Lok Sabha Question No. 1880 (UNSTARRED), answered on 2023-03-13
Subject: Claims under Forest Rights Act
Ministry: TRIBAL AFFAIRS
Asked by: Dean Kuriakose, Arjunlal Meena, Mohammad Jawed, A. Chellakumar

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 1880

TO BE ANSWERED ON- 13/03/2023

## CLAIMS UNDER FOREST RIGHTS ACT

1880.    ADV. DEAN KURIAKOSE: SHRI ARJUN LAL MEENA: DR. MOHAMMAD JAWED: DR. A. CHELLAKUMAR:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

(a) the number of claims of Individual Forest Rights (IFR) and Community Forest Rights (CFR) under  Forest  Rights  Act  (FRA)  rejected  by  respective  administrations,  State-wise  including Rajasthan during the last three years;

(b) the number of claims of IFR and CFR under FRA rejected, specifically for Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs);

(c) the details of the common grounds on which these applications/claims were rejected by the administration;

(d)  the  number  of  land  pattas/rights  provided  under  FRA  to  the  forest  dwellers  in  the  Union Territory of Jammu and Kashmir and Rajasthan in the latest financial year i.e. 2021-2022;

(e) whether any campaign has been launched to review these claims in the said State and if so, the details thereof and if not, the reasons therefor;

(f)  whether  there  is  any  plan  to  personally  contact  or  provide  assistance  to  applicants  whose claims have been rejected; and

(g) the details thereof panchayat-wise check list of the rejected claims?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS (SHRI BISHWESWAR TUDU)

(a)  to  (g): As  per  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers  (Recognition  of Forest  Rights)  Act,  2006  (In  short  FRA)  and  rules  made  there  under  State  Governments  /  UT Administrations   are  responsible  for  implementation  of  various  provisions  of  the  Act.  As  per information  submitted  by  States  Governments  upto  the  month  of  November,  2022,  State  wise details of Individual Forest Rights (IFR) and Community Forest Rights (CFR) claims filed, titles distributed  and  claims  rejected  upto  30.11.2022  under  FRA  is  at Annexure-1 .  The  Ministry maintains cumulative figures and the segregated data of Scheduled Tribes and Other Traditional Forest  Dwellers  as  also  details  of  Panchayat  wise  list  of  rejected  claims  is  not  centrally maintained. General reasons of rejections of claims as reported by State Governments include non-occupation of forest land prior to 13.12.2005, claim being made on land other than forest land, multiple claims, lack of sufficient documentary evidence etc.

Ministry of Tribal Affairs issues advisories to the States from time to time besides meetings and conferences implementation of the FRA in accordance with the Act and Rules there under.  The states have been advised to review the cases where the claims have been rejected.

In UT of Jammu & Kashmir, recognition of rights of Scheduled Tribe Forest Dwellers (STFDs) and Other Traditional Forest Dwellers (OTFDs), is at different stages of implementation after the FRA  has  been  made  applicable  in  the  UT  of  Jammu  and  Kashmir  since  2021.   Cases  of recognition of rights had not reached finality during 2021-22, as reported by the  UT Administration.  However as reported by J&K Administration, as on 31.1.2023,  4309 cases have been approved for recognition of rights.

Annexure-1

Annexure -1 referred to in reply to part (a to g) of LSUSQ.No.1880 for 13.03.2023 Statement  of  Claims  received, titles  distributed,  claims  rejected  under  The  Scheduled Tribes  and  Other  Traditional  Forest  Dwellers  (Recognition  of  Forest  Rights)  Act,  2006 upto 30.11.2022:

