Lok Sabha Question No. 221 (UNSTARRED), answered on 2020-02-03
Subject: Forest Dwellers Act, 2006
Ministry: TRIBAL AFFAIRS
Asked by: Shivkumar Chanabasappa Udasi, Pinaki Misra, Sougata Ray

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 221

TO BE ANSWERED ON 03.02.2020

## FOREST DWELLERS ACT, 2006

221. SHRI SHIVAKUMAR C. UDASI:

SHRI PINAKI MISRA:

PROF. SAUGATA RAY:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether the Government has reckoned the uncertainties prevailing in the 'land rights' and 'use rights' though ensured under the scheduled Tribes and other Traditional Forest Dwellers Act, 2006;
- (b) if so, what has been concentrated and special focus on tribes and other forest dwellers in Central Indian States; and
- (c) whether effective legal aid has been provided to the affected families and if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFIARS

## (SMT. RENUKA SINGH SARUTA)

- (a)  With  a  view  to  ensuring  that  the  Scheduled  Tribes  and  the  Other  Traditional  Forest Dwellers are ensured of their rights, several provisions have been made in 'The Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) (Recognition of Forest Rights) Act,  2006  (FRA  in  short).  The  specific  provisions  of  FRA  which  ensure  the  rights  and livelihood of forest dwelling STs and OTFDs on all forest land are at

## Annex .

- (b) The FRA extends to the whole of India and is administered by the Ministry of Tribal Affairs.  Implementation  of  the  Act  is  the  responsibility  of  the  State  Governments  and  UT administrations.
- (c)  'The  Legal  Services  Authorities  Act,  1987'  provides  free  legal  aid  to    members  of Scheduled Tribe.

## Statement  in  reply  to  part  (a)  of  L.S.U.Q.No.  221  for  03.02.2020  asked  by  Sh.  SHRI SHIVAKUMAR C. UDASI: SHRI PINAKI MISRA: PROF. SAUGATA RAY:  on Forest Dwellers Act, 2006

Section 3 (1) For the purposes of this Act, the following rights, which secure individual or community tenure  or  both,  shall  be  the  forest  rights  of  forest  dwelling  Scheduled  Tribes  and  other  traditional forest dwellers on all forest lands, namely:-

- (a) right to hold and live in the forest land under the individual or common occupation for habitation or for, self-cultivation for livelihood by a member or members of a forest dwelling Scheduled-Tribe or other traditional forest-dwellers;

(b)  community  rights  such  as  nistar,  by  whatever  name  called,  including  those  used  in erstwhile Princely States, Zamindari or such intermediary. regimes;

(c) right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries;

- (d)  other  community rights  of  uses or  entitlement  such  as  fish  and  other  products  of  water bodies,  grazing  (both  settled  or  transhumant)  and  traditional  seasonal  resource  access  of nomadic or pastoralist communities;

(e)  rights  including  community tenures of habitat and habitation for primitive tribal groups and pre-agricultural communities;

- (f)  rights  in  or  over  disputed  lands  under any  nomenclature in any State where claims are disputed;

(g)  rights  for  conversion  of  Pattas  or  leases  or  grants  issued  by  any  local  authority  or  any State Government on forest lands to titles;

- (h)  rights  of  settlement  and  conversion  of  all  forest  villages,  old  habitation,  unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages;
- (i) right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use;
- (j)  rights  which  are  recognised  under  any  State  law  or  laws  of  any  Autonomous  District Council or Autonomous Regional Council or which are accepted as rights of tribals under any traditional or customary law of the concerned tribes of any State;

(k) right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity;

(l) any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or other traditional forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal;

(m)  right  to  in  situ  rehabilitation  including  alternative  land  in  cases  where  the  Scheduled Tribes  and  other  traditional  forest  dwellers  have  been  illegally  evicted  or  displaced  from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.

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