Ensuring Compliance with the Forest Rights Act (FRA)

Ensuring Compliance with the Forest Rights Act (FRA)

Sub : Polity

Sec: Legislation in news

Why in News

• The Union Ministry of Tribal Affairs has directed state governments to implement mechanisms for ensuring compliance with the Forest Rights Act (FRA), 2006. This move follows growing complaints about violations of the FRA and illegal evictions of forest-dwelling communities, particularly from tiger reserves.

Forest Rights Act (FRA), 2006:

• Enacted to address historical injustices faced by Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs).

Legal Safeguards Under the FRA:

• Rights are heritable but non-transferable.
• Titles are issued for habitation, self-cultivation, and community resources.
• District Level Committee (DLC) provides final approval and ensures rights are recorded (Section 6(6) and Rule 12A).
• Section 4(5) of the FRA prohibits the eviction or removal of forest-dwelling STs or traditional dwellers unless their rights have been recognized and verified.
• The Act mandates free, prior, and informed consent (FPIC) from Gram Sabhas before any relocation or resettlement is undertaken.
• The Ministry has asked state tribal and forest departments to create mechanisms ensuring compliance with FRA and to establish transparent grievance redressal frameworks.
• It has called for detailed information on evictions and relocations from tiger reserves, including population data, village specifics, and compensation details.
• Concerns Over Evictions: Reports indicate that a directive by the National Tiger Conservation Authority (NTCA) to relocate 89,808 families from 848 villages has sparked opposition. Of these, 25,007 families from 257 villages have been relocated, while 64,801 families remain in core areas.
• ‘Enjoyment Rights’ Misconception: Some authorities argue that forest land titles granted under FRA only confer enjoyment rights, not ownership rights. This stance undermines the rights intended by the FRA, which explicitly recognize ownership and heritable rights, although they are not alienable or transferable.
• Under Rule 16 of FRA, state governments must enhance livelihood opportunities on forest lands of titleholders. This involves land productivity improvement and ensuring post-claim support.
• Alignment with Land Laws: The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR) defines FRA titleholders as landowners, ensuring compensation in case of land acquisition.
• Section 4(7) of FRA states that rights are conferred free of all encumbrances, reinforcing the legal ownership of titleholders.
• Community Participation: Involve Gram Sabhas actively in decision-making processes, particularly in relocation and resettlement efforts.
• Periodic Monitoring: Regular audits and reviews to ensure compliance with FRA and other related laws.

About The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (LARR 2013):

• Ensures fair compensation, transparency, and rehabilitation for land acquisition.
• Recognizes forest land title holders under FRA as landowners (Section 3 r(ii)).
• Provides compensation for acquired forest lands by public or private entities.
• Mandates transparency and safeguards the rights of affected individuals, including forest dwellers.