is now known as fra forest right act. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 2 of 2007 under the notification of the government of india in the ministry of tribal affairs number g. Fra, which was passed in parliament in december 2006 and which became operational in january 2008, recognises the rights of. Wikiproject india protected areas rated startclass, lowimportance. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is one instrument in that struggle. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 or fra is a welcome piece of legislation to recognise the customary rights of forest dependent scheduled tribe and non scheduled tribal communities who have been residing in such forests for generations but whose rights could not be recorded. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 is a landmark social legislation in the history of independent india that has come out in response to democratic movement by forest dwelling communities and prolong efforts of many civil society organisations and development activists. As bill points out, forest rights act is too general, and may have to be moved to a title with a more specific name wrt india. Scheduled tribes and other traditional forest dwellers pib.
An act to recognize and vest the forest rights and occupation in forests land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. Across indias forest areas, people are fighting for democracy, livelihood and dignity. Dwellers recognition of forest rights act, 2006 2 of. Trifed under ministry of tribal affairs has asked the state nodal departments and implementing agencies to initiate procurement of minor forest produces mfps at minimum support price msp from the available funds under msp for mfp scheme.
Traditional forest dwellers recognition of forest rights. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was passed on the 18 th of december, 2006. The scheduled tribes and other traditional 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 scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 no. Diversion of forest land for non forest purposes under the forest conservation act, 1980 ensuring compliance of the scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006. The schedule tribes and other traditional forest dwellers recognition of forest rights act, 2006 no. Part ii deals with the origin and development of fra. For the first time, the government of india via the scheduled tribes and the other forest dwellers recognition of forest rights act 2006, admitted that forest rights on the ancestral lands and their habitat were not adequately recognized in the consolidation of state forests during the colonial periods as well as in independent india. The scheduled tribes sts and other traditional forest dwellers otfds recognition of forest rights act, 2006 is being implemented to recognize and vest the forest rights and occupation in forest land to forest dwelling scheduled tribes.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act was enacted on december 29, 2006, and. The scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006. Training and use of technology for proper implementation of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. Org the scheduled tribes and other traditional forest. The status of implementation of the scheduled tribes and. The scheduled tribes and other traditional forest dwellers recognition of forest rights act was enacted on december 29, 2006, and thereafter amended in 2012. Creating a grass roots institution for common forest. Forest rights scheduled tribes and other traditional forest. An act to recognise and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. Jan 29, 2016 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 december 2006. Scheduled tribes and other traditional forest dwellers.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. Mar 19, 2018 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 forest dependent communities in india. Forest rights act 2006 implementation and challenges. The forest rights act fra of 2006 officially known as the scheduled tribes and other traditional forest dwellers act grants communities their customary rights under the community forest rights cfr provision. Citizens report on promise and performance of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, after 10 years of its enactment. 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. An fdst nuclear family would be entitled to the land currently occupied subject to a maximum of 2. The scheduled tribes recognition of forest rights bill, 2005 seeks to recognise forest rights of forest dwelling scheduled tribes fdsts who have been occupying the land before october 25, 1980. The forest rights act, forest dwellers act, forest tribes act, tribal rights act, tribal land act summary passage of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 the forest rights act, 2006 by the parliament was proceeded by a yearlong highpitched campaign by rival lobbies of forest. This act may be called the scheduled tribes and other traditional forest. Posted on january 10, 2014 insights daily current events, january 10, 2014. Scheduled tribes and other traditional forest dwellers recognition of. The law concerns the rights of forestdwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in india. The scheduled tribes recognition of forest rights bill, 2005 parliamentary research service april 6, 2006 4 with humans, and there is a need to reserve at least some parts of forests to conserve these species.
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