Act, 2006 or simply the forest rights act, came into force on the 31 december 2007, with the objective of recognizing and vesting the forest rights in forest dwelling scheduled tribes and other traditional forest dwellers who have been living in forests for generations. It has also been called the forest rights act, the tribal rights act, the tribal bill, and the tribal land act. It was created to serve the british need for timber. Across indias forest areas, people are fighting for democracy, livelihood and dignity. Ministry of law and justice national biodiversity authority.
An act to provide for the better regulation and protection of forests and forest produce in botswana and to provide for matters incidental thereto. Forest right act 2006 three kind of rights the scheduled tribes and other traditional forest dwellers recognition of forest rights act 2006 was enacted in 2006 rules under the act were framed in 2008 guidelines on the fra were issued in july, 2012 revised rules under the fra were circulated in sept. Maharashtra tops in implementation but credit goes to one district gadchiroli has recognised community forest rights in 66% of eligible land. How community rights under the forest rights act could transform the lives of millions of forest dwellers community rights under the forest rights act could transform the lives of millions of forest dwellers, but only if the bureaucracy is pushed to implement the legislation fairly and without delay. This act may be cited as the forest amendment act, no. Sir, as you are aware, the historic legislation the scheduled tribes and other traditional forest dwellers recognition of forest rights act had been enacted in 2006 with the objective of remedying the historical injustice to the forest. Application of public works act 1912 division 5 miscellaneous 31. An act to recognize and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is a key piece of forest.
Dwellers recognition of forest rights amendment rules, 2012 were. Forest policy and legislation the term forest policy connotes actions of a government for the preservation, maintenance, enhancement of forests and the optimum utilisation of forest resources to attain national welfare. The strident opposition led to the formulation of a new scheduled tribes and other traditional forest dwellers act or simply forest rights act fra, which was passed in december 2006 and came into force on january 1, 2008 with the notifi cation of its administrative rules. The first meeting of the gram sabha for the constitution of forest rights committee frc under rule 31 of the fr rules can also be called by the gta or similar body. The indian forest act, 1927, indias main forest law, had nothing to do with conservation. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 fra legally recognises the rights of communities like the dongria kondh to live in and from their forests and to protect and manage their lands. How community rights under the forest rights act could. Forest conservation, tribals and a decade of the forest rights act in india. An act to recognise and vest the forest rights and occupation in forest land in forestdwing scheduled tribes and other traditional forest dwellers who. An act to recognise and vest the forest rights and occupation in forest land in forest dwelling. The act was created to reverse the erosion of their traditional rights by forestry policies, encroachment on their lands by outsiders and the takeover of their forests. The soil and the water, the grasses and the shrubs, the fish and the wildlife, and the beauty of the forest must become integral parts of the resource managers thinking and actions.
Nigeria approved national forest policy june 14th 2006. Addressing a historical injustice the food and agriculture organisation estimates that almost 400 million people depend on forests for sustenance and complementary income. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 was a landmark step taken by government in this direction. Forest rights act, tribal development, inclusive development, rightbased development, sustainable development. Phd thesis, wageningen university, wageningen, nl 2012. Forest rights act yet to achieve major milestones fra recognises the rights of forest dwellers, including scheduled tribes and others, to use, protect and manage forest resources where they live. Ministry of tribal affairs 20, status report on implementation of the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 12. This report is a compilation of the forest rights act, rules and guidelines issued by the government on implementation of forest rights act. On february 2, 2012, agriculture secretary tom vilsack announced a new report, increasing the pace of restoration and job creation on our national forests pdf, 5. An act to amend the forest ordinance be it enacted by the parliament of the democratic socialist republic of sri lanka as follows. The act was created to reverse the erosion of their traditional rights by. As passed by lok sabha on 15 th december 2006 bill no.
Adivasis and other forest dwellers rights over land. Few modern agencies can trace ancestry in a straight line of succession since 1908 when the first forestry department was created. Part 5a is transferred to this ac t on the commencement of schedule 4. Does the forest rights act really redress historical injustice, and more importantly. Rather the struggle to pass the act, and to keep the key elements intact, was fraught with intense contestation. The members of the community of st who primarily reside in and who depend on forests or forest lands for bonafide livelihood needs and includes the st pastoral communities. The new rules, notified on september 6, bring more clarity to provisions relating to recognition of forest dwellers rights to conserve and manage community forest resources, the procedure for which was ambiguous even in the draft amendment rules issued by the.
