Forest Rights Act

Syllabus: General Studies Paper 2

Odisha is the first State in the country to make budgetary provision for implementation of the Central Act – ₹8 crore for 168 FRA cells in 2021-22. 

• Till last year, forest rights committees were functioning in Tribal Sub Plan areas. 
• Now, they have been extended to the entire State. 
• The State is not only ensuring tenurial security and entitlement over land but also addressing livelihood and food security under the Act.
• State about to launching Mission 2024 for FRA by granting all kinds of forest rights whether it is for the individual, community or habitat,”
• Odisha’s ST and SC Development Department is about to launch Mission 2024 for FRA by granting all kinds of forest rights whether it is for the individual, community or habitat.
• The mission, currently under Finance Department and Planning and Convergence Department scrutiny, aims at granting the tribal people their rightful ownership.

About Forest Rights Act 2006

• The symbiotic relationship between forests and forest-dwelling communities found recognition in the National Forest Policy, 1988.
• The policy called for the need to associate tribal people in the protection, regeneration and development of forests.
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was enacted to protect the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.

Provisions of the 2006 Act

• The Act recognizes that tribal and other traditional forest-dwelling communities would be hard put to provide documentary evidence for their claims.
• Rule 13 of the Act, therefore, stipulates that the gram sabhas should consider more than one evidence in determining forest rights.
• The rule sanctions a wide range of evidence, including “statements by village elders”, “community rights” and “physical attributes such as houses, huts and permanent improvements made to land such as levelling, bunds and check dams”.

The act identify four types of rights:

• Title rights: It gives FDST and OTFD the right to ownership to land 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 and no new lands will be granted.

• Use rights: The rights of the dwellers extend to extracting Minor Forest Produce, 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: It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.