GS Paper II
News Excerpt:
An analysis by independent researchers suggests that the electoral outcome in nearly three in ten of India's Parliamentary Constituencies (PCs) could be influenced by issues surrounding implementing the Forest Rights Act (FRA) 2006.
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Forest Rights Act (FRA):
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Electoral dynamics:
- The researchers estimated the percentage of the electorate in each constituency that would be eligible for titles under the provisions of the FRA.
- They did this by calculating the population in each constituency (2011 Census) and the proportion of potential voters who lived in villages that fell in notified forest areas.
- The researchers identified 153 constituencies where settling rights could significantly impact voting decisions.
- 45 constituencies (Reserved and Unreserved) were classified as "critical" or where FRA issues could be most significant, with -
- Unreserved constituencies having over 60% potential rights holders
- Reserved (Scheduled Tribes) ones having over 10% as rights holders
- 97 constituencies having 20%-50% rights holders.
- In the 2019 Lok Sabha elections, the current dispensation won 103 of these constituencies, with the main opposition party winning only 11 of these seats.
- In 42 constituency seats reserved for ST, the current dispensation won 31 constituencies, and the main opposition party won only 3 constituencies.
- In PCs reserved for STs, issues of rights of the Adivasi communities become central in election campaigns for political representatives for both – the current dispensation and the Opposition.
Concerns regarding implementation of FRA:
- Rejection of claims:
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- According to the Ministry of Tribal Affairs, as of October 2023, 2.3 million titles have been granted to tribal and forest dwellers nationwide, with 4.5 million claims to the title received.
- Exclusion criteria:
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- Communities that depend on the forest for survival and livelihood reasons but are not forest dwellers or Scheduled Tribes are excluded from the purview of the act.
- Impediments by the forest bureaucracy:
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- At the lowest level, there is resentment due to the reduced dependence on its functionaries by the tribal people.
- In spite of the transfer of rights provided by the law to the communities, the Forest Department continues to distrust the gram sabhas’ capability to manage and conserve forests.
- Friction with other acts:
- Provisions of other acts, such as the Forest Conservation Act and Wildlife Protection Act, have posed hurdles to properly implementing the FRA.
Way forward:
- The analysis suggests that at least 30 million hectares of forest land, more than 40% of the total forest area, could be vested as Community Forest Rights with gram sabhas, potentially securing the rights and livelihoods of 200 million people, including nearly 90 million tribals.
- Effective implementation of the FRA, leading to the improvement in the welfare of tribal communities and the management of forests, requires an informed collective action of different stakeholders at the state level and the micro level.
Prelims PYQ
Q. Under the Scheduled Tribes and Other Traditional Forest Dwellers [Recognition of Forest Rights] Act, 2006, who shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both? (UPSC 2013)
(a) State Forest Department
(b) District Collector/Deputy Commissioner
(c) Tahsildar/Block Development Officer /Mandal Revenue Officer
(d) Gram Sabha
Q. Consider the following statements: (UPSC 2019)
- As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.
- As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
