Lok Sabha Question No. 1089 (UNSTARRED), answered on 2018-12-17
Subject: Other Traditional Forest Dwellers
Ministry: TRIBAL AFFAIRS
Asked by: SRIRAM MALYADRI

## GOVERNMENT OF INDIA

## (MINISTRY OF TRIBAL AFFAIRS) LOK SABHA UNSTARRED QUESTION NO. 1089

TO BE ANSWERED ON 17.12.2018

## OTHER TRADITIONAL FOREST DWELLERs

## 1089. SHRI MALYADRI SRIRAM:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a)  the  details  of  the  reasons  for  low  level  of  recognitions  of  rights  of  the  Other  Traditional  Forest Dwellers  (OTFDs)  as  compared  to  the  Scheduled  Tribes  and  hence  the  reasons  of  explicit discrimination between them;
- (b)   the  steps  taken  by  the  Government for the better inclusion of Other Traditional Forest Dwellers (OTFDs) and settlement of their claims; and
- (c)   the details of the reasons of rejection not disclosed to the claimants so as to allow them to appeal further?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI SUDARSHAN BHAGAT)

(a) & (b)   The  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers  (Recognition  of  Forest Rights) Act, 2006 (in short, Forest Rights Act, 2006) seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes (STs) and other traditional forest dwellers (OTFD)s who have been residing in forests for generations. The forest rights enumerated in the Section 3 (1) of Chapter-II of this Act does not make distinction between STs and OTFDs. Hence, the Act itself does not necessitate maintenance of segregated data for STs and OTFDs. No segregated data for other traditional forest dwellers (OTFD) is maintained by this Ministry. As per information received from States/UTs, upto 30.09.2018, a total of 18,89,835 titles have been recognized and 19,34,345 have been rejected under Forest Right Act, 2006.

As per section 2 (o) of the Forest Rights Act, 2006, 'other traditional forest dweller' means any member or community who has for at least three generations prior to the 13 th Day of December, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs. Further, under the Forest Rights Act, 2006, the only authority/institution at village level is the Gram Sabha which is to initiate the process for determining the nature and extent of individual or community rights or both that may be given to the forest dwelling STs and OTFDs within the local limits of its jurisdiction under this Act. Further, in terms of Section 2 (g) of the Act 'Gram Sabha' means a village assembly which shall consist of all adult members of village with full and unrestricted participation of women. Since the Act itself provides that all adult members of a villages with full and unrestricted participation of women shall be members of 'Gram Sabha', hence representation of OTFDs in village level institutions for Forest Rights Act is already ensured without any discrimination.

(c) Authorities and procedure for vesting of forest rights enumerated in Section 6 of Chapter IV  of  this  Act  does  not  make  distinction  between  STs  and  OTFDs.  Any  person  aggrieved  by  the resolution of Gram Sabha may prefer a petition to the Sub-Divisional Level Committee within sixty days and similarly,  a  person aggrieved by the decision of Sub-Divisional Committee may refer the petition to the District Level Committee with in sixty days. Rule, 12 (A) (3) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights), Rules, 2007 provides that in the event of modification or rejection of a claim by the Gram Sabha or a recommendation for modification or rejection of claim forwarded by the Sub-Divisional Level Committee to the District Level Committee, such decision or recommendation on the claim shall be communicated in person to the claimant to enable him to prefer a petition to the Sub-Divisional Level Committee or District Level Committee as the case may  be,  within  a  period  of  sixty  days.    Ministry  of  Tribal  Affairs  by  letter  dated  29 th June,  2018 reemphasized  the  State  Governments  that  while  rejecting  the  claims,  reasons  have  to  be  cited  by concerned authorities and communicated to claimants.

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