Ensuring Rights of Forest-Dwelling Communities: Ministry of Tribal Affairs Intervenes

What’s in today’s article?

• Why in the News?
• About Forest Rights Act (FRA), 2006
• News Summary
• Ministry’s Directives to States

Why in the News?

• The Ministry of Tribal Affairs (MoTA) has underscored the importance of protecting forest-dwelling communities from unlawful eviction, as mandated by the Forest Rights Act (FRA).
• In a recent directive to states, the Ministry emphasized the need for institutional mechanisms to ensure compliance with the law and establish a grievance redressal framework.

About Forest Rights Act (FRA), 2006

• The Forest Rights Act, 2006 (officially known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act) is a landmark legislation aimed at recognizing and securing the rights of forest-dwelling communities in India.
• Key Objectives:
  • Recognition of Rights: To recognize the historical rights of forest-dwelling Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) over forests they depend on for their livelihood.
  • Protecting Livelihoods: Ensuring the sustainable use of forest resources by local communities.
  • Empowering Communities: Granting legal rights to forest land and resources to these communities.
• Types of Rights Recognized:
  • Individual Rights: Ownership and access to forest land for cultivation and habitation.
  • Community Rights:
    • Use of minor forest produce (e.g., bamboo, honey, lac).
    • Grazing rights and access to water bodies.
    • Management and conservation of forests by local communities.
  • Community Forest Resource Rights: Rights to protect, regenerate, and manage forests sustainably.
• Key Features:
  • Ownership of Land: Recognizes land up to 4 hectares per family for cultivation.
  • Protection Against Eviction: Prevents eviction of forest dwellers without proper recognition and settlement of rights.
  • Role of Gram Sabha: Empowers the Gram Sabha (village assembly) to determine the rights of individuals and communities.
  • Conservation Focus: Encourages sustainable management of forests while protecting biodiversity.
• Challenges:
  • Delayed Implementation: Slow progress in recognizing rights across states.
  • Proof of Eligibility: Difficulty in providing documentary evidence by forest-dwelling communities.
  • Conflict with Conservation Laws: Balancing rights with wildlife and forest conservation initiatives.
  • Opposition from Industries: Resistance from industries reliant on forest resources.

News Summary

• The Ministry of Tribal Affairs has underscored the importance of protecting forest-dwelling communities from unlawful eviction, as mandated by the Forest Rights Act.
• The Ministry's action comes in response to multiple complaints from villages located within tiger reserves in states such as Madhya Pradesh (MP), Maharashtra, and West Bengal.
• Residents alleged that they were being pressured to vacate their traditional lands without proper recognition of their rights under the FRA and the Wildlife Protection Act.
  • Madhya Pradesh: In December, 52 Gram Sabhas from the Durgavati Tiger Reserve submitted representations, prompting the Ministry to request the state tribal development department to address these issues.
  • Maharashtra: In October, similar complaints were raised by Rantalodhi village residents in the Tadoba Tiger Reserve.
• These grievances have highlighted the need for greater accountability and adherence to legal provisions in relocation efforts.

Ministry’s Directives to States

• To address these concerns, the Ministry has instructed state tribal development and forest departments to submit detailed reports on:
  • Villages in Tiger Reserves: Names and numbers of villages located within tiger reserves.
  • Demographic Information: Tribes and forest-dwelling communities residing in these villages.
  • Forest Rights Claims: Data on claims received, vested, and rejected under the FRA.
  • Consent and Compensation: Processes for obtaining free and informed consent of gram sabhas and the compensation plans for relocation.
• The Ministry reiterated that Section 4(2) of the FRA explicitly safeguards forest-dwelling communities by legally recognizing their rights, prohibiting unlawful eviction, and ensuring that resettlements are voluntary and conducted with informed consent.

Q1.What is Minor Forest Produce?

 Minor Forest Produce (MFP) is a term for non-timber forest products that come from plants. These include: bamboo, brushwood, canes, honey, waxes, lac, tendu/kendu leaves, medicinal plants and herbs, roots, and tubers.

Q2. What is the role of NTCA?

The National Tiger Conservation Authority (NTCA) is a statutory body tasked with the management of Project Tiger and the many Tiger Reserves in India.

Source : IE