L AW A N D A G R IC U LT U R E

S E M IN A R

An Overview on Forest Right’s

PRESENTED BY Act and Its Subjects
EMANUEL THANGSIANTLUANGA
VI SEMESTER BALLB
JKA18016

PRESENTED TO
SMT. SHEELA GANESH
ASST. PROFESSOR
JSS LAW COLLEGE
 Introduction
Purpose of the Act
CONTENT Forest Right’s of Forest Dwelling Communities
Types of Forest Rights recognize
Role of Authority under the Act
Implementing Forest Rights Act
Issues faced by forest communities
Case- Hari Om Gupta v. State of UP
CONCLUSON
Introduction
According to 2011 Census, tribal population in India comprise of 8.6% ie.
104.2 million approx.
The issue of access to forest has always been a problem.
The process of declaring reserve forest extinguish traditional rights of forest
dwellers.
The Schedule Tribe and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 became the central factor effecting tribal population.
The GOI enacted progressive laws. But in most case, the implementation has
been poor.
Purpose of the Act

1. It brings positive approach in management of natural resources.

2. Opportunity to democratize the nature of forest management.
3. Provides need of local population.
4. Protect wildlife and forest effectively.
Forest Rights of Forest Dwelling Communities
1. Ensure livelihood and forest security of the forest
dependent communities.
2. Provide basic development facilities.
3. Legal recognition of community conservation initiative.
4. Protect traditional knowledge and intellectual property.
5. Protect customary rights.
6. Empowers community over forest.
7. Conserve forest from destructive activities
A women from Halakki community
8. Established institution at village, district and state level.
Types of Forest Rights Recognise
1. Rights over forest land and forest resources
2. Rights over cultural heritage
3. Rights over Protection and Conservation of Biodiversity and
Intellectual Property Rights
4. Rights of displaced communities
5. Rights for development
 Rights over forest land and forest
resources

1. Sec 3 (1)(a)- rights of the individual or

community over forest based occupation.
2. Sec 3 (1) (b) (c) (d)- nistar rights,
ownership over small forest produce,
entitlements on rivers and lakes and its
produce.
3. Sec 3 (1) (f)- rights over disputed land, (g)
pattas, lease or grants.
4. Recognition of forest village into revenue
village
 Rights over cultural heritage

1. Sec 3 (1)(i)- protection of culture,

heritage and custom that is intricately
linked with forest.

Eg: Protection of sacred grove- culturally

and spiritually linked with tribals +
protection of varieties of medicinal plants
and biodiversity
 Rights over Protection and Conservation
of Biodiversity and Intellectual Property
Rights

Sec 3 (1) (k)- right of access to

biodiversity and community right to
intellectual property and traditional
knowledge related to biodiversity and
cultural diversity.

Women in Odisha leading forest conservation

awareness campaign
 Rights of displaced community

Sec 3 (1) (m) right to in situ

rehabilitation including alternative land
in cases where the Scheduled Tribes and
other traditional forest dweller:, have
been illegally evicted or displaced from
forest land of any description without
receiving their legal entitlement to
Even After Decades, The Malasar Tribe Continues To
rehabilitation prior to the l 3th day of Remain Landless And Abandoned
2016:Kerela
December, 2005.
 Rights for Development

Sec 3 (2) provides securing rights of

forest communities over developmental
activities like- Jal Jeevan Mission (Drinking
water for every household)
1. Health and Education
2. Fair Price Shop
3. Electricity and roads
4. Drinking water and water harvesting
structure etc
Jal Shakti Abhiyan
(Catch the rain mission)
Authorities under Forest Rights Act

STATE LEVEL MONITORING

COMMITTEE

DISTRICT LEVEL COMMITTEE

SUB DIVISIONAL LEVEL

COMMITTEE

GRAM SABHA FOREST RIGHTS COMMITTEE

 Gram Sabha Sec 6(1), Rule 3 & 4

Gram Sabha is the authority to initiate the

process of recognition of forest rights in its
jurisdiction.
When receiving claims, Gram Sabha verify
the forest, make a detail report, delienating
the land- and pass the resolution and forward
the copy to Sub Divisional Level Committee
Any person aggrieved by the resolution of the
Gram Sabha may prefer a petition to the Sub
Divisional Level Committee
 Forest Rights Committee

Elected by members of Gram Sabha

1. 1/3 member should be ST
2. Not less than 1/3 should be women
3. Provided further that where there are
no Scheduled Tribes, at least one third On the stone slab in Odisha's Goelsukha village, people assert
of such members should be women. their right over minor forest produce, its collection, use and sale
under the Forest Rights Act.

According to a MoTA data, the rejection rate in most mining-

rich states is the highest—Madhya Pradesh with 58 per cent
followed by Chhattisgarh with 52 per cent.
 Sub Divisional Level Committee

Sec 6 (3)- Constituted by State Government

Composition
1. SDO or Equivalent officer – Chairperson
2. Forest Office i/c in sub-division – Member
3. 3 members appointed by District Panchayat from sub-division
4. Any officer from Tribal Dept. or Tribal Affairs
 Functions of Sub Divisional Level
Committee

1. Raise awareness among forest dwellers.

2. Provide information and report to Gram Sabha and FRC.
3. Ensure Gram Sabha Meetings are conducted.
4. Free and availability of perfoma of claims from claimants.
5. Consolidate Information.
6. Hear and adjudicate dispute
7. Co-ordinate with other SDLC.
8. Prepare report for District Level Committee.
 District Level Committee

Sec 6 (7)- Constituted by State Government

Composition-
1. District Commissioner/ Controller- Chairperson
2. Concerned Divisional Forest Officer/ Deputy Conservator Of Forest – Member
3. 3 members of District Panchayat
4. An officer from Tribal Dept./Tribal affairs
 Functions of District Level Committee

1. Examine the claims

2. Approval of claims
3. Co-ordinate with other district
4. Incorporation of FRA
5. Records of rights
 State Level Monitoring Committee

Consist of:
1. Chief Secretary- Chairperson
2. Secy, Revenue Dept – Member
3. Secy, Tribal or Social Welfare Dept – Member
4. Secy, Forest Dept- Member
5. Secy, Panchayati Raj Dept- Member
6. Principal Chief Conservator of Forest- Member
7. Three ST MEMBERS from Tribes Advisory Council
8. Commissioner, Tribal Welfare or Equivalent Dept- Member Secretary
 Implementing Forest Rights

1. Lack of political commitment.

2. Lack of adequate human and financial
resources.
3. Forest Bureaucracy
4. Poor or non-functioning of Committees

A Kond woman carrying her daughter in Durukhal village, Odisha

 Issues Faced by Forest Communities

1. Absence of social infrastructure- Healthcare,

access road, socioeconomic schemes, social facilities.

2. Issues related to minor forest produce- mere

granting of rights; monoculture by forest department

3. Particularly Vulnerable Tribal

Groups(PVTG) Issues- living in remote areas,
prime conservator of forest

4. Human Rights Violation- demand of rights-

harassment, physical torture, false case- militarization
in protected areas
 Hari Om Gupta v. State of Uttar Pradesh

1. Petitioner claim rights under the act.

2. His shop(land) was leased to his ancestors by Forest Authorities in
1928- and also paid the deposit.
3. Plea by petitioner is misconceived as they do not belong to ST or SC or
Traditional Forest Dwellers as mention in Sec 2 of the act.

Sec 2(c) (c) "forest dwelling Scheduled Tribes" means the members or community of the
Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for
bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities;
 CONCLUSION

The Act seek to a amends tribal communities.

“Due to this (ie. Forest bureaucracy),we neglect and

criminal sabotage in the implementation of law” –
Gopalakrishnan

Smt. Sukri Bommagowda

Padma Shri Awardee, 2017
Thank you