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.
