Lok Sabha Question No. 60 (UNSTARRED), answered on 2022-07-18
Subject: Forest Right Act
Ministry: TRIBAL AFFAIRS
Asked by: Uttam Kumar Nalamada Reddy

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO- 60

TO BE ANSWERED ON- 18/07/2022

## FOREST RIGHT ACT

## 60.   SHRI UTTAM KUMAR REDDY NALAMADA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

(a)whether it is true that the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are not being implemented in Telangana;

(b) the number of STs and Other Traditional Forest Dwellers (OFTDs) who have been displaced from their land in the last five years, State/UT-wise and the reasons for their displacement;

(c)  the  number of complaints received by the Government regarding the violation of the Forest Rights Act in the last 5 years, State/UT wise and the details thereof; and

(d)whether the Government is considering/has implemented any plans to include forest dwellers and their interests in the protection and conservation of forests and if so, the details thereof?

## ANSWER

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

(a): As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest  Rights)  Act,  2006  (in  short  FRA)  and  rules  thereunder,  the  responsibility  for implementation of the Act lies with State Governments/UT Administrations. The FRA is  being  implemented  in  Telangana.  As  per  the  information  received  from  State Government of Telangna a total of 97,536 (97,434 individual and 102 community) titles have been distributed upto 31.03.2022 under FRA.

(b): Ministry of Rural Development,  Department of Land Resources (DoLR), which is the   nodal  Ministry  dealing  with  land  acquisition  matter,  have  informed  that  the  land acquisition undertaken by the Central and State Governments under various Central and State  Acts,  including  the  Right  to  Fair  Compensation  and  Transparency  in  Land Acquisition,  Rehabilitation  and  Resettlement  Act,  2013  (RFCTLARR  Act,  2013), which is being administered by DoLR and the provisions of RFCTLARR Act, 2013 are implemented by appropriate Government as defined under Section 3 (e) of the said Act. There is no central database relating to land acquisition for States or other Ministries / Department concerned including details of Displacement of Tribals.

Section 4 (5) of the FRA states that save as otherwise provided, no member of a forest dwelling  Scheduled  Tribe  of  Other  Traditional  Forest  Dweller  shall  be  evicted  or removed from the Forest Land under his occupation till the recognition and verification procedure is complete.

(c): The  Ministry  has  designated  an  officer  as  DirectorGrievances.    Whenever  a complaint  /grievance  is  received  by  the  Director  Grievances  or  on  CPGRAMS,  in connection with FRA implementation it is attended to and replied upon suitably. The concerned State Government are also asked to take appropriate remedial action if the complaint/grievance is related to compliance of the provisions of FRA,as  the responsibility for implementation of the Act lies with State Governments/UT Administrations.

(d): The  forest  dwellers  are  already  included  in  the  process  of  protection  and conservation of forests. The Section 5 of FRA provides that the holders of any forest right holders, Gram Sabha and village level institutions in area where there are holders of any forest right under the Act are empowered to:

(a)protect the wild life, forest and biodiversity;

(b)ensure that adjoining catchments area, water sources and other ecological sensitive areas are adequately protected;

(c)ensure  that  the  habitat  of  forest  dwelling  Scheduled  Tribes  and  other  traditional forest  dwellers  is  preserved  from  any  form  of  destructive  practices  affecting  their cultural and natural heritage;

(d)ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity which adversely affects the wild animals, forest and the biodiversity are complied with.

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