| S. No.   | States            | No. of Claims received upt o 30.11.2022   | No. of Claims received upt o 30.11.2022   | No. of Claims received upt o 30.11.2022   | No. of Titles Distributed upto 30.11.2022   | No. of Titles Distributed upto 30.11.2022   | No. of Titles Distributed upto 30.11.2022   | No. of claims rejected upto 30.11.2022   | No. of claims rejected upto 30.11.2022   | No. of claims rejected upto 30.11.2022   |
|----------|-------------------|-------------------------------------------|-------------------------------------------|-------------------------------------------|---------------------------------------------|---------------------------------------------|---------------------------------------------|------------------------------------------|------------------------------------------|------------------------------------------|
| S. No.   | States            | Individual                                | Commu nity                                | Total                                     | Indivi dual                                 | Commu nity                                  | Total                                       | Individua l                              | Comm unity                               | Total                                    |
| 1        | Andhra Prad esh   | 2,81,431                                  | 3,294                                     | 2,84,72 5                                 | 2,17,98 1                                   | 1,822                                       | 2,19,803                                    | 53,871                                   | 1435                                     | 55,306                                   |
| 2        | Assam             | 1,48,965                                  | 6,046                                     | 1,55,01 1                                 | 57,325                                      | 1,477                                       | 58,802                                      | NA/NR                                    | NA/NR                                    | NA/NR                                    |
| 3        | Bihar             | 8,022                                     | NA/NR                                     | 8,022                                     | 121                                         | 0                                           | 121                                         | 4215                                     | NA/NR                                    | 4,215                                    |
| 4        | Chhattisgarh      | 8,71,457                                  | 50,889                                    | 9,22,34 6                                 | 4,46,04 1                                   | 45,764                                      | 4,91,805                                    | 3,99,341                                 | 2951                                     | 4,02,292                                 |
| 5        | Goa               | 9,758                                     | 378                                       | 10,136                                    | 472                                         | 13                                          | 485                                         | 42                                       | NA/NR                                    | 42                                       |
| 6        | Gujarat           | 1,82,869                                  | 7,187                                     | 1,90,05 6                                 | 91,686                                      | 4,597                                       | 96,283                                      | 57,054                                   | 2,243                                    | 59,297                                   |
| 7        | Himachal Pra desh | 2,746                                     | 275                                       | 3,021                                     | 129                                         | 35                                          | 164                                         | 47                                       | NA/NR                                    | 47                                       |
| 8        | Jharkhand         | 1,07,032                                  | 3,724                                     | 1,10,75 6                                 | 59,866                                      | 2,104                                       | 61,970                                      | 26,370                                   | 1,737                                    | 28,107                                   |
| 9        | Karnataka         | 2,85,874                                  | 5,862                                     | 2,91,73 6                                 | 14,783                                      | 1,344                                       | 16,127                                      | 2,40,794                                 | 3,766                                    | 2,44,560                                 |
| 10       | Kerala            | 43,889                                    | 940                                       | 44,829                                    | 27,637                                      | 190                                         | 27,827                                      | 12,183                                   | 301                                      | 12,484                                   |
| 11       | Madhya Prad esh   | 5,85,326                                  | 42,187                                    | 6,27,51 3                                 | 2,66,60 9                                   | 27,976                                      | 2,94,585                                    | 3,10,508                                 | 12,191                                   | 3,22,699                                 |
| 12       | Maharashtra       | 3,62,679                                  | 12,037                                    | 3,74,71 6                                 | 1,65,03 2                                   | 7,084                                       | 1,72,116                                    | 45,188                                   | 337                                      | 45,525                                   |
| 13       | Odisha            | 6,29,913                                  | 15,430                                    | 6,45,34 3                                 | 4,54,45 4                                   | 7,706                                       | 4,62,160                                    | 1,42,231                                 | 0                                        | 1,42,231                                 |
| 14       | Rajasthan         | 1,10,670                                  | 2,697                                     | 1,13,36 7                                 | 48,460                                      | 576                                         | 49,036                                      | 60,520                                   | 1,939                                    | 62,459                                   |
| 15       | Tamil Nadu        | 33,755                                    | 1,082                                     | 34,837                                    | 8,144                                       | 450                                         | 8,594                                       | 9,407                                    | 86                                       | 9,493                                    |
| 16       | Telangana         | 2,04,176                                  | 2,808                                     | 2,06,98 4                                 | 97,434                                      | 102                                         | 97,536                                      | 92,744                                   | 1,682                                    | 94,426                                   |
| 17       | Tripura           | 2,00,557                                  | 164                                       | 2,00,72 1                                 | 1,27,93 1                                   | 101                                         | 1,28,032                                    | 68,785                                   | 63                                       | 68,848                                   |
| 18       | Uttar Pradesh     | 92,577                                    | 1,162                                     | 93,739                                    | 18,049                                      | 861                                         | 18,910                                      | 74,460                                   | 301                                      | 74,761                                   |
| 19       | Uttarakhand       | 3,587                                     | 3,091                                     | 6,678                                     | 184                                         | 1                                           | 185                                         | 3,403                                    | 3,090                                    | 6,493                                    |
| 20       | West Bengal       | 1,31,962                                  | 10,119                                    | 1,42,08 1                                 | 44,444                                      | 686                                         | 45,130                                      | 87,333                                   | 9,254                                    | 96,587                                   |
| TOTAL    | TOTAL             | 42,97,245                                 | 1,69,372                                  | 44,66,6 17 21,46,7 82                     | 44,66,6 17 21,46,7 82                       | 1,02,88922,49,671                           | 1,02,88922,49,671                           | 16,88,496                                | 41,376                                   | 17,29,872                                |