Governor modifies law on forest rights

Context: Recently, Maharashtra Governor Bhagat Singh Koshyari has modified the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, allowing rightful claimants of forest rights to appeal against decisions of the district level committee (DLC).
Key Points

• The Governor has modified Section 6 of the Act, in its application to Scheduled Area of the State of Maharashtra, in exercise of the powers conferred on him by Schedule V of the Constitution.
• The notification is important to provide justice to tribals whose ‘individual or community forest right’ has been rejected by the DLC, constituted under the Forest Rights Act (FRA).
• The notification applies to areas covered in the Panchayats (Extension to Scheduled Areas) Act in the State and allows appeal provision against the DLC’s decision.
• In the case of an order passed by the DLC before commencement of the notification, the appeal needs to be made within six months. However, if an order has been passed after commencement of the notification, the application has to be made within 90 days.

Criticisms

• Activists, however, are concerned that this will lead to further delays in implementation of forest laws. They say the notification is a double-edged sword. 
• A tribal farmer will find it difficult to go to the district headquarters. 
• They fear this committee will further delay implementation of FRA. Delay means denial of justice and increased scope for fake claims.

About Vth schedule

• The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura and Mizoram.

Special Provisions for Fifth Schedule Areas

• The Governor of each State having Scheduled Areas (SA) shall annually, or whenever so required by the President, make a report to the President regarding the administration of Scheduled Areas in that State.
• The Union Government shall have executive powers to give directions to the States as to the administration of the Scheduled Areas.
• Para 4 of the Fifth Schedule provides for establishment of a Tribes Advisory Council (TAC) in any State having Scheduled Areas.
• Composition: Consisting of not more than twenty members of whom, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State. If the number of representatives of the STs in the Legislative Assembly of the State is less than the number of seats in the TAC to be filled by such representatives, the remaining seats shall be filled by other members of those Tribes.
• Functions: The TAC shall advise on such matters pertaining to the welfare and the advancement of the STs in the State as may be referred to them by the Governor.

The Governor may make rules prescribing or regulating:

• The number of members of the Council, the mode of their appointment and the appointment of the Chairman of the Council and of the officers and servants thereof, the conduct of its meetings and its procedure in general.
• The Governor may, by public notification, direct that any particular Act of Parliament or of the Legislature of the State shall or shall not apply to a SA or any part thereof in the State, subject to such exceptions and modifications, as specified.
• The Governor may make regulations for the peace and good government of any area in the State which is for the time being a SA. Such regulations may prohibit or restrict the transfer of land by or among members of the Scheduled tribes in such area; regulate the allotment of land to members of the STs in such area.
• In making such regulations, the Governor may repeal or amend any Act of Parliament or of Legislature of the State or any existing law after obtaining assent of the President.

About Forest Rights Act 2006

• In the colonial era, the British diverted abundant forest wealth of the nation to meet their economic needs. While procedure for settlement of rights was provided under statutes such as the Indian Forest Act, 1927, these were hardly followed.
• As a result, tribal and forest-dwelling communities, who had been living within the forests in harmony with the environment and the ecosystem, continued to live inside the forests in tenurial insecurity, a situation which continued even after independence as they were marginalised.
• The symbiotic relationship between forests and forest-dwelling communities found recognition in the National Forest Policy, 1988.
• The policy called for the need to associate tribal people in the protection, regeneration and development of forests.
• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act was enacted to protect the marginalised socio-economic class of citizens and balance the right to environment with their right to life and livelihood.
• Land and its management fall under the exclusive legislative and administrative jurisdiction of States as provided under the Constitution of India.
• The land reforms are monitored by the Ministry of Rural Development (MoRD) and Department of Land Resources (DoLR) which is the nodal Ministry at the Centre.
• FRA is aimed at recognizing the forest rights and occupation in forest land by 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.