Syllabus: GS2/ Polity
In News
- The UNDP report “Securing Rights, Enabling Futures – Policy Lessons from FRA and Future Pathways” reviewed nearly 20 years of Forest Rights Act (FRA) implementation.
About Forest Rights Act
- The Forest Rights Act, 2006 (Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act) is landmark legislation recognizing and vesting rights over forest land and resources for forest-dwelling Scheduled Tribes (STs) and other traditional forest dwellers (OTFDs).
- Under this, Tribe and traditional dwellers get rights to manage, access, and use forest land and produce, including intellectual property and traditional knowledge.
- The Gram Sabha (village assembly) initiates, verifies, and decides claims for rights, supported by sub-divisional and district-level committees
- FRA prevents eviction of forest dwellers without rehabilitation and settlement.
Key Findings
- Persistent Gaps: Uptake gaps, under-implementation due to historical conflicts, weak policy execution, and jurisdictional issues.
- Several FRA titles are missing in Chhattisgarh records (record-keeping errors).
- Sunset Clause Proposal: States like Chhattisgarh, Odisha, Maharashtra favour an “end date” for recognition and vesting of rights.
- Gram Sabhas recommended to decide when claims saturation is reached.
- Incorrect Recognition: Some FRA titles were incorrectly recognised due to weak record-keeping, and lack of proper verification.
- Institutional Challenges: Conflicts between Tribal Welfare Departments vs Forest Departments.
- Unclear stage for integration of Gram Sabha Forest Management Plans with official Working Plans.
Key Recommendations
- Strengthening Post-Recognition Governance: Establish inter-departmental committees to resolve conflicts.
- Accurate and centralised record-keeping of FRA holders.
- Gender Equity: Disaggregate FRA data gender-wise.
- Ensure women’s leadership in designing Community Forest Resource (CFR) management plans.
- Link FRA with NRLM, emphasising gender-sensitive livelihood avenues.
- Mainstreaming Forest Rights: Recognise FRA right-holders as a category in all welfare and livelihood schemes.
- Formulate a National Tribal Policy (5-year horizon).
- Use Article 275(1) for financial support to integrate FRA + PESA for stronger tribal self-governance.
- Sustaining Growth: Mission-mode schemes like PM-JANMAN and DAJGUA praised, but long-term programmes needed for durable outcomes.
- Unutilised Provisions: Section 3(1)(k), FRA: Community rights over biodiversity, IP, and traditional knowledge – no claims yet, potential for monetisation.
- Minor Forest Produce (MFP): Clarify ownership, harvesting, transit, and sale norms.
Source: IE
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