Context: Recently, Governor of Maharashtra issued a notification with an aim to modifying the Forest Rights Act (FRA), 2006, that will enable forest-dwelling Scheduled Tribes (STs) and other traditional forest-dwelling families to build houses in the neighbourhood of forest areas.

• The notification was issued by the Governor using his powers under sub-paragraph (1) of paragraph 5 of the Schedule V of the Constitution.

Background

• The notification is the result of the consistent efforts of Vayam– a community-based organization, working for the empowerment of tribal communities in Palghar and Nashik districts.
• During visits to Palghar, Nandurbar, Gadchiroli and other districts having scheduled areas, it had come to the notice of the Governor that certain scheduled tribes and forest-dwelling families in the scheduled areas were moving outside their native villages and migrating elsewhere in the absence of housing areas.

Forest Rights Act, 2006

• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was enacted to protect the marginalized socio-economic class of citizens and balance the right to environment with their right to life and livelihood.

The Act basically does two things

• Grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws.
• Makes a beginning towards giving communities and the public a voice in forest and wildlife conservation.

Rights to forest dwellers under FRA, 2006
Land Rights

• No one gets rights to any land that they have not been cultivating prior to December 13, 2005 and that they are not cultivating right now.
• Those who are cultivating land but don’t have document can claim up to 4 hectares, as long as they are cultivating the land themselves for a livelihood.
• Those who have a patta or a government lease, but whose land has been illegally taken by the Forest Department or whose land is the subject of a dispute between Forest and Revenue Departments, can claim those lands.
• There is no question of granting 4 hectares of land to every family.
• The land cannot be sold or transferred to anyone except by inheritance.
• The Act recognizes rights to habitation and cultivation on forest lands if the land were occupied before December 13, 2005.

Use Rights

• Minor forest produce things like tendu patta, herbs, medicinal plants etc. “that has been traditionally collected. This does not include timber.
• Grazing grounds and water bodies.
• Traditional areas of use by nomadic or pastoralist communities i.e. communities that move with their herds, as opposed to practicing settled agriculture.

Right to Protect and Conserve

• The Act provides a right and a power to conserve community forest resources, while section 5 gives the community a general power to protect wildlife, forests, etc.
• This is vital for the thousands of village communities who are protecting their forests and wildlife against threats from forest mafias, industries and land grabbers, most of whom operate in connivance with the Forest Department.