Ministry of Tribal Affairs
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), addresses historical injustices faced by forest-dwelling communities, particularly Scheduled Tribes and other traditional forest dwellers (OTFDs), whose rights over forest land and resources were often not recognized. The Act aims to recognize and vest these rights, ensuring their livelihood security and promoting sustainable forest management. It recognizes individual rights, such as the right to reside and cultivate forest land, and community rights, such as access to minor forest produce and management of community forest resources. This Act falls under the Ministry of Tribal Affairs.
Enactment Date, Number of Chapters, Number of Sections:
The FRA was enacted on December 29, 2006, and came into force on December 31, 2007. It consists of six chapters and 14 sections.
Act Governed By:
The Act’s implementation is primarily driven by the Gram Sabha (village assembly), which plays a crucial role in receiving and verifying claims for forest rights. Various committees at the sub-divisional and district levels are involved in the process, with the District Level Committee making the final decision. A State Level Monitoring Committee oversees the overall implementation. The Ministry of Tribal Affairs acts as the nodal agency at the national level.
On Whom It Is Applicable:
The FRA applies to members of Scheduled Tribes and Other Traditional Forest Dwellers who have resided in and depended on forests for their livelihoods for at least three generations (75 years) prior to December 13, 2005. It also applies to forest villages and other settlements within forest areas.
Penalties/Punishments:
The Act prescribes penalties for offenses committed by members or officers of authorities and committees involved in implementing the Act, such as contravening provisions related to the recognition of forest rights.
Important Pointers:
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Recognizes and vests individual and community forest rights.
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Provides a framework for recording and verifying forest rights claims.
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Empowers the Gram Sabha to initiate the process of recognizing forest rights.
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Establishes a multi-tiered system of authorities and committees for processing and adjudicating claims.
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Allows for the diversion of forest land for specific government facilities under certain conditions.
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Specifies the duties of rights holders in protecting wildlife, forests, and biodiversity.
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Provides for the protection of critical wildlife habitats.
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Makes members of authorities and committees involved in the Act’s implementation public servants.