Dwellers recognition of forest rights act, 2006, which is commonly known as forest rights act fra. It aims to recognise and protect the rights of forest dwelling scheduled tribes and other traditional. The act was created to reverse the erosion of their traditional rights by. Community forest rights cfr constituted just two per cent approx. India code link to scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 author. Pdf the objective of the recently enacted scheduled tribes and other traditional forest dwellers recognition of forest rights act is to. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, was enacted to protect the marginalised socioeconomic class of. Recognition of forest rights act, 2006 hitherto referred as forest rights act fra, a unique emancipatory law with the potential to transform the lives and livelihoods of hundreds of millions of forest dependent people.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is. 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. Rights act, 2006, commonly referred to as the forest right act fra. Passage of the scheduled tribes and other traditional forestdwellers 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. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, commonly referred to as the forest right act fra, is considered a pathbreaking legislation that acknowledges the historical injustice meted out to indias forest dwellers, particularly tribals. This act is crucial to the rights of millions of tribals and. Potential for recognition of community forest resource rights.
Pdf tracking the implementation of forest rights act, 2006 and its. Pdf the schedule tribe and other traditional forest dwellers recognition of forest rights act, 2006 fra was passed by the indian. 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. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 no. Independent peoples tribunal on the status of implementation of forest rights act 2006. Provisions of forest rights act 2006 linkedin slideshare. Part ii deals with the origin and development of fra. The forest rights act 2006all about it ias abhiyan ii. The act was created to reverse the erosion of their traditional rights by forestry policies, encroachment on their lands by. Section 32 in the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 2 notwithstanding anything contained in the forest conservation act, 1980 59 of 1980, the central government shall provide for diversion of forest land for the following facilities managed by the government which involve.
It has won for the tribal forest people their long overdue rights over forest land. Pdf the scheduled tribes and other traditional forest. Finally the law came into force on december 31, 2007. Recognition of forest rights act, forest rights act or just fra hereafter, enacted by the indian parliament in 2006 and coming into force with the publication of the rules on december 31 st 2007, represents an institutional intervention seeking to redress the historic. Village forest rights committee the village forest rights committee consists of 1015 members elected at the gram sabha one third of the members should be women the committee has right to ask any department for documents and proofs needed by the people, the committee inspects the actual site makes. In 1990, a joint forest management circular was released by the government of india, which recommended the involvement of village communities, voluntary agencies in the regeneration of the degraded forest lands. Destructive insects and pests act, 1914 pdf mining and mineral development regulation act,1957 pdf. Org the scheduled tribes and other traditional forest. 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. The act came into operation with the notification of rules on 01012008 for carrying out the provisions of the act. The recent supreme court order on forest rights act fra. Mar 19, 2019 order of the supreme court of india regarding claims under forest rights act 2006, india, 18042018. Government to recognise the rights of the indigenous communities.
Clarification pertaining to recognition of habitat rights under scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 fra. The forest rights act, fra 2006 aims to restore the deprived forest rights of the scheduled tribes and other traditional forest dwellers across india, including the individual rights to cultivate land in the forested area, and community rights over the community forest resources in the forest land. An act to provide for the management of forests, to repeal certain laws relating to forests and for related matters. The act makes various provisions for such conservation of forests and in the scheme it provides for a state government to constitute any forest lands or waste lands, which are property of government over which the. The forest rights act a weapon of democracy in the forests. Supreme court orders eviction of more than 1 million forest dwellers, forest rights act explained study iq education. Order of the supreme court of india regarding claims under forest rights act 2006, india, 18042018. Short title and 2 thisact shall come into operation on such date as the. The objective of the recently enacted scheduled tribes and other traditional forest dwellers recognition of forest rights act is to undo the effects of the historical injustice that has been. Supreme court orders eviction of more than 1 million. Section 32 in the scheduled tribes and other traditional. Dwellers recognition of forest rights act, 2006 fra.
Jan 01, 2018 scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. In this act, unless the context otherwise requires, a b c d e f g. Dwellers recognition of forest rights act, 2006 no. 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. It extends to the whole of india except the state of jammu and kashmir. The scheduled tribes and other traditional forest dwellers recognition of.
In 2006, the government enacted an act forest right act to increase the rights of local peoples over natural resources and ecosystem services macura et al. Recognition of community rights under forest rights act in. Jul 31, 2016 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. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is one instrument in that struggle. It deals with the rights of forest dwelling communities over land and other resources. Forest rights act2006 6 chapters and 14 sections 2. In this context, the 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 pro. Introduction enacted on 21st september, 1927 the indian forest act was enacted to preserve and safeguard the forests in india. In addition to the recognition of individual householdbased rights, the fra also provides for community rights over forests. State forest department had objected their habitat rights on grounds that tribals could be attacked by wild animals, especially tigers. Traditional forest dwellers recognition of forest rights. Political economy of the recognition of forest rights act. However this circular had no force of law behind it.