It is defined as a set of principles or guidelines adopted by a. 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 december 18, 2006. Implementation of forest rights act2006 progress ending. The members of the community of st who primarily reside in and who depend on forests or forest lands for bonafide livelihood. The forest rights act, 2006 is a radical change in the sense that during colonial time forests have all been declared to be owned by government and people living on forest produce, living along the forest suddenly became trespasses. Forestry act 2012 as at 11 october 2019 act 96 of 2012. It sought to override customary rights and forest management systems by declaring forests state property and exploiting their timber. National forest management act nfma planning the days have ended when the forest may be viewed only as trees and trees viewed only as timber.
The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is one instrument in that struggle. Recognition of forest rights act is to undo the effects of the historical injustice that has been suffered by communities that reside. A national report on community forest rights under forest. Community forest rights cfr constituted just two per cent approx. References to integrated forestry operations approvals and forest agreements under the forestry and national park estate act 1998 are taken as being integrated forestry operations approvals and forest agreements under the forestry act 2012. Interpretation in this act, unless the context otherwise requires actual notice means the notice which a person has personally of a matter or action or document or the rights and interests of another person. How did the indian forest rights act, 2006, emerge. Page 29 forestry act 2012 no 96 section 51 taking of timber, forest products and forest materials part 4. The scheduled tribes and other traditional forest dwellers.
Scheduled tribes and other traditional forest dwellers. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, is. National meeting on implementation of the forest rights act. The scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006 no. A critical appraisal of the scheduled tribes and other. This study of the implementation of the forest rights act 2006 in the western ghats of kerala identifies the main constraints to the working of the legislation. Forest dwellers recognition of forest rights amendment. Forest right act2006 three kind of rights the scheduled tribes and other traditional forest dwellers recognition of forest rights act2006 was enacted in 2006 rules under the act were framed in 2008 guidelines on the fra were issued in july, 2012 revised rules under the fra were circulated in sept. Forest rights 3, l for the purposes of this act, the following rights, which secure individual or community tenure or both, shall be the forest rights of forest dwelling scheduled tribes and other traditional forest dwellers on all forest lands, namely. Pdf forest rights act in ensuring tribal development. Revocation of dedication of land as state forest in certain circumstances 33. Recognition of community rights under forest rights act in. A national report on community forest rights under forest rights act.
The making of indias recognition of forest rights act kundan kumar is assistant professor in the department of geography and centre for environment, university of toronto st george campus, canada e. Implementation of forest rights act2006 progress ending 30th sept. Most of all, we would like to acknowledge the many extraordinary people who made the recognition of forest rights act possible and express special thanks to madhu sarin, shankar gopalakrishnan and pradip prabhu. Provision of forest ecosystem services and goods will be altered by these changes, posing a number of new challenges to forest managers. The law concerns the rights of forestdwelling communities. Implementation of forest rights act 2006 progress ending 30th sept. Other traditional forest dwellers recognition of forest rights amendment. The following act of parliament received the assent of the president on the 5th february, 2003, and is hereby published for general information. The union ministry of tribal affairs has notified the amended rules for the implementation of the forest rights act fra of 2006. In december 2012, the prime ministers office issued a directive watering down the act. The forest rights act a weapon of democracy in the forests. Part 4 taking of timber, forest products and forest materials.
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. Forest dwellers recognition of forest rights act, 2006 guidelines regarding. Forestry act 2012 no 96 section 3 preliminary part 1 forest agreement means a forest agreement refe rred to in part 5a that is in force. Nov 19, 2016 the forest rights act, 2006 is a radical change in the sense that during colonial time forests have all been declared to be owned by government and people living on forest produce, living along the forest suddenly became trespasses. Pdf implementation of the forest rights act in the western. Study on implementation of fra and climate change vulnerability of forests and forest dwelling communities in maharashtra background the scheduled tribes and other traditional forest dwellers recognition of forest rights act, 2006, popularly known as the forests rights act fra, was enacted in. Whereas the draft scheduled tribes and other traditional forest. Pdf the scheduled tribes and other traditional forest dwellers. Implementation of forest rights act2006 progress ending 30th.
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