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Build consensus on ‘sunset clause’ for forest rights titles: UNDP report | Current Affairs | Vision IAS

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Build consensus on ‘sunset clause’ for forest rights titles: UNDP report

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United Nations Report on Forest Rights Act (FRA) in India

A recent United Nations report has evaluated the progress of the Forest Rights Act (FRA) in India, suggesting that a "sunset clause" might be necessary to conclude the recognition and vesting of rights for Scheduled Tribes and other forest-dwellers.

Key Insights from the Report

  • The FRA, enacted in 2006, aims to recognize and vest rights to use forests and forest resources to Scheduled Tribes and other traditional forest-dwellers.
  • As of the latest data, 2.32 crore acres of forest land have been distributed, with 1.88 crore acres under community rights titles.
  • A 2015 think tank report indicated that potentially 9.88 crore acres could be covered under community rights, with current coverage at about 18% of this potential.

Challenges in FRA Implementation

  • The report noted "persistent uptake gaps" and "under-implementation" due to historical conflicts, policy oversight, or jurisdictional issues.
  • Chhattisgarh, Maharashtra, and Odisha governments expressed the need for a conclusion date for recognition and vesting of rights.
  • Some FRA titles have been "incorrectly recognized," with potential rectification in the future.
  • Several thousand FRA titles are missing from records in Chhattisgarh due to record-keeping errors.

Recommendations

  • Establish inter-departmental committees to resolve conflicts between tribal welfare and forest departments.
  • Prioritize gender equity in FRA implementation and link the National Rural Livelihood Mission (NRLM) to the FRA for gender-sensitive livelihood avenues.
  • Formulate a National Tribal Policy for the next five years and explore financial support using Article 275(1) of the Constitution.
  • Recognize "access to biodiversity and community right to intellectual property (IP)" under Section 3(1)(k) of the FRA.
  • Clarifications on minor forest produce (MFP) ownership, transit, harvest, and sale are needed.

Additional Insights

  • Potential to monetize community intellectual property related to biodiversity and cultural diversity.
  • Need for clarity on transit permit guidelines, particularly regarding Individual Forest Rights title holders selling their collection.
  • Tags :
  • Forest Rights Act
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