There are over 175 individual claim application and one community claim for community forest rights over community forest resource have been filed before the sub divisional. On the drafting of the forest rights act, 2006 if quoted or referenced, please cite as. The act also establishes the responsibilities and authority for sustainable use. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 fra was enacted to recognize 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. Ministry of justice legislative department new delhi, the 2nd january, 2007pausa 12, 1928 saka the following act of parliament received the assent of the president on the 29 th december, 2006, and is hereby published for general information. On the drafting of the forest rights act, 2006 fractured. A critical appraisal of the scheduled tribes and other.
The scheduled tribes and other traditional forest dwellers. Forest right act 2006 page 2 forest right act2006 three kind of rights the scheduled tribes and other traditional forest dwellers recognition of forest rights act2006 was enacted in 2006 rules under the act were framed in 2008 guidelines on the fra were issued in july, 2012 revised rules under the fra were circulated in sept. Known as fra, this landmark legislation provides the basis for the restitution of individual rights to cultivated areas in forestlands as well as community rights over common resources. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 pdf. 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. National forest policy 1952nfp 1952, national forest policy 1988nfp 1988, and recently the forest rights act 2006 bhullar 2008 have been implemented in tripura to check and reduce shifting. Forest rights act 2006 implementation and challenges. The fra is a law meant for recognizing preexisting forest rights only and, thus, not a land grant or land distribution act. Securing the forest rights of tribals the hindu businessline. It has also been called the forest rights act, the tribal rights act, the tribal bill, and the tribal land act. The forest rights act, 2006, is actually the scheduled tribes and other traditional forest dwellers recognition of forest rights act, a legislation that grants forestdwelling communities individual forest rights ifr, or legal titles to land they have been tilling since before 2005, as well as community rights to ensure their control over. Act, rules and guidelines ministry of tribal affairs. International and national legal framework on biodiversity.
Forest rights scheduled tribes and other traditional forest. 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. 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. On the ground, reports say, the process of implementation is facing several. Training and use of technology for proper implementation of the scheduled tribes and other traditional forest.
The effective implementation of the scheduled tribes and other forest dwellers recognition of forest rights act, 2006, which recognises the individual as well as community rights over forest. J this act may be called the scheduled tribes and other traditional forest oormcnccme1u. Salient features recognition of forest dwelling sts and otfd whose rights could not be recognized during consolidation of state forests those who are residing primarily in forests and have dependence on forests for their bonafide livelihood along with responsibility of conservation of. This act according to its preamble aspires to undo years of injustice to these communities by recognizing and. J it shall come into force on such date wi the central government may, by notification in the official gazette, appoint. Mar 20, 20 recognition of forest rights act 2006 forest rights act, and thereby also the will of the local people as expressed in the gram sabhas local unit of self governance of march 23, 2008, february 7, 2010, and october 18, 2012 all of which denied. The law concerns the rights of forest dwelling communities. I i enacted by the parliament of the united republic of tanzania part i preliminary provisions 1. 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. The fra also says that a village shall get its traditionally held forest. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 20062 of 2007 under the notification of the government of india in the ministry of tribal affairs number g. Implementation of the forest rights act in india world bank.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, also called the fra act defines the community forest resource rights. A national report on community forest rights under forest. Further, people belonging to other traditional forest dwellers otfd category, who form the bulk of the claims, have. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 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. These rights include the right to collect and sell minor forest produce and the right to. The act aims to provide a framework which recognizes and vests forest rights in forestdwelling. Only those people in actual occupation of forestland as on th december 2005 are eligible as per law. The vggts provide useful pointers to monitor progress in achieving security of tenure in the context of implementation of the scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 hereafter fra in india. Forest rights of forest dwelling scheduled tribes and other tradional forest dwellers. According to the study, broad guidelines are needed to implement community forest rights. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006.
Recognition of individual forest rights as well as community forest rights is in progress. The scheduled tribes and other traditional forest dwellers recognition of forest rights act was enacted on december 29, 2006, and thereafter amended in 2012. Across indias forest areas, people are fighting for democracy, livelihood and dignity. Traditional forest dwellers recognition of forest rights act, 2006. The scheduled tribes and other traditional forest dwellers recognition of forest. This act may be called the scheduled tribes and other. Scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 hereinafter referred to as forest rights act or fra was, therefore, promulgated with the objective of granting the tribal population of the country legal rights to forest land that they inhabit. Forest dwellers recognition of forest rights act, 2006.
This act may be called the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. Scheduled tribes and other traditional forest dwellers. The scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006. Grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws. The drafting of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, unpublished paper, available at. It shall come into force on such date as the central government may, by notification in the official gazette, appoint. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006. It aims to recognise and protect the rights of forestdwelling scheduled tribes and other traditional. The act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws. Makes a beginning towards giving communities and the public a voice in forest and wildlife conservation. How did the indian forest rights act, 2006, emerge. Passage of the scheduled tribes and other traditional forestdwellers 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 conservation and the tribal rights activists. Prashant chandra, learned senior advocate appearing for the petitioners submitted that the petitioners rights and interest are protected under the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 hereinafter referred to as the forest rights act, 2006, which is central act.
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