Presentation by Tushar Dash, RRI, for the Second Regional Land Forum

1. Forest Rights Act of India; Learning
and Challenges
Tushar Dash

2. FRA establishes the framework for democratic governance of
forests by securing rights of forest dwelling communities and
transferring governance authorities to the right holders
FRA
Recognition
& vesting of
rights
Protection of
rights
Governance
by local
community
and gram
sabhas
Livelihood
and food
security
 Enacted in December
2006 and implemented
since January 2008 after
notification of rules
 Enacted in response to a
protracted struggle by
tribals and civil society
groups
 Seeks to redress historical
injustices in the forested
landscapes of India

3. SALIENT FEATURES
FRA applies to all kinds of forests
including the notified reserve forests and
protected areas
It overrides colonial forest laws in
enforcing legal rights of forest dwelling
communities
Ensures equal rights of women
Provides legal mechanism for free prior
informed consent of right holders in
case land diversion for projects

4. TYPOLOGY OF FOREST RIGHTS
Habitation and cultivation rights
Right of land and rehabilitation for
displaced communities
Community rights for access and
use
Governance and management rights
Rights for accessing basic
development facilities

5. Community Forest
protection groups in
Odisha

6. Ownership rights over minor forest
produces
-MFP includes all non timber forest produces of plant
origin; an important source of livelihoods and
employment
--Local communities can collect, use and sale MFPs for
livelihoods purpose
-Minimum Support Price support for MFPs

7. Rights of pastoral communities
(200 pastoral communities in India)
Maldharis in Gujarat
have claimed CFR
rights in Banni
grasslands over an
area of 2500 sqkm
(Sahjeevan)

8. Niyamgiri-
customary habitat
of Dongria Kondhs
Guda Raija-Habitat
rights of Chuktia-
Bhunjia
Pirhas of Juangs

9. OTHER IMPORTANT RIGHTS
Access to biodiversity,
community rights over
intellectual property and
traditional knowledge
Rights recognized under
customary laws
Cultural and religious rights
(sacred areas)

10. Institutional Mechanism
Gram Sabhas (Village Councils) for determination of
rights supported by Forest Rights Committees
Committees set up with representation from govt officials from revenue,
forest and triibal welfare depts and local governments (Panchayati Raj)
for processing of claims and recording of rights in titles and govt records
State Level Monitoring Committee consisting of secretaries of state govts
in charge of revenue, forest, tribal welfare, local governance depts,
members of tribes advisory council (constitutional body)-For monitoring
of implementation of FRA
Ministry of Tribal Affairs is the nodal agency for
implementation of FRA at the national level
-Allocation of Business Rules amended to mandate
MoTA to deal with forest rights matters

11. Potential for recognition of rights
(Promise and Performance of FRA; National and State Reports)
• At least 40 million hectares of forest land can be
recognized and vested as CFRs under FRA
• At least 200 million people can benefit from CFR
rights recognition.
• At least one fourth of the villages in the country
(170,000) are eligible to get CFR rights
• Majority of districts with a high number of
villages eligible to claim CFRs are located in
regions that have a tribal majority, are poverty
stricken, face land and resources conflicts.

12. Beyond Numbers: the radical potential of FRA
• transforming forest
governance
• ensuring livelihood security,
poverty alleviation and
employment;
• Opportunity for securing
gender justice;
• meeting SDGs especially the
goals of eliminating poverty,
achieving gender justice and
achieving ecological
sustainability;
• meeting national and
international conservation
goals
• addressing climate change
• opportunity to address land
and resources conflicts
Maharashtra and Gadchiroli
• CFR rights recognised over
17,93,985 acres of forest land in
Maharashtra;
• Substantial increase in income
generation and livelihoods
assets by exercising MFP rights
• Employment from forestry work
has gone upto 200-300 person
days in a year
• Internal resources mobilized for
social welfare and village
development work

13. Performance of FRA
CFRs Recognized 2,782,078 acres (3%)
Remaining potential 82,82,3866 acres (97%)
Key Bottlenecks
 LACK OF POLITICAL WILL and
SUBVERSION BY FOREST
BEREAUCRACY -major
hurdles in implementation of
FRA
 Lack of capacity of nodal ministry
and state tribal welfare depts to
push for implementation as well
as poor functioning of authorities
set up under FRA (SLMCs, DLCs
and SDLCs)

14. KEY BOTTLENECKS IN MEETING THE POTENTIAL OF
FRA
CONFLICTING AND DIVERGENT POLICIES Diversion of forest land without
consent of village councils and
forest rights holders
 Forest rights violations in protected
areas
 Enactment of plantation law (CAF
Act) without any safeguard for
forest rights
 Forest dept’s programs -Joint
Forest Management , working
plans-conflicting with CFR rights
 New National Forest Policy 2018
undermining the FRA and
proposing to open up forest lands
for commercial plantations
 Land banks set up on community
land
More than 20% of the conflicts are
linked to forest rights

15. Thanks
tushardash01@gmail.com,
+91 94395 42176
More information at,
http://fra.org.in/
http://www.cfrla.org.in/