Context:

The Ministry of Tribal Affairs has intervened in the issue of forced evictions of tribal communities from tiger reserves. On January 10, 2025, the Ministry directed states to provide reports detailing villages in tiger reserves and their compliance with the Forest Rights Act (FRA) and Wildlife Protection Act. This follows complaints from communities in Madhya Pradesh, Maharashtra, and West Bengal alleging unlawful evictions without recognition of their rights.

The Issue

The controversy began in June 2024, when the National Tiger Conservation Authority (NTCA) instructed state forest departments to relocate 591 villages within tiger reserves. Rights groups criticized this as violating the FRA, which protects forest-dwelling communities from unlawful eviction. The Ministry has demanded that states set up mechanisms to ensure compliance with the FRA and address grievances.

About Forest Rights Act, 2006: 

The Forest Rights Act (FRA) of 2006 was introduced with the aim to address the "historic injustice" and decades of denied rights of tribals and forest dwellers, who were subjected to colonial forest laws that restricted their access to forest resources. The FRA acknowledges the significance of these communities in forest management and ensures the recognition of their rights over the land and resources they have traditionally depended on.

Key Provisions of the Forest Rights Act

The FRA recognizes three distinct types of rights for forest-dwelling communities:

1.    Individual Rights:

o    These rights pertain to the occupation and cultivation of land by the tribal and forest-dwelling individuals who have been using the forest land for generations. It includes the right to live in and cultivate on forest land for agricultural purposes.

2.    Community Rights:

o    These include grazing rights, the right to collect fuelwood, fishing rights, and the ownership and disposal of non-timber forest produce (NTFPs). These rights ensure that local communities can continue their traditional livelihoods, which are closely tied to the forest ecosystem.

3.    Community Forest Resource (CFR) Rights:

o    The most empowering aspect of the FRA is the recognition of Community Forest Rights (CFR). This provision gives communities the right to protect, regenerate, conserve, and manage their forest areas. The recognition of CFR rights helps restore control over forest governance to the Gram Sabhas (village assemblies), transferring authority from the Forest Department to local communities, and democratising forest management.

Empowerment through the Act

• The FRA empowers Gram Sabhas by giving them executive and judicial authority to recognize the rights of the tribals and forest-dwelling people. Gram Sabhas are the primary bodies at the grassroots level responsible for identifying, recognizing, and recommending the rights of tribal hamlets.
• The decision-making process follows a tiered structure:
• Gram Sabhas: The first level, where rights of tribal villages are recognized and recommended.
• Sub-Divisional Level Committees (SDLC): The second tier, which reviews the Gram Sabha's recommendations.
• District-Level Committees (DLC): The third tier, which finally approves the recognition of rights.

Significance of the FRA

The Forest Rights Act is a crucial step towards the empowerment of tribal and forest-dwelling communities in India. By granting legal rights to these communities over their ancestral lands and forest resources, the FRA addresses historical grievances and promotes a more inclusive, sustainable approach to forest conservation. It also paves the way for democratic governance of forests, ensuring that local communities play an active role in the stewardship of the natural resources they depend on.