FOREST RIGHTS ACT

Subject : Polity

Context : Over 1,200 tribals Mysuru district stare at an uncertain future as their review petition for recognition of their claims over forest land under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, has been rejected by the local authorities.

Concept :

• The act was passed in December 2006. It deals with the rights of forest-dwelling communities over land and other resources. The Act grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws.

Rights under the Act:

• Title rights – Ownership to land that is being farmed by tribals or forest dwellers subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family, meaning that no new lands are granted.
• Use rights – to minor forest produce (also including ownership), to grazing areas, to pastoralist routes, etc.
• Relief and development rights – to rehabilitation in case of illegal eviction or forced displacement; and to basic amenities, subject to restrictions for forest protection.
• Forest management rights – to protect forests and wildlife.

Eligibility:

• Eligibility to get rights under the Act is confined to those who “primarily reside in forests” and who depend on forests and forest land for a livelihood. Further, either the claimant must be a member of the Scheduled Tribes scheduled in that area or must have been residing in the forest for 75 years.

Process of recognition of rights:

• The Act provides that the gram sabha, or village assembly, will initially pass a resolution recommending whose rights to which resources should be recognised.
• This resolution is then screened and approved at the level of the sub-division (or taluka) and subsequently at the district level.
• The screening committees consist of three government officials (Forest, Revenue and Tribal Welfare departments) and three elected members of the local body at that level. These committees also hear appeals.