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The Forest Rights Act (FRA) has been in existence for 15 years but many forest dwellers across India are in vulnerable condition due to improper implementation of FRA.

Forest Rights Act

• The Act provides for democratic tenets in the implementation process.
• Gram Sabha: FRA requires the constitution of a Forest Rights Committee comprising members from within the village by conducting a Gram Sabha with two-thirds of the members present at the meeting.
• The FRA provides for equal rights in titles issued under the Act for women. They have the equitable role at every stage of decision-making.
• Satellite image, as an evidence of ownership of titles is allowed. Whereas there can be other types of evidences as well.

Concerns associated with the act

• The supporters of tribal rights allege that the Department is overlooking the genuine claims of the tribal people.
• The process was not followed in many places.  These committees were mostly constituted by the Panchayat Secretaries upon the directives received from District Magistrates at short notice.  The nominations for members for the taluk-level and district-level committees were also not transparent.
• On the ground, the women were hardly visible in the Panchayats and ownership of titles.
• It was disappointing that in the initial stages of implementation, there was insistence on satellite images as evidence while other admissible proofs were ignored, as happened in Gujarat.
• Welfare and developmental schemes of the Rural Department were not extended everywhere to the tribal people who received documents of land possession under the FRA despite the directives issued by the Ministry to treat them on a par with others.
• Poor awareness levels among the tribal people proved to be a handicap, especially in the scheduled areas which are remotely located. To effectively present claims, a fair understanding of the Act and its implementation process is necessary.
• Involvement of NGOs was missing in some interior areas in States like Chhattisgarh where insurgency was affecting the lives of the people.

Challenges

• Many tribal areas are witnessing a decline in the quality of forest produce in their vicinity, thus forcing them to look for other sources of livelihood.
• In Chhattisgarh, in many villages, earnings from activities such as collection of tendu leaves for rolling local cigars were affected when there was an influx of labourers from Bihar who were willing to work for low wages.
• Poor market and exploitation by local traders/middlemen were no less demoralising.
• Possessed forest lands (including the lands recognised under the FRA) that are small, of poor quality (particularly lands located on hill slopes) and are not very fertile.
• The lack of irrigation facilities forces them to depend only on rainfall.
• On the Human Development Index, the tribal-populated States always rank lower than the national average.

Way Forward

• NGO representatives working in the tribal areas believe that the livelihoods of the locals would improve if horticulture practices are promoted in addition to bamboo and aloe vera plantations with an assured market.
• A popular recommendation is medical and ecotourism along the lines of the Kerala model.
• Schemes and programmes already drafted for the tribal people must be implemented in letter and spirit across the country. With protective laws like the Panchayats (Extension to Scheduled Areas) Act, 1996, in place, it is only a matter of will.
• Induct people who are sensitive to the cause of tribal people in the decision-making process at every stage.
• To improve the condition of the tribal people, especially those living in remote areas, there needs to be a push on every possible aspect of their socioeconomic life.