EDITORIALS & ARTICLES
The issues which surfaced while implementing the forest rights act, 2006 are far more than the rights entitled to the scheduled tribes and other forest dwellers. Comment
The issues which surfaced while implementing the forest rights act, 2006 are far more than the rights entitled to the scheduled tribes and other forest dwellers. Comment
The forest rights law, 2006 concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India.
- Title rights - i.e. ownership - to land that is being farmed by tribals or forest dwellers as on 13 December 2005, subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family as on that date, 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
Issues pertaining to rejection of claims under Forest Rights Act
- Being poor and illiterate, the tribes don't know the procedure for claiming their rights.
- Rejection of claims due to lack of evidence or incomplete evidence.
- The Grama Sabha is formed at panchayat level which makes it difficult to recognize community rights.
- People’s participation in the process of recognition of rights is not followed for which claims are often wrongly rejected or modified.
- Even if claims are accepted, rights certificates are not recorded
- Right to protect and manage community forest resources has hardly been implemented; the right is not even mentioned in many states.
- Rights over MFP are not recognised in most areas. The right is not even mentioned in the claim form in many states.
- Administrative callousness at the district level.
Conclusion:
- The effective implementation of the forest rights act will prove to be a win-win situation for both tribal development and community based forest protection.
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