In News:

The Central Government has strongly defended the Forest Rights Act (FRA), 2006 before the Supreme Court, asserting that the law plays a transformative role in restoring the dignity, livelihoods, and cultural identity of India’s forest-dependent communities. The Ministry of Tribal Affairs (MoTA), in its affidavit, has rebutted allegations that the FRA or its 2012 Rules conflict with existing wildlife and forest protection laws.

Background

• The Forest Rights Act was enacted in 2006 to correct historical injustices faced by Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs), whose rights over forest lands were never formally recorded.
• The Act’s constitutional validity was challenged in 2008 by the NGO Wildlife First, which sought eviction of people whose claims were rejected under the Act.
• In February 2019, the Supreme Court directed states to evict rejected claimants, triggering widespread protests from tribal groups and civil society.
• The MoTA intervened, pointing to procedural lapses in claim verification, leading the Court to stay the eviction order and call for fresh data and review of rejected claims.

Government’s Stand Before the Supreme Court

• The MoTA has upheld both the legal validity and spirit of the Act, clarifying that FRA is not merely about land ownership but about restoring dignity, livelihoods, and cultural identity.
• The Ministry has rebutted claims that FRA undermines wildlife or forest conservation, arguing that the coexistence model has long been practiced by indigenous groups such as the Baiga and Santhal communities.
• The Centre has emphasized that the absence of a sunset clause in the Act is intentional to ensure equity and prevent arbitrary timelines for claim submissions.
• It also highlighted that the Gram Sabha is the final authority in determining forest rights, as reaffirmed by the 2013 Niyamgiri judgment, which upheld the community and cultural rights of the DongriaKondh tribe in Odisha.

Key Provisions of the FRA, 2006

The Act recognises two broad categories of rights:

• Individual Forest Rights (IFR): Ownership and habitation rights for forest land cultivated or occupied by individuals or families.
• Community Forest Rights (CFR): Rights of communities over forest resources, including grazing, fishing, and collection of Minor Forest Produce (MFP) like bamboo, tendu leaves, honey, lac, and wax.

Empowerment of Gram Sabha:

• To identify, verify, and recommend claims for forest rights.
• To manage and protect community forest resources sustainably.
• To regulate access to and trade of MFP, ensuring benefits reach local communities directly.

Government Initiatives Supporting FRA Implementation

• The Minimum Support Price (MSP) scheme for Minor Forest Produce ensures fair value for tribal collectors.
• The Tribal Cooperative Marketing Development Federation (TRIFED) and Van DhanKendras assist tribal communities in value addition and marketing of forest products.
• These mechanisms prevent the monopolisation of forest produce by contractors and enhance economic self-reliance among tribal communities.

Key Issues and Challenges

• Implementation Delays: Many claims remain pending due to administrative inefficiencies and lack of trained personnel at local levels.
• Conflict with Conservation Laws: Overlaps with the Wildlife Protection Act (1972) and Forest Conservation Act (1980) often lead to confusion and litigation.
• Commercialization Risks: Concerns exist over unsupervised extraction of MFP if monitoring is weak.
• Data and Monitoring Gaps: Lack of digitized and transparent claim records has led to disputes and wrongful rejections.
• Integration with Conservation Goals: Balancing livelihood rights with ecological preservation remains a challenge.

Significance of FRA

• Empowers tribal and forest communities by recognizing their traditional rights and promoting participatory forest governance.
• Strengthens decentralized decision-making through Gram Sabhas.
• Promotes poverty reduction and sustainable livelihoods.
• Reinforces constitutional principles, notably:
  • Article 21 – Right to Life with dignity.
  • Article 46 – Promotion of educational and economic interests of Scheduled Tribes.
• Advances the philosophy of “Conservation through Coexistence”, integrating ecological and social sustainability.