Lok Sabha Question No. 2938 (UNSTARRED), answered on 2023-08-07
Subject: Forest Right Act, 2006
Ministry: TRIBAL AFFAIRS
Asked by: Imtiaz Jaleel Syