The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) is an Act of the Parliament of India that recognizes and vests forest rights on forest land in scheduled tribes and other traditional forest dwellers who have been residing in or have had traditional rights in the forests for generations. The Act was enacted to give statutory recognition to the customary rights of forest dwellers and to ensure their participation in forest management.
The FRA defines "scheduled tribes" as those tribes or tribal communities or parts of or groups within such tribes or communities, as are deemed to be scheduled tribes under Article 342 of the Constitution of India. It defines "other traditional forest dwellers" as the members of a community who have, for generations, been living in and dependent on forests for their livelihood, and who have not been categorized as a scheduled tribe.
The FRA provides for the following rights to scheduled tribes and other traditional forest dwellers:
- The right to hold and use forest land for habitation, cultivation, grazing, fishing, and other livelihood activities.
- The right to protect, regenerate, and conserve forests.
- The right to participate in forest management.
- The right to receive compensation for the loss of their forest rights.
The FRA also provides for the establishment of a National and State level Forest Rights Committees (FRCs) and Gram Sabhas (village councils) to implement the Act. The FRCs are responsible for determining the existence of forest rights and issuing certificates to eligible persons. The Gram Sabhas are responsible for making recommendations to the FRCs on the recognition of forest rights.
The FRA has been hailed as a landmark legislation that will help to protect the rights of forest dwellers and to ensure their participation in forest management. However, the Act has also been criticized for being too complex and for being difficult to implement.
The FRA is a complex and challenging piece of legislation. It is still in its early stages of implementation and it is too early to say whether it will be successful in achieving its objectives. However, the FRA is a significant step forward in the recognition of the rights of forest dwellers and it has the potential to make a positive impact on the lives of millions of people.