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Forest Rights Act, 2006
« »16-Sep-2024
- It is also known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
- Aim: To recognize and secure the rights of indigenous and traditional forest-dwelling communities over forest land and resources.
- It seeks to rectify historical injustices by granting forest-dwelling communities legal rights to own, manage and use forest lands and resources for their livelihood, while promoting sustainable conservation.
- Eligibility Criteria
- Scheduled Tribes (ST): Tribal communities who have been residing in forests prior to December 13, 2005, are eligible.
- Other Traditional Forest Dwellers (OTFD): Non-tribal forest dwellers who have lived in and depended on forests for at least 75 years before December 13, 2005, can claim rights under the Act.
- Types of Rights
- Land Rights: Ownership rights over land occupied for cultivation or habitation (up to 4 hectares).
- Use Rights: Rights to collect minor forest produce, including medicinal plants, fodder, fuelwood, and grazing animals.
- Management Rights: The right to manage and protect forests, biodiversity, and cultural heritage.
- Relief from Eviction: Protection against eviction from forest lands without recognition of their rights under this Act.
- Implementation: Gram Sabha [Article-243 (b)] is the authority to initiate a process to vest rights on marginal and tribal communities after assessment of the extent of their needs from forest lands.
- It expands the mandate of the 5th & 6th Schedules of the Constitution that protect the claims of indigenous communities over tracts of land or forests they inhabit.
- Forest is a subject mentioned in ‘State List’ of Indian Constitution.