Introduction

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 (also known as the Forest Rights Act or FRA) is a legislation in India that recognizes and vest forest rights and occupation in forest lands to forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in forests for generations but whose rights have not been recognized.

The Act empowers the forest dwellers to access and use the forest resources in the manner that they were traditionally accustomed, to protect, conserve and manage forests, protect forest dwellers from unlawful evictions and also provides for basic development facilities for the community of forest dwellers to access facilities of education, health, nutrition, infrastructure etc.

Objective:

• To undo the historical injustice occurred to the forest dwelling communities
• To ensure land tenure, livelihood and food security of the forest dwelling Scheduled Tribes and other traditional forest dwellers
• To strengthen the conservation regime of the forests by including the responsibilities and authority on Forest Rights holders for sustainable use, conservation of biodiversity and maintenance of ecological balance.

Salient features of the Forest Rights Act, 2006 include:

1. Recognition of Forest Rights: The act recognizes and vests forest rights and occupation in forest lands to forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in forests for generations but whose rights have not been recognized.
2. Definition of Forest-Dwelling Scheduled Tribes and Other Traditional Forest Dwellers: The act defines forest-dwelling Scheduled Tribes and other traditional forest dwellers as those who reside in and depend on forests for their livelihoods, and who have been residing in forests for generations.
3. Types of Forest Rights Recognized: The act recognizes various types of forest rights, including individual rights, community rights, and habitat rights. These rights include the right to hold and live in the forests, the right to access and use forest produce, the right to protect and manage the forests, and the right to participate in the management of forests.
4. Process for Recognition of Forest Rights: The act provides a process for the recognition of forest rights, which involves the filing of claims by individuals and communities, and the verification of these claims by Gram Sabhas and Sub-Divisional Level Committees. The act also provides for appeal mechanisms in case of disputes.
5. Role of Gram Sabhas: The act assigns a key role to Gram Sabhas, which are the village-level governing bodies, in the recognition and vesting of forest rights. Gram Sabhas are responsible for verifying claims, making recommendations, and conducting public hearings to ensure that the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers are protected.
6. Role of Forest Departments: The act provides for the involvement of the forest departments in the recognition and vesting of forest rights, and requires them to provide support and assistance to the Gram Sabhas and other committees in the implementation of the act.
7. Safeguards: The act provides various safeguards to protect the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers, and to prevent the eviction of these communities from their lands. These safeguards include provisions for the protection of rights, the prevention of diversion of forest lands for non-forest purposes, and the protection of wildlife and forest habitats.
8. Monitoring and Implementation: The act provides for the monitoring and implementation of the provisions of the act through the establishment of a National Monitoring Committee, State Monitoring Committees, and District Monitoring Committees. These committees are responsible for monitoring the implementation of the act, and for addressing any issues and grievances that may arise in the implementation of the act.

M.C. Mehta vs. Union of India

In this case, the Supreme Court of India recognized the importance of the Forest Rights Act 2006 and held that the act provides a comprehensive framework for the recognition and vesting of forest rights to forest-dwelling scheduled tribes and other traditional forest dwellers. The court held that the act must be implemented in a timely manner, and that the rights of forest-dwelling communities must be protected and preserved.

Ramachandra Tiwary vs. Union of India

In this case, the Supreme Court of India held that the Forest Rights Act 2006 provides for the recognition and vesting of forest rights to forest-dwelling scheduled tribes and other traditional forest dwellers, and that these rights cannot be taken away without following due process as prescribed by the act. The court held that the provisions of the act must be implemented in a transparent and fair manner, and that the rights of forest-dwelling communities must be protected and preserved.

Conclusion

In conclusion, the Forest Rights Act 2006 is an important piece of legislation in India that recognizes and vests forest rights and occupation in forest lands to forest-dwelling Scheduled Tribes and other traditional forest dwellers. The act provides a process for the recognition of forest rights, assigns a key role to Gram Sabhas, and provides various safeguards to protect the rights of forest-dwelling communities. The act has the potential to address long-standing grievances and to promote the rights and livelihoods of forest-dwelling Scheduled Tribes and other traditional forest dwellers in India.