FROM MARGINALIZATION TO RECOGNITION : THE FOREST RIGHTS ACT AND IT'S IMPACT

 

The Forest Rights Act 2006 is a legislation in India that recognizes and vest the forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have ben residing in such forest for three generations or more, as on 13 December 2005. The act aims to correct the historical injustices committed against forest dwelling communities and to protect their rights to livelihood, shelter and cultural identity.

The act recognizes the following rights of the forest dwelling communities:

• Right to ownership, possession, use and enjoyment of minor forest produce, which includes a wide range of non timber products such as honey, wax, bamboo and medicinal plants.
• Right to livelihood, which include the right to fish, graze livestock, and cultivate land that has been traditionally used by community for these purposes.
• Right to habitation , which includes the right to reside in the forest and to use forest land for habitation, even if the land is not owned by the community.
• Right to protect and preserve the cultural and religious rights of the forest dwelling communities, including the right to access and worship in the forest.

The act also provides for the constitution of a Gram Sabha ( Village Council) in each village situated within the boundaries of a forest, which has the power to recognize and vest the forest rights in the forest dwelling communities. The Gram Sabha  is responsible for the conservation and management of the forests and for the protection of rights of the forest dwelling communities . The act has been hailed as a major step towards the conservation of forests and the protection of rights of the forest dwelling communities. However , it has also faced criticism  for its implementation , with many alleging that the act has not been effectively implemented in many parts of the country.