Rights of
Forest Dwellers
(in the light of Forest Rights
Act )
Who are called as Forest
Dwellers?
Members of the scheduled tribes who primarily reside
in and depend on the forest or forest lands for their
bonafide livelihood needs, including pastoralist
communities of scheduled tribes are “forest dwelling
scheduled tribes” . Their rights is vested under the
Constitutional Provisions
Other traditional forest dwellers refers to people who
have, for at least 3 generations (1 generation=25 years
so 75 years) prior to 13.12.2005, primarily resided in and
depended on forest lands for their bonafide needs .
Their rights are vested under the forest rights act
About the act
Provides rights to the people who hold and live
in forest land under individual or common
occupation
Titles to already cultivated/occupied forest
lands as encroachments
Own, access, use and sell minor forest produce
Manage and protect forest as well as
traditional knowledge
Receive developmental facilities.
Object
Reinforce the rich conservation ethos
Lay down a simple procedure for recognizing and
vesting forest rights in the STs & other traditional
forest dwellers
Provide for adequate safeguards to avoid any further
encroachment of forest
Involvement of democratic institutions at the grass
roots level
Address the long standing need of granting a secure
and inalienable right to life depends on forest land
and resources.
The Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006
Section 3(1) – Rights conferred under this act
Title rights: ownership to land that is being farmed by tribals or forest
dwellers as on December 13, 2005, subject to a maximum of 4 hectares;
ownership is only for land that is actually being cultivated by the
concerned family as on that date, meaning that no new lands are
granted ;
Use rights - to minor forest produce (also including ownership), to
grazing areas, to pastoralist routes, etc.;
Relief and development rights - to rehabilitation in case of illegal eviction
or forced displacement ,basic amenities, subject to restrictions for forest
protection ;
Forest management Rights - to protect forests and wildlife
Other Relevant Provisions….
Eligibility Criteria: primarily reside in forests,
who depend on forests and forest land for a
livelihood .
Process of Recognition of Rights->S.6(1)
Resettlement for Wildlife Conservation ->
S.4(2)
Rule 34 ->Wild Life Protection rules, 2007->
Critical Wild Habitat (CWH)
Duties of Holders of Forest Rights
(S.5)
Protect the wild life, forest, biodiversity;
Ensure that:- adjoining catchment areas, water sources
& other ecological sensitive areas are adequately
protected
:-their habitat is preserved from any form of
destructive practices affecting their cultural and
natural heritage
:- the decision taken in gram sabhas to regulate access
to community forest resources and to stop any activity
that adversely affects the wild animals, their habitat
and biodiversity are complied with.
Man v. Nature
Vedanta coal mining issues – Orissa
The POSCO issue – Orissa
Doon Valley, Dehradun (RURAL LITIGATION
ENTITLEMENT KENDRA v. STATE OF U.P)
Silent Valley, Palakad.
Silent Valley, Kerala
An evergreen tropical forest in the Palakkad
district of Kerala
Being flooded by a hydroelectric projects
Doon valley, Dehradun
POSCO, Jagatsinghpur
Vedanta, Orissa
Case Laws
1. Sri Manchegowda v. State of Karnataka, AIR 1984 SC 1151
2. Lingappa Pochanna v. State of Maharashtra, AIR 1985 SC 389
3. [Link] Reddy v. State of Andhra Pradesh, AIR 1988 SC 1626
4. T.N. Godavarman Thirumulkpad v. Union of India, AIR 1997 SC 1228
5. Ram Gopal Estate (P) Ltd v. State of Tamil Nadu, 2007 (2) CTC 369
6. Amstar Lyngdoh v. State of Meghalaya, 2007 (3) GLT 1
7. Sattar v. State of Uttarakant, AIR 2008 Utr 18
8. T.N. Godavarman Thirumulkpad v. Union of India and in re Vedanta Aluminium,
(2008)2 SCC 222
9. Nature Lovers Movement v. State of Kerala, (2009)5SCC 373
Myths about the Act
[Link] Will Not Give A Square Inch Of Land
a) If I am a tribal cultivating half an acre of forest
land as on December 13, 2005, I will receive title to
exactly that half acre - no more.
b) If I am cultivating 10 hectares, I receive title to
four of those; and if I am cultivating nothing, I
receive title to nothing.
c) No one will receive rights to new lands. Moreover,
the titles recognised under this Act cannot be sold
or transferred to anyone (see section 4(4)).
[Link] will take over and destroy
forests through this Act. (Every law is
misused and this will be used for land
grabbing). {S.6}
The Gram Sabha (full village assembly, NOT the
Gram panchayat).
a) The District Level Committee
b) Legal Diversion of Forest Land
[Link] Act removes all
protection from forests (S.13)
EXAMPLE
In fact, it is illegal for you or I to plant a tree in a
reserved forest; but it is legal for the Forest
Department to fell the entire forest so long as
they obtain appropriate permissions.
[Link] allowing people to stay in national parks
and sanctuaries, the Act will make it impossible
to protect wildlife - especially tigers.
i. People's rights have been recognised (without
this, people cannot demand proper
rehabilitation);
ii. It is shown that continued community presence
will lead to irreversible damage to wildlife;
iii. The community agrees to the resettlement
package being offered;
iv. Full facilities are provided at the resettlement
site.
