Forests, Tribals and Forest Rights Act
摘要
This chapter discusses one of the most cardinal legal instruments that has been enacted post-independence on the rights of the forest-dwelling communities, which had not been recognised and vested hitherto, namely the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The chapter introduces the basic framework and provides an eagle’s eye view of the legislation. It then focusses on the often-misunderstood concept of who is the beneficiary under the Act and explains who is a ‘Forest Dwelling Scheduled Tribe’ (FDST) and who is an ‘Other Traditional Forest Dweller’ (OTFD). After establishing the beneficiaries under the Act, the chapter attempts to throw light on the most important aspect, that is, the rights that are being recognised and vested under the legislation, namely individual, community and community forest resource (CFR) rights. Any legislation of such a nature that attempts to undo historical injustice will be hollow if it is not backed by a robust process that ensures the recognition and vesting of such rights, which is the next focus of the chapter. The section also dwells on novel concepts such as Critical Wildlife Habitats, as well as the empowered duties of the FDSTs and OTFDs, which highlight the fact that the legislation also has a conservation element embedded in it. The next significant aspect of the chapter is the authorities that have been established under the legislation, and it is seen that it is for the first time the unit of governance, i.e. the Gram Sabha, has been given a statutory authority status. Further, a four-pronged approach is being implemented for ensuring the recognition and vesting of forest rights, wherein representatives from all important line departments namely the Revenue, Tribal, Forest and Panchayati Raj Departments are being included to ensure that the said process is seamless and complete. The chapter also discusses the role of the nodal agency, namely the Ministry of Tribal Affairs, and its interaction with the Ministry of Environment, Forests and Climate Change. The Act also has its set of challenges in its implementation and understanding, which is the next focus of the chapter. The chapter concludes with a brief summary of the lessons learnt and leaves some unanswered questions to ponder over.