The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is a key piece of forest legislation passed in India on 18 December 2006. It has also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act. The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India.
Supporters of the Act claim that it will redress the “historical injustice” committed against forest dwellers, while including provisions for making conservation more effective and more transparent. The demand for the law has seen massive national demonstrations involving hundreds of thousands of people.
Historical Background:
A large number of people especially the scheduled tribes have lived in and around forests for a long period in symbiotic relationship. This relationship has led to formalised or informal customary rules of use and extraction, often governed by ethical beliefs and practices that have ensured that forests are not too degraded. During the colonial time the focus shifted from the forests being used as a resource base for sustenance of local communities to a State resource for commercial interests and development of land for agriculture. Several Acts and policies such as the 3 Indian Forest Acts of 1865, 1894 and 1927 of Central Govt and some state forest Acts curtailed centuries‐old, customary‐use rights of local communities. This continued even after independence till much later until enactment of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Related Acts and Provisions:
- Wildlife protection Act 1972
This act prohibits the capturing, killing, poisoning or trapping of wild animals.
It extends to the whole of India except the State of Jammu and Kashmir
It also regulates and controls trade in parts and products derived from wildlife.
- 1988 National Forest Policy
The policy aims at maintaining of environmental stability. It looks at conserving the natural heritage of the country by preserving the remaining natural forests. Increasing forest/tree cover in the country through massive afforestation and social forestry programmes. Creating a massive people’s movement for achieving these objectives and to minimise pressure on existing forests.
- The Provisions of the Panchayats (Extension to the Schedule Areas) Act 1996 (PESA)
It safeguards and preserves the traditions and customs of the people, and their cultural identity, community resources, customary mode of dispute resolution. PESA empowers Gram Sabha/Panchayat at appropriate level with right to mandatory consultation in land acquisition, resettlement and rehabilitation of displaced persons. PESA seeks to reduce alienation in tribal areas as they will have better control over the utilisation of public resources. It will help minimise exploitation of tribal population as they will be able to control and manage money lending, consumption and sale of liquor and also village markets. PESA looks to promote cultural heritage through preservation of traditions, customs and cultural identity of tribal population.
Features of the Act:
The act recognise and vest the forest rights and occupation in Forest land in forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD)who have been residing in such forests for generations. The act also establishes the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance of FDST and OTFD. It strengthens the conservation regime of the forests while ensuring livelihood and food security of the FDST and OTFD. It seeks to rectify colonial injustice to the FDST and OTFD who are integral to the very survival and sustainability of the forest ecosystem.
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