Day 13 – Q 5.Implementation of the Forest Rights Act, in letter and spirit, will not only help resolve the increasing land conflicts but also help uplift the economic and social status of forest dwellers. Analyse.
5. Implementation of the Forest Rights Act, in letter and spirit, will not only help resolve the increasing land conflicts but also help uplift the economic and social status of forest dwellers. Analyse.
वन अधिकार अधिनियम का समुचित कार्यान्वयन न केवल बढ़ते भूमि संघर्षों को हल करने में मदद करेगा बल्कि वनवासियों की आर्थिक और सामाजिक स्थिति को बढ़ाने में भी मदद करेगा। विश्लेषण करें।
Synopsis
Forest Rights Act, 2006 was enacted by the Union Government to recognize the traditional 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.
Rights under the Act:
- Ownership Rights: Ownership to land that is being cultivated by tribal or forest dwellers subject to a maximum of 4 hectares.
- Traditional Rights: Rights to minor forest produce, to grazing areas, to pastoralist routes, etc.
- Relief and development rights – to rehabilitation in case of illegal eviction or forced displacement; and to basic amenities, subject to restrictions for forest protection.
- Forest management rights – to protect forests and wildlife.
However, FRA has failed to achieve its objective due to challenges like:
- Delay in the notification of rules and regulation by the state governments
- The forest bureaucracy’s non-responsive attitude, due to corruption, apathy and vested interests.
- Complicated procedure of recognition of rights, first by Gram Sabha and then by higher authorities.
- The absence of documentary proof and lack of reliable data (maps, ownership records, residence proofs etc.) further complicates the process of recognition of customary ownership rights.
- While Individual rights have been recognized in many places, but process of granting community ownership rights is very slow.
- Lack of regular elections in panchayats – In many states the panchayat system is not very strong and in some cases, the panchayat elections are not held regularly. In such areas, the Gram panchayats are not operational up to the desired level necessary for the implementation of the Act.
Steps that can be taken to overcome these challenges are:
- Implementation of the Act in letter and spirit by releasing notification of rules and regulations consistent with the view of the Act
- Use of technology like digitalized mapping, GIS to map area etc. to increase the speed of recognition of the rights under the Act.
- Capacity building of Gram Sabha with necessary technical help should be provided by Central government or Civil Society organizations.
- Reform in Forest Bureaucracy to make them responsive and breaking the contractor forest official nexus is required. Use of ICT in decision making to make process transparent is required.
- Granting of community Ownership should be prioritized by notifying guidelines on same.
Impact of FRA
- Land Conflicts
- Recognition of rights will check conflict over resources
- Will decrease conflict among tribal and between them and outsiders
- Simplify land acquisition process as the rights of the individuals could be easily ascertained
- Social Impact
- Identification of land rights would create a sense of empowerment and security
- Decrease in alienation from land will protect tribal culture also
- Will strengthen democratic decentralization by empowering Gram Sabha
- Will check harassment by outsiders, including forest bureaucracy
- Economic Impact
- Land right would ensure tribal can economically utilize the land and would also incentivize investment on the land
- Right over forest produce will help in increasing their income
- Proper compensation would be awarded in case of acquisition of land
Therefore, FRA is a tool for socio-economic and political upliftment of tribal. Therefore, implementation of FRA is important for protecting the traditional as well as constitutional rights of the tribal.
Best Answer: Vipasha Parul.
