This Article is written by Nawvi K, Pursuing B.A.LL.B from Alliance University, Bangalore during her internship at Le Droit India
Keywords
Forest, Dwellers, Act, Rights, Officials, Land, Community, Scheduled Tribes
Abstract
This Article deals with the rights of forest dwellers in India. The predominant focus has been directed towards the passing of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, of 2006 in the parliament till its implementation and challenges faced thereafter. The misinterpretation by the forest bureaucracy was one of the main reasons why this couldn’t trace its effectiveness. The main objective targeted by the parliament while drafting this legislation includes nourishing the conservative regime of the forest resources, ensuring the safety rights such as ownership, and redressing the historic injustice faced by them during the colonial period.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, of 2006 (Hereinafter shall be referred to as the Act) was considered the need of an hour, the great institutional settlement was passed by the parliament to ensure the protection of rights and safety of the forest dwellers. The need for the legislation was considered
- To redress the historic injustice which was explicitly mentioned in the affidavit that was submitted by the Ministry of Environment and Forests to the Hon’ble Supreme Court of India. By injustice, the Ministry meant the oppression and exploitation of forest dwellers for years.[1]
- To nourish the conservative regime, the sustainable use, and conservation of biodiversity of the forest land which will in return ensure the equilibrium balance of the ecology.
- To establish the livelihood, food safety, and land tenure of the dwellers.[2]
The very Act defines Forest-dwelling Scheduled Tribes as the sole beneficiaries who reside in the forest and depend on the resources of the forest to make likelihood for them. Besides this, the term Other Traditional Forest Dwellers means and refers to a person who has at least three of his generations before him who must have resided in the forest.
During the colonial era, the executives didn’t analyze the need to recognize the rights and implement them, as a result of it many traditional forest groups were forcefully evicted. A few Acts that were passed later on like the Wildlife Protection Act of 1972, and the Forest Conservation Act, of 1980 were not certainly effective to curb these practices, which led to the obvious need to introduce a new Act that will predominantly focus on protecting the Rights of the forest dwellers.
Due to extensive pressure and outburst, a committee headed by Dr. Dileep Singh Bhuria, who is, in turn, a tribal Member of the Parliament was appointed to report on the legal status of the Gram Sabha in terms of tribal administration and to make recommendations on interpreting the special features that will broaden the scope of the provisions underlying in Part IXA of the Indian Constitution.
Other than the aforesaid objectives of the parliament in passing the Act, the Act aimed to acknowledge the traditional groups and their customary rights that have been previously denied owing to the punitive restrictions, develop the rural infrastructures, enhance and strengthen the governance among the tribes, and to preserve the culture and intellect of the communities.
Despite powerful opposition to the Act, it was still passed successfully as legislation. Passing this Act it enables every layman and a forest dweller to understand the common occupation prevalent for their livelihood, rights of owning land or property, means of self-cultivation, community rights, usage and disposal of their resources, how to reduce, reuse, and recycle, as well as the ways to protect their tribes and community legally.
Especially, this Act drew a lot of attention from politicians to researchers on a scale, a nationwide shock that was quite successful in lifting the lives of the forest dwellers using providing schools, electricity, water tanks, dispensaries, telecommunications, etc. Special funds were planned and allocated for the same, to rightly ensure the right of settlement, protection, ownership, habitation, and many more. In addition, the government has planned to adjudicate the Gram Sabha and District Level Committee on forest and revenue village matters.
Several wildlife groups have contested that this Act further encroaches on the battered forest areas, and further challenged the constitutional validity of the Act in 2008. Following this, the Supreme Court directed twenty-one of the states in India to evict the illicit forest dwellers who claim to have ownership rights over the forest lands despite being declined by the concerned authorities in 2019. This eviction order passed by the apex court could have displaced at least 11.8 households residing in forests. This was stopped for a while by the Ministry seeking to modify the orders.
The predominant focus was directed toward the following rights:
- Rights to use forest resources: Section 3 of the Act stated that the residents of the forest can use the same to graze cattle and utilize the water bodies. The use of the term ‘traditionally’ in the section includes the natural resources that may include herbal medicines. However, timber was exceptionally left out as it could lead to mass disruption of the forest and lead to soil erosion. It also provides for the tribes or communities who do not practice agriculture to act as a nomad and move towards various spots inside the forest land.
- Rights over forest lands: Section 3(1)(a) and Section 4(6) of the same act mentions that a minimum land of four hectares can be sought and such land can be harvested for livelihood. A claimant may recover the land that was illegally seized by the Forest Department or revenue officers by providing a patta or a government-given lease. Section 4(4) provides to protect the land from being sold to any party other than legal heirs.
- Right to protect and conserve the forest: Section 5 of the Act accords various privileges to forest dwellers and society which will enable them to protect their wildlife, environment, and other resources. Section 3(1)(i) of the Act provides the community with the right and power to protect and conserve the resources of the forest. As a result of the Forest Rights Act, the tribes were provided with the right to protect and preserve the forest. The official duty of the forest department is to protect dwellers from potential risks and threats of commercial groups.
- Right to relief and development: in the case of any historic injustice or otherwise, the forest dwellers are obliged to receive the right compensation for their losses and assurance that their right will never be violated again. It is also significant to note that rehabilitation is provided for forced displacement victims along with appropriate amenities provided for their survival.
Now lets us look at some of the challenges in implementing these rights for forest dwellers, the prime aspect of lack of awareness is the biggest drawback in claiming their rights. The Forest Rights Act was majorly misinterpreted by the officials and the forest bureaucracy which lead to a major discrepancy in executing the Act.
As a result of improper understanding, the administrative authorities couldn’t entirely curb illegal encroachment and it could be unfairly rejected by such officials. Considering all these factors and rights it is important to effectively elucidate the rights of the officials and dwellers and constant monitoring is essential to ameliorate the livelihoods of the forest residents.
[1] Indranil Bose, How did the Indian Forest Rights Act, 2006, emerge?, Research Programme Consortium for Improving Institutions for Pro-Poor Growth, 2010
