Forest Rights Act, 2006: Supreme Court Review and Tribal Concerns

Context

• The Supreme Court is set to hear a case on the Forest Rights Act (FRA), 2006, on April 2, 2025.

• Adivasi rights groups and environmental organizations have urged the Tribal Affairs Ministry to defend the law.

• The case has significant implications for tribal communities, who depend on forests for their livelihood, culture, and identity.

Forest Rights Act (FRA), 2006: An Overview

• Officially called the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

• Enacted to legally recognize the rights of tribal and forest-dwelling communities over their traditional lands and forest resources.

• Seeks to correct historical injustices where forest dwellers were denied land rights under colonial and post-independence laws.

Key Provisions of the FRA

1. Recognition of Forest Rights

• Individual Forest Rights (IFR) – Provides land titles to individuals for cultivation and habitation.

• Community Forest Rights (CFR) – Grants communities the right to use, manage, and conserve forest resources.

2. Role of Gram Sabha

• Gram Sabha (village council) is the primary authority to initiate, verify, and approve claims.

• Ensures a democratic and decentralized decision-making process.

3. Conservation and Livelihood Balance

• Empowers tribal communities to participate in forest conservation while securing their livelihood rights.

• Recognizes the role of traditional knowledge in sustainable forest management.

Legal Challenges to FRA

1. Supreme Court Case (2008-Present)

• In 2008, the NGO Wildlife First challenged the FRA in the Supreme Court, arguing it led to forest encroachments.

• In 2019, the SC ordered the eviction of those whose claims were rejected.

• Following protests, the Tribal Affairs Ministry intervened, highlighting procedural flaws in rejections.

• The SC stayed the eviction order and directed states to review rejected claims.

Current Concerns in FRA Implementation

1. Improper Review of Rejected Claims

• Many states conducted arbitrary reviews, leading to mass rejections of claims.

2. Undermining of Gram Sabhas

• Gram Sabhas, which are meant to approve land claims, were ignored in many cases.

• Example: In Gujarat, 98% of claims were approved by Gram Sabhas, but only 62% were accepted by higher authorities like the Sub-Divisional Level Committee (SDLC).

3. Over-Reliance on Satellite Imagery

• States like Gujarat and Madhya Pradesh used satellite images instead of ground verification to assess claims.

• Led to wrongful rejections, as satellite data fails to capture historical land use patterns.

• The Tribal Affairs Ministry warned against misuse of technology, emphasizing that FRA allows various forms of evidence, including community records and historical proof.

Conclusion

• The FRA is crucial for protecting tribal rights and ensuring forest dwellers’ access to resources.

• However, implementation challenges remain, including arbitrary rejections, sidelining of Gram Sabhas, and improper use of technology.

• The upcoming Supreme Court hearing will be a crucial test for the government’s commitment to tribal welfare and democratic governance.