Context: In a first, Centre sanctions over 300 FRA cells to ‘facilitate’ implementation of Forest Right Act across 18 States, UTs.

Source: The Hindu

The Union government has begun funding institutional mechanisms to help execute the Forest Rights Act, which grants forest rights to Scheduled Tribes and people who live near forests, for the first time since it was passed in 2006. For the past 19 years, State and Union Territory governments have been in charge of carrying out the FRA.

The establishment of 324 district-level FRA cells in 18 States and Union Territories to execute the forest rights law has been approved thus far by the Union Ministry of Tribal Affairs under the Dharti AbaJanjatiya Gram Utkarsh Abhiyaan (DAJGUA), a Central Scheme.

For 17 of these States and Union Territories, FRA cells at the state level have been approved. The DAJGUA program, not the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is the primary piece of legislation governing the operation of these cells.

Gram Sabha Forest Rights Committees, Sub-Divisional Level Committees, District Level Committees, and State Monitoring Committees are among the structures that the State government is required by this law to establish in order to process claims pertaining to forest rights.

In Madhya Pradesh, the most district FRA cells have been authorized thus far, with 55 approved. Thirty in Chhattisgarh, twenty-nine in Telangana, twenty-six in Maharashtra, and twenty-four in Jharkhand follow. The states with the fewest FRA pendencies are Chhattisgarh, Madhya Pradesh, Maharashtra, and Jharkhand; however, Assam has more than 60% of pending claims, and Telangana has about 50.27%.

Model Question:

The Forest Rights Act, 2006 aims to correct historical injustices but faces challenges in implementation. Critically analyze the provisions and performance of the Act.

Model Answer:

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), was enacted to address historical injustices meted out to forest-dwelling communities by recognizing their rights over forest lands and resources.

Key Provisions:

1. Individual Forest Rights (IFRs): Recognizes rights to forest land for livelihood (agriculture, residence) by STs and Other Traditional Forest Dwellers (OTFDs).
2. Community Forest Rights (CFRs): Empowers communities to manage and conserve forests, collect and use minor forest produce (MFP).
3. Recognition Process: Rights are to be recognized and vested through a three-tier process involving the Gram Sabha, Sub-Divisional Committee, and District Level Committee.
4. Protection from Eviction: No eviction can be carried out until the process of recognition is complete (Section 4(5)).
5. Development Rights: Right to access basic facilities in forest areas (schools, roads, etc.) without forest clearance.

Achievements:

1. Legal empowerment of forest communities.
2. Enhanced participation of Gram Sabhas in forest governance.
3. Recognition of over 45 lakh hectares under IFRs and CFRs (as per MoTA data).
4. Improved access to minor forest produce, strengthening livelihoods.

Challenges:

1. Low awareness among beneficiaries.
2. Delay and rejection of claims, especially for OTFDs.
3. Encroachment allegations and conflict with conservation policies (e.g., in tiger reserves).
4. Poor implementation in non-scheduled areas.
5. Institutional apathy and lack of coordination among forest and tribal departments.

Way Forward:

1. Strengthen capacity-building of local institutions.
2. Simplify claim verification procedures.
3. Ensure transparency and appeal mechanisms for rejected claims.
4. Integrate FRA with forest conservation and sustainable livelihood programs.

The Forest Rights Act is a transformative legislation with the potential to democratize forest governance. However, its promise can only be realized through robust implementation, political will, and greater accountability at all levels.