Forest Rights Act, 2006 - History, Objectives, Implementation, Provisions, Eligibility And More

The Forest Rights Act 2006 deals with the concerns related to the rights of traditional forest-dwelling communities and tribal populations. These communities have been denied their rights for decades. This is due to the continuance of colonial period forest laws in India. The legislation of the Forest Rights Act 2006 is officially known as ‘The Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006’. This act came into force on 29 December 2006. It is also known by other names, such as the Tribal Rights Act and the Tribal Land Act.

The topics related to Important legislation like the forest rights act are very important for the UPSC exam under the environment and ecology syllabus. This article of forest rights act 2006 UPSC will help you to prepare for the Prelims and the Mains stage of the UPSC IAS Exam.

This article discusses in a detailed way the Recent Updates, Highlights, Background, Latest Amendments, Provisions, Key Features, and Importance of the Forests Rights Act.

Learn more on the Trees Outside Forests in India (TOFI) program for UPSC here!

What is the Forest Rights Act 2006?

The Forest Rights Act of 2006 focuses on the rights of forest-dwelling communities and tribal populations (Scheduled Tribes) that dwell over land and other forest resources, which have been denied to them over the decades because of the continuation of forest laws from colonial times in the country.

It was passed by the parliament in 2006 and accorded legal status to the rights of traditional forest-dwelling communities and attempted to partially correct the injustice that happened due to colonial forest laws.

History And Evolution of the Forest Rights Act

• In 1856, Lord Dalhousie highlighted the need for a clear forest policy in India. This was prompted by the difficulty of finding enough timber for expanding railway lines.
• In 1865, the Indian Forests Act of 1865 expanded British control over forests in India.
• In 1878, the Forest Act of 1878 aimed to establish British dominance over forests. It denied villagers the right to the customary use of forest resources and land. It treated it as a revocable privilege.
• In 1927, the Indian Forest Act was passed. It replaced traditional rights and forest management practices. It declared the forests as state property. It allowed the exploitation of timber for commercial purposes. It categorized forests into reserve forests, protected forests, and village forests.
• These laws persisted even after independence until the enactment of The Scheduled Tribes and Other Traditional Forest Dwellers Act in 2006.

Know more on Deforestation for UPSC here!

Objectives of the Forest Act

The main objectives of the Forest Rights Act are given below:

• To undo the past wrongs and injustices committed against the communities that live in the forests

• To guarantee the land tenure, means of livelihood, and food security of the scheduled tribes and other traditional forest dwellers.

• To make the system of forest conservation stronger by giving holders of forest rights responsibility and power for ecological balance, biodiversity conservation, and sustainable usage.

Check out this linked article on the Forest Conservation Act here.

Implementation of the Forest Rights Act 2006

• Gram Sabha is the authority to start a process to give rights to marginalized and tribal communities. It is done after assessing their needs from forest land.
• Gram Sabha receives claims from the communities. It consolidates and verifies them to help them exercise their rights.
• Gram Sabha then passes a resolution to the sub-divisional level committee (formed by the state governments).
• If one or more communities are not satisfied with the resolution, they can file a petition to the sub-divisional level committee.
• The sub-divisional level committee passes a resolution to the sub-divisional officer to the district level committee for its final decision.
• The district-level committee's decisions are final and binding.
• A state-level monitoring committee is constituted by the state government. This is to monitor the process of recognition of these rights.
• The officers included in the committees include:
  • Officers of the Department of Revenue of the state government
  • Officers of the Department of Forests of the state government
  • Officers of the Department of Tribal Affairs of the state government
• Three members of Panchayati Raj Institutions, including two Scheduled Tribes members and at least one woman.

Check out this linked article on the Forest of Rajasthan here.

Four Types of Forest Rights

It protects the rights of traditional forest inhabitants as well as tribal people that live in the forest. It identifies the following four types of rights:

• Title Rights: It grants ownership rights to Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) over any land used for farming by tribal people or forest residents, up to a maximum of 4 hectares. No new lands will be allocated; ownership only extends to land that the concerned family is actually cultivating.
• Use Rights: The rights of the dwellers include access to grazing lands, pastoralist routes, minor forest products(MFPs), etc.
• Rights to assistance and development: To rehabilitate in case of illegal and unlawful eviction or forced relocation and to basic amenities, subject to restrictions and constraints for forest protection.
• Forest management rights: The right to manage, regenerate, conserve, and safeguard any resource found in a community forest that has historically been protected and conserved for future use is included in this right.

Study the Basics of the Environment here.

About Community forest resource rights(CFRRs)

• CFRRs are the rights of forest-dwelling communities to access, use, and manage forest resources for their livelihood and cultural needs. CFRRs are recognized under the FRA 2006.
• CFRRs include the following rights:
  • The right to hold forest land for habitation or self-cultivation for livelihood needs.
  • The right to access, use, and manage forest resources for livelihood and cultural needs.
  • The right to protect, conserve, and regenerate community forest resources.
  • The right to receive compensation for any damage caused to their forest resources.
• CFRRs give forest-dwelling communities a stake in the sustainable management of forest resources. They promote social justice and equity. 
• The implementation of CFRRs is still in its early stages. However, there are some examples of successful CFRR implementation in India. 
  • For example, in Madhya Pradesh, the FRA has helped to reduce deforestation by 50%. 
  • In Odisha, the FRA has helped to increase the incomes of forest-dwelling communities by 20%.

Check out this linked article on the Forest Survey of India here.

Provisions of the Forest Rights Act

Here are the provisions of the Forest Rights Act of 2006:

Individual Rights

• The right to hold forest land for habitation or self-cultivation for livelihood needs.
• The right to access, use, and manage forest resources for livelihood and cultural needs.
• The right to protect, conserve, and regenerate community forest resources.
• The right to receive compensation for any damage caused to their forest resources.

Community Rights

• The right to protect, conserve, and manage community forest resources.
• The right to control the access to and use of non-timber forest produce.
• The right to have a say in the decision-making process related to forest management.
• The right to be consulted and informed about any development projects that may affect their traditional forests.

Protection from Eviction

The FRA 2006 protects forest-dwelling communities from eviction from their traditional forests.

Gram Sabha

The Gram Sabha, which is the village assembly, plays a central role in the implementation of the Act. It identifies and verifies the claims of forest-dwelling communities to their traditional land and resources. It is also responsible for monitoring the implementation of the Act in the village.

Check out other Important notes on the Environment for UPSC CSE exams.

Forest rights of forest-dwelling scheduled tribes and other traditional forest dwellers

It recognizes and grants the possession of forest land to other traditional forest dwellers (OTFD) and forest-dwelling scheduled tribes (FDST) who have lived for multiple generations. The forest right act recognizes the following rights:

• Right to hold and live
• Community rights
• Right of ownership, access to collect use, and disposal of Minor Forest Produce (MFP)
• Rights for the conversion of leases
• Right of settlement
• Other community rights
• Right to protect, regenerate, conserve, or manage any forest resources
• Right to access biodiversity

Eligibility for Forest Rights

According to Section 2(c) of the FRA Act 2006, to be eligible as a Forest Dwelling Scheduled Tribe (FDST) and claim forest rights under FRA, three conditions must be fulfilled by the applicant. The applicant could be a “member or community.” The three conditions are –

• Applicants should primarily reside in forest or forest land prior to the cut-off date of 13th December 2005.
• Applicant must have the status of a designated Scheduled Tribe (ST) in the area where the right is claimed
• Applicants should depend on the forest or forest’s land for bonafide livelihood needs.

Conditions for eligibility as an Other Traditional Forest Dweller (OTFD) to claim forest rights under FRA, 2006 are –

• Applicants should primarily reside in forest or forest land for at least three generations, i.e.,75 years prior to the cut-off date of 13th December 2005.
• Applicants should depend on the forest or forest’s land for bonafide livelihood needs.

Check out this linked article on the India State of Forest Report 2021 here.

Key Terms Related to the Forests Rights Act

Some of the basic and important key terms are mentioned and defined in the table given below:

Key Terms Related to Forests Rights Act 2006
Term	Definition
Community forest resource	It is the customary common forest land located within the customary or traditional boundaries of the village area. In the case of pastoral communities, it is known as seasonal use of landscape. Examples – Reserved forests, Protected forests, Sanctuaries, and National Parks.
Critical wildlife habitat	These are the areas of National Parks and Sanctuaries where it has been scientifically established that such areas are required to be kept inviolate for the purposes of wildlife conservation. GOI’s Ministry of Environment and Forests determines and notifies the area as a Critical wildlife habitat.
Forest Dwelling Scheduled Tribes (FDST)	These are the members or communities of the Scheduled Tribes (ST) who primarily reside in and depend on the forests or forest lands for basic livelihood needs. FDST also includes the Scheduled Tribe pastoralist communities.
Other traditional forest dwellers (OTFD)	These are the people or communities whose primary residence and source of subsistence have been the forest or forest land for at least three generations prior to December 13th, 2005. Note – Here, generation means a period comprising twenty-five years.
Forest land	It is any land of any kind that is enclosed by a forest. It includes – Unclassified forests Undemarcated forests Existing or Deemed forests Protected forests Reserved forests Sanctuaries National Parks
Forest villages	These are the settlements that have been established inside the forests by the forest department of the State Government for forestry operations. Additionally, it includes all types of taungya communities, fixed-demand holdings, and villages that were transformed into forest villages as a result of the forest reservation process. Such villages include lands for cultivation and other uses permitted by the Government.
Habitat	Habitat is the area that includes the traditional habitat and other habitats of primitive tribal groups, pre-agricultural tribes, and other forest-dwelling Scheduled Tribes in reserved forests and protected forests.;
Minor Forest Produce (MFP)	It comprises all the non-timber forest products of plant origin. Examples – bamboo, brushwood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu leaves, medicinal plants and herbs, roots, tubers, etc.

Check out the strategy to Prepare for Environment and Ecology here!

Importance of Forests Rights Act

The FRA is important for many reasons:

• The FRA recognizes the right of forest-dwelling communities to live in and protect their traditional forests. It also recognizes their right to use forest resources for their livelihood and cultural needs.
• The FRA promotes forest conservation. It gives forest-dwelling communities a stake in the sustainable management of forest resources. When forest-dwelling communities have a secure tenure over their land and resources, they are more likely to conserve them.
• The FRA can help to reduce poverty and inequality among forest-dwelling communities. It improves their access to land and resources. It can also help to create new economic opportunities for these communities.
• Forest-dwelling communities have a deep understanding of their traditional forests and the biodiversity they contain. The FRA can help to protect biodiversity. It empowers forest-dwelling communities to manage their forests sustainably.

Check out this linked article on Farm forestry here.

Challenges of Forest Rights Act, 2006

• Administrative Incompetence: Fair and proper implementation of the act still remains the biggest hurdle as the tribal populations in major areas are not a big deciding vote bank, so governments find it convenient to not bother about it at all in favor of certain monetary gains.
• Lack of Awareness: The majority of the aggrieved people who are beneficiaries of forest rights are also unaware of their rights due to poor literacy levels and also due to poor misinterpretation of FRA by the forest officials.
• Institutional restriction: Gram Sabha, which lacks technical knowledge and is educationally incompetent, prepares rough maps of community and individual claims. Hence, the beneficiary suffers.
• Dilution of Act: Some environmentalist groups express worry that the FRA favors individual rights more than community rights, leaving less room for the latter. Hence, they demand a dilution of the provisions of the FRA Act 2006.
• Reluctant forest bureaucracy: The forest bureaucracy doubts that it will lose the significant influence it already has over land and people, while corporate entities worry that they will lose their easy access to priceless natural resources.
• Commercial plantations: Since 40% of forests are found on degraded ground, the government’s role in allowing commercial plantations there is also disputed.

Know more about the National Forest Policy 1988!

Way Forward

• At the local panchayat level, extensive awareness-raising and information-dissemination programs and camps are needed to inform both tribal and lower-level officials.

• It is also crucial to have a thorough plan for educating and empowering those in charge of carrying out the FRA, such as Panchayats, Gram Sabhas, village-level Forest Rights committees, etc.

• The Central government needs to be more active in persuading the states to uphold the provisions of FRA that have the potential to affect millions of people’s lives.

Know more about Social forestry!

UPSC Previous Year Questions(PYQs) on the Forest Rights Act

Q1 Consider the following statements:

• As per a recent amendment to the Indian Forest Act of 1927, forest dwellers have the right to fell the bamboo grown in forest areas.
• As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, allows ownership of minor forest produce to forest dwellers.

Which of the statement given above is/are correct? [UPSC CSE 2019]

• 1 and 2 only
• 2 and 3 only 
• 1 and 3 only
• 1,2,3

Q2 Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both? [UPSC CSE 2013]

• State forest department
• District Collector/Deputy Commissioner
• Tahsildar/Block Development Officer/Mandal Revenue Officer
• Gram Sabha

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