The Scheduled Tribes and other traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 received the assent of the President of India on 29th December 2006.

The Act was enacted to recognize the forest rights of forest dwelling scheduled tribes and other traditional forest dwellers on their ancestral land and habitat which were not adequately recognized at the time of consolidation of State Forests during colonial period as well as in independent India although they were integral to the very survival and sustainability of forest eco-systems.

The final version of the Act has incorporated many changes as suggested during the process of public comments on the draft Act. The Joint Parliamentary Committee constituted to review the draft Act made many recommendations, which find place in the final version. The Act has already been promulgated.

Some of the provisions had sparked intense concern. But of late the focus of civil society debate has been to consider the Act positively. There is a sincere attempt to move ahead and identify strategies for effective implementation. When the draft rules were published and feedback was solicited from civil society, Seva Mandir in collaboration with ARAVALI - Jaipur held a consultation at Udaipur. This was attended by Govt. officials, especially from the Forest Department and NGOs. The recommendations determined through consensus were forwarded to the Ministry for consideration during the formulation of rules for better implementation of the provisions of the Act. This article lays down the salient features of the Act and highlights some of the concerns on the draft rules which were raised by the participants.

Salient features of the Act:

1. Forest Rights are to be vested on members or community of scheduled tribes and other forest dwellers that depend on the forest or forestlands for bonafide livelihood needs but who need not exclusively or necessarily reside on such forests or forestlands.

The definition of forest dwellers includes Scheduled Tribes pastoral communities. Other traditional forest dwellers (TFD) is defined as any member or community who has for atleast three generations prior to 13th December 2005 primarily resided on and who depend on the Forest or forest land for bonafide livelihood needs.

2. Exhaustive list of forest rights has been given which includes,

a)      Right to hold and live in the forest for habitation and self-cultivation. But this right would be restricted to area under actual occupation and shall in no case exceed an area of four hectare.

b)      Community rights such as 'Nistar'.

c) Right of ownership, access, collection, use and disposal of all minor forest produce.

d)      Right for conversion of  'pattas' or 'leases'

e)      Right of settlement and conversion of forest villages into revenue villages.

f) Right of protection, regeneration & management of community forests.

g)      Community rights to intellectual property.

h)      Right to 'in-situ' rehabilitation in cases where ST and other forest dwellers have been illegally evicted or displaced from forest land prior to 13th December 2005.

i)  Other community rights of uses such as water bodies, grazing and access of nomadic and pastoralist communities.

3.      Diversion of one hectare of forest land which do not involve felling of more than 75 trees per hectare for facilities like schools, dispensary etc with recommendation from Gram Sabha.

4.      The Sub Divisional Committee will scrutinize and forward the clauses to the District Level Committee. The Sub Divisional Committee will have power to hear appeals on the decision taken by Gram Sabha.

5.      The District Level Committee will finally approve the record of past rights whose decision will be final. It also has the power to hear appeals on the decisions taken by Sub Divisional Committee.

6.      There is a State Level monitoring Committee.

7.      Rights recognized in critical wild life habitats of National Parks and sanctuaries may subsequently be modified or resettled, provided that no forest right holder shall be resettled before consent of Gram Sabha for the proposed resettlement has been obtained in writing. No resettlement shall take place until facilities and land allocation at the resettlement location is complete as per promised package.

Concerns on draft rules: -

1.     Threat to forest vegetation and functions of Gram Sabha

The major concern expressed, was regarding proper implementation of the provisions of the Act especially with regard to the right for self-cultivation and habitation and the role of Gram Sabha. Concern was also shown regarding the area under tree cover  recommended by the previous National Forest Policy of 1988 vis - a - vis the provision of the current act that rights have to be accorded to scheduled tribes and other forest dwellers who are in occupation of forest land prior to 13th December 2005. If this criterion for forest land distribution is followed, considerable forest area would be released for cultivation and habitation, which would further decrease the area under forests. Scattered regularization was felt as an additional threat to forest vegetation.

To minimize this threat suggestion was incorporated in draft rules in the definition of bonafide livelihood needs[1]. The definition allowed for the felling and sale of timber for meeting sustenance needs. It was felt that such right should be limited to consumption needs of right holders and not for sale. The draft rules had incorporated right of sale of forest produce for sustenance need. It was suggested that this right should be limited only to sale of minor forest produce. Similarly, sale and quarrying of minerals should also be not included in the category of sustenance needs. To avoid scattered areas of forest land from being released for self cultivation, it was suggested that a function of the Gram Sabha should be to negotiate with the claimants. They could either disown the existing claim on forest land in favor of fulfilling community needs or in favor of maintaining ecological stability, or compensate the claimants by recommending right on alternate forest land within the jurisdiction of Gram Sabha. The claimants may be accommodated in forest chunks where majority of claimants have been allotted land for agriculture under the provisions of the Act. The Gram Sabha should also have authority to recommend settling such claimants on fringes of forestland as selected by them. This would ensure proper management of remaining forest area and the scattered claimants would also be able to benefit from development activities pursued in these newly released forest areas designated as revenue villages.

The suggested draft rules for diversion of upto one hectare of forestland for construction of school, Anganwadi etc was also discussed and it was felt that this should be the last resort. Such development needs can be met in the same forest areas, which are released for cultivation and are to be declared as revenue villages.

2.      Rights over Minor Forest Produce

Minor forest produce are the source of livelihood for tribals and other traditional forest dweller communities. It is a right step that the rights for access, collection, use and disposal has been given under the provision of the Act for all minor forest produce. But it was felt that disposal or sale by individual gatherers should be permitted for all minor forest produce excluding bamboos and patta Tendu for which sale or marketing should be done through co-operatives or registered Forest Protection Committees under approved micro plans.

It was also suggested that wherever rights to certain minor forest produce have been specifically restricted on silvi-cultural grounds, such restrictions should be continued.

3.      Claim from Pastoralsits

According to the rules, the pastoralists have to submit their claims to individual Gram Sabha. Discussion centered on the fact that the pastoralists pass through many States, Districts and Panchayats. As such it would be difficult for them to file their claims with State Level Committees who would take further action for verifying their claims under the jurisdiction of different Gram Sabhas. It was felt that implementation of this provision was difficult and needed further deliberation. 

4.     Offences and penalties

The draft rules provide penalties for offences by members or officers of authority or committees formed under Act but no penalty or punishments is provided for contravention of duties like protection of wild life, forests and biodiversity etc. This needs to be incorporated in the rules.

5.     Repeal of previous Acts

The Act states that it should be implemented in addition and not in derogation of the provisions of any other law for the time being in force. It was felt that some clarification in rules was needed to understand the implications of already existing Acts like Indian Forest Act, Forest Conservation Act 1980, Wildlife Conservation Act and the provisions made there in which may defeat the entire purpose of the new legislation.

As a follow up to the Udaipur-level consultation, a few of the important recommendations were forwarded to the Ministry for inclusion as rules to be enacted for implementation of provisions of the Act. We are not sure whether they will find favor with the policy makers. However, the outcome of the consultation process was that NGOs of the region have become familiar with the provisions of the Act; they would perhaps take an active role in its implementation; and help in making the Gram Sabha members understand their role in implementation such that people residing in the forest get their due rights as envisaged in the Act.