India’s Forest Rights Act (FRA), 2006

The Forest Rights Act (FRA), 2006, officially known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is a landmark piece of legislation in India. It aims to recognize the rights of forest-dwelling communities, particularly Scheduled Tribes (STs) and other traditional forest dwellers, who have long been stewards of forest ecosystems. Unlike many global conservation laws that prioritize protecting forests at the expense of local communities, the FRA integrates the rights of forest dwellers with biodiversity conservation.

Objectives and Scope of the Forest Rights Act (FRA)

The FRA, 2006 seeks to address the historical injustices faced by indigenous and forest-dwelling communities by recognizing their land and resource rights. The Act is particularly important for those who have relied on forests for their livelihoods for generations but whose rights were overlooked by the state.

Key Statistics:

• Impacts an estimated 150 million forest-dwelling people.

• Affects 40 million hectares of land and approximately 1,70,000 villages.

• Over 28% of India’s population is dependent on forests for food, shelter, and livelihood, including forest-based products.

Types of Forest Rights Under FRA (2006)

1. Individual Forest Rights (IFR):

   • Recognizes the rights of individuals and families to cultivate land and build homes on forest lands.

   • These rights are particularly important for livelihood security in rural and remote forest areas.

2. Community Forest Rights (CFR):

   • Grants communities access to traditional community resources and minor forest products like bamboo, honey, wood oil, mahua (a local fruit), and other non-timber forest products (NTFPs).

   • Rights include access to grazing land, water bodies in forests, and habitat rights for Particularly Vulnerable Tribal Groups (PVTGs).

   • These rights recognize the cultural and seasonal resource needs of pastoral and nomadic communities.

3. Community Forest Resource Rights (CFRR):

   • Provides management rights of forests to the Gram Sabhas (village councils) rather than the Forest Department.

   • This provision emphasizes community-led conservation of forest resources.

Other Key Provisions of FRA (2006)

• Evidence-Based Claims: Forest rights can be recorded and verified through Gram Sabhas, with traditional knowledge and oral evidence accepted as valid for claim validation.

• Protection Against Eviction: FRA prevents forced displacement of forest dwellers without due legal process. If relocation is required, rehabilitation and compensation must be provided.

• Sustainable Resource Use: The FRA encourages the sustainable use of forest resources to ensure ecological balance while supporting the livelihoods of forest-dwelling communities.

Challenges and Concerns in the Implementation of FRA

While the FRA, 2006 has been transformative for forest-dwelling communities, its implementation has faced several challenges:

1. Bureaucratic Resistance and Exclusion: Many forest officials are resistant to the FRA provisions, fearing loss of control over forest lands. As a result, there are instances of mass rejection of claims and evictions despite legal protections.

2. Legal Battles and Evictions: A 2019 Supreme Court order led to the potential eviction of 17 lakh tribal families whose claims had been rejected. Though protests led to a temporary halt, the situation highlighted the fragility of forest rights protections in India.

3. Conflicts with Conservation Policies: India’s Wildlife Protection Act (1972) and the Protected Area Model have led to significant displacement of forest communities, with conservation policies often criminalizing traditional forest use, ignoring the biodiversity protection role of these communities.

4. Slow Recognition of Community Forest Rights (CFRs): Although 30 million hectares of land could be vested as CFRs, progress has been slow. By October 2023, only 2.3 million land titles had been granted, and 4.5 million claims remain unresolved.

Global Efforts for Forest Conservation and India’s Role

India, being one of the world’s 17 megadiverse countries, has a critical role in the global conservation effort. Several international frameworks and agreements guide conservation policies worldwide:

1. Convention on Biological Diversity (CBD): Established at the 1992 Rio Earth Summit, it serves as the largest international agreement to promote biodiversity conservation and sustainable use of biological resources.

2. UN Declaration on the Rights of Indigenous Peoples (2007): This declaration affirms the right of Indigenous Peoples and Local Communities (IPLCs) to maintain and strengthen their traditions, cultures, and institutions.

3. Kunming-Montreal Global Biodiversity Framework (KMGBF): Adopted at COP-15 in 2022, this framework promotes the 30 by 30 target, aiming to protect 30% of the world’s land and marine areas by 2030, with full participation of IPLCs in the conservation process.

How the FRA Differs from Global Conservation Models

India's Forest Rights Act offers an alternative to traditional conservation models that often lead to displacement of indigenous communities. The FRA's inclusive approach differs significantly from global conservation laws in several key ways:

1. Community-Led Conservation: The FRA recognizes the historical role of indigenous communities in protecting forests. Studies show that traditional governance systems employed by these communities have been more effective in preserving ecosystems than state-controlled models.

2. Legal Recognition of Forest Dwellers: Unlike many global laws that regard forests as state-owned, the FRA grants land and resource rights to Scheduled Tribes (STs) and traditional forest dwellers, overriding colonial-era laws that disregarded indigenous claims.

3. Balancing Conservation and Livelihoods: The FRA emphasizes the economic sustainability of forest-dwelling communities by allowing them to harvest minor forest produce, which helps them maintain their livelihoods while preserving biodiversity.

4. Opposition to Forced Evictions: Global conservation laws often criminalize traditional forest use, leading to forced evictions. In contrast, the FRA protects forest dwellers from eviction without proper legal process and ensures their rights are recognized.

India’s Legal Instruments for Conservation

Alongside the Forest Rights Act (FRA), India has other legal instruments that help in biodiversity conservation:

1. Biological Diversity Act (BDA), 2002: This Act supports the documentation and protection of traditional knowledge related to biodiversity. It also establishes institutional mechanisms at the national, state, and local levels to manage biodiversity.

2. Wildlife Protection Act (1972) and Project Tiger (1973): These policies created the protected area model, leading to the establishment of national parks, sanctuaries, and tiger reserves. As of February 2025, India has 1,134 protected areas and 58 tiger reserves.

3. Panchayats (Extension to Scheduled Areas) Act (PESA), 1996: This empowers Gram Sabhas in tribal areas to have decision-making authority over local resources, giving them a voice in forest governance.

4. National Biodiversity Strategy and Action Plan (NBSAPs): This plan outlines key goals for biodiversity protection, ensuring that Indigenous Peoples’ and Local Communities’ (IPLCs) rights are recognized.

Conclusion

The Forest Rights Act (FRA) of 2006 stands as a global precedent for inclusive conservation. It recognizes the integral role of indigenous communities in preserving biodiversity and provides them with legal recognition to continue their traditional livelihoods while conserving forests. Strengthening the implementation of FRA can further protect both forests and livelihoods, making India’s approach a model for sustainable conservation worldwide.