Government Defends Forest Rights Act in Supreme Court

Syllabus: GS2/ Governance, GS3/ Environment

Context

• The Central Government has defended the Forest Rights Act (FRA), 2006, before the Supreme Court, emphasizing that the legislation is restoring the dignity, livelihoods, and cultural identity of India’s forest-dependent communities.

Background

• The FRA, was challenged in the Supreme Court in 2008 by Wildlife First, an NGO which called for the eviction of people whose FRA claims had been rejected.  
• In February 2019, the court directed states to evict all claimants whose FRA claims had been rejected.
  • This triggered widespread protests by tribal organizations and civil society groups across India.
• The Ministry of Tribal Affairs (MoTA) subsequently intervened, highlighting serious procedural lapses in the verification and approval of claims. 
• The court stayed the eviction order and called for detailed data on the rejection of claims.

About the Forest Rights Act, 2006

• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, popularly known as the Forest Rights Act (FRA), was enacted to correct historical injustices faced by forest-dwelling communities.
• It recognizes and vests individual and community forest rights (CFRs) in Scheduled Tribes (STs) and other traditional forest dwellers (OTFDs) who have lived in forests for generations but whose rights were never formally recorded.
• The Act also empowers Gram Sabhas to:
  • Identify and verify claims over forest land and resources.
  • Manage and protect forest resources sustainably.
  • Regulate access to Minor Forest Produce (MFP) such as bamboo, tendu leaves, lac, honey, and wax.

Significance of the FRA

• Empowers forest communities by recognizing traditional ownership and access rights.
• Promotes participatory forest management, reducing alienation of local people.
• Supports poverty alleviation through sustainable use of forest resources.
• Strengthens decentralized forest governance via Gram Sabhas.
• Aligns with the constitutional values such as, Article 21 (Right to Life) and Article 46 (promotion of educational and economic interests of Scheduled Tribes).

Key Issues with the Forest Rights Act, 2006

• Implementation Delays: Many claims are pending for years due to bureaucratic inefficiency.
  • Lack of trained personnel at the Gram Sabha, sub-divisional, and district levels slows verification.
• Conflict with Forest and Wildlife Laws: Overlaps with Wildlife Protection Act, 1972 and Forest Conservation Act, 1980 can create confusion.
• Risk of Exploitation: Potential for commercialization of Minor Forest Produce (MFP) if monitoring is weak.
• Limited Integration with Conservation Goals: FRA implementation sometimes clashes with strict conservation policies, creating tension between livelihood and ecological objectives.
• Data and Monitoring Issues: Lack of digitized, accessible records leads to disputes and wrongful rejections.
  • Difficult to track claims and ensure transparency and accountability.

Way Ahead

• Strengthen implementation through better coordination between MoTA and MoEFCC.
• Build capacity of Gram Sabhas and Forest Rights Committees for claim verification and sustainable management.
• Digitize records to prevent delays and ensure transparency in claim settlement.
• Encourage integration of FRA with national conservation strategies to reinforce the “Conservation through Coexistence” model.

Source: IE