Forest Rights Act 2006: Objectives, Need and Key Provisions

Context: The Andaman and Nicobar Islands administration is accused of giving a false report to the Centre that tribal forest rights under the Forest Rights Act (FRA), 2006 were settled for the ₹72,000-crore Great Nicobar project, though tribal representatives say their rights remain unresolved.

About Forest Rights Act 2006 (FRA, 2006)

• Forest Rights Act 2006, officially called the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• Aims to correct the historical injustice faced by forest-dwelling communities.
• Recognises the rights of tribals and traditional forest dwellers over land and forest resources they depend upon.
• Ensures livelihood security while promoting sustainable forest management.

Need for FRA, 2006

• Tribals share a close cultural and livelihood relationship with forests.
• Colonial rule and post-Independence policies alienated tribals from forests.
• Non-recognition of ancestral rights led to displacement due to developmental projects.
• FRA enacted to:
  • Re-recognise the forest rights of tribals.
  • Protect their symbiotic relationship with forests.
  • Balance livelihood security with conservation.

Objectives of FRA, 2006

• Empower local self-governance
• Secure livelihoods of forest-dependent communities → reduce poverty.
• Strengthen conservation and sustainable use of forests.
• Promote inclusive natural resource governance.

Key Provisions of FRA, 2006

• Recognises rights to live on and cultivate forest land for livelihood.
• Provides rights over forest resources, such as:
  • Ownership and use of minor forest produce (MFP).
  • Community rights (e.g., Nistar).
  • Habitat rights for primitive and pre-agricultural communities.
  • Rights to protect, regenerate, conserve, and manage community forest resources.
• Allows diversion of forest land for essential public utilities (schools, dispensaries, electricity, water, telecom etc.) with Gram Sabha approval.
• Forest rights adjudication through Gram Sabha → Sub-Divisional Committee → District Level Committee.

Rights Given to Forest Dwellers under FRA

Land Rights

• Ownership of cultivated forest land (up to 4 hectares).
• Valid for cultivation done before Dec 13, 2005.
• Documentary proof is not mandatory.

Use Rights

• Collect and use minor forest produce (herbs, tendu leaves, medicinal plants, etc. – excluding timber).
• Access to grazing grounds and water bodies.
• Rights over traditional use areas of pastoralist/nomadic communities.

Community Rights

• Right to manage and protect forests, wildlife, and biodiversity.

Protection from Displacement

• No arbitrary eviction from national parks or protected areas without due process.

Challenges & Issues in Implementation

• Lack of Awareness: Tribals are often unaware of their rights → vulnerable to exploitation.
• Conflicts with Other Laws: Overlaps with the PESA Act, 1996 and the Joint Forest Management practices.
• Weak Institutional Capacity: MoTA (nodal ministry) lacks sufficiently skilled staff for FRA implementation.
• Wrongful Rejections: Many claims were rejected due to poor verification processes.
• Inactive Vigilance Committees: State-level monitoring is often ineffective.
• Bias towards Individual Rights: Most titles issued are individual, with only ~4% community-based.
• Legal Complexity: Govt. introduces new rules/laws instead of fixing FRA’s implementation issues → creates overlapping legal frameworks.

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