New Delhi: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short, Forests Right Act, 2006) seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling STs and OTFDs who have been residing in forests for generations. The forest rights enumerated in Section 3(1) of Chapter- II of this Act do not make distinction between STs and OTFDs. Hence, the Act itself does not necessitate maintenance of segregated data for STs and OTFDs. As per the information received from States/UTs, upto 28.02.2018, a total of 18,52,490 titles have been recognized and 19,36,083 have been rejected under Forest Right Act.
Right from the time of promulgation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Rights) Act, 2006 and Rules thereunder, Ministry of Tribal Affairs (MoTA) has been providing support to States and UTs for effective implementation of the Act besides guiding them and hand holding and monitoring its implementation. Steps taken by Ministry of Tribal Affairs (MoTA) for effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short FRA, 2006) as follows.
Support provided by MoTA to State Governments
Capacity Building to States / UTs
To increase awareness and efficiency, States requested to undertake extensive training programmes for officials and members of institutions, responsible for the implementation of FRA and to use the Geo- referenced database for processing claims towards vesting of rights and maps;
Issued FAQ to address the questions raised by State Governments regarding FRA, 2006;
Translation of Act, Rules and clarification into local languages and publication of training modules on FRA for training and guidance;
Issuance of guidelines, observations, clarifications and direction under Section 12 of FRA, 2006 on various aspects of FRA, 2006;
A dedicated website < http://www.forestrights.nic.in> has been launched. This site besides containing all documents like Act, Rules and Guidelines etc. also has a self-learning and self-test module.
Financial Support for the implementation of the FRA, 2006
Release of funds, from time to time, under TSP (now TSS) and grants under Article 275 (1) for undertaking FRA related activities such as capacity building, training and support for post recognition of rights. (TSP: Tribal Sub Plan, TSS: Tribal Sub-Scheme)
Follow-up with and directions to State Governments
Mechanisms laid down by Government of India for monitoring the progress of implementation of the Act
States/UTs are submitting Monthly Progress Reports and Quarterly Progress Reports as per amended Rules to the Ministry;
Ministry also reviews the progress by convening meetings of State Secretaries / Commissioners of Tribal Welfare / Development Departments.
Visits by Ministers and senior officers of the Ministry to States for reviewing the progress of implementation of the Act.
Organisation of Regional Workshops in order to explain and discuss the amendments in the Forest Right Rules and the guidelines to the officials of the key State Government Departments.
A series of Review-cum-Consultation meetings with States held in which besides reviewing the progress, various issues in its implementation were also discussed and clarification on a number of points given.
As per FR Amendment Rules, 2012 Government notified, on 6.9.2012, State Level Monitoring Committee is required to meet at least once in three months to monitor the process of recognition, verification and vesting of rights, consider and address the field level problems.
Thrust areas redefined
States have been urged to concentrate on Community Rights claims.
Directions issued to States to suo moto review the rejected claims
Conversion of Forest Villages into Revenue Villages stressed upon and States asked to submit periodic reports to the Ministry.
States have been requested to provide post-recognition of rights support to the title holders.
States have been requested to ensure that Gram Sabhas are convened in all villages as per Forest Rights Act definitions and Forest Rights Committees formed.
Sensitization on new emerging areas
The States sensitized about issues of Critical Wildlife Habitats, CAMPA funds and land banks. (CAMPA: Compensatory Afforestation Fund Management and Planning Authority)
States directed to take necessary steps for reflecting the rights recognized/pattas given under FRA in the records of the revenue department.
Letters written on 27.7.2015 to States with high rates of rejection of claims, following which they have started reviewing and re-examining the rejected claims.
On 21.9.2017, letter sent to States to use space technology for creation of geo-referenced database on vesting of rights/ correction of record of rights, for convening Gram Sabhas meeting, suo-motto review of rejected claims and early disposal of all pending claims.
Overall Impact
Overall rejection rate has declined from 55% to 51% and sustained campaigning has led to increase in number of claims filed from 32,36,539 in October 2012 to 42,10,652 in January 2018.
Under the Forest Rights Act, 2006, the only authority/institution at village level is the Gram Sabha which is to initiate the process for determining the nature and extent of individual or community rights or both that may be given to the forest dwelling STs and OTFDs within the local limits of its jurisdiction under this Act. Further, in terms of Section 2(g) of the Act ‘Gram Sabha’ means a village assembly which shall consist of all adult members of a village with full and unrestricted participation of women. Since the Act itself provides that all adult members of a village with full and unrestricted participation of women shall be members of ‘Gram Sabha’, hence representation of OTFDs in village level institutions for Forest Rights Act is already ensured. This was stated by Minister of State in the Ministry of Tribal Affairs Shri. Sudarshan Bhagat in Rajya Sabha today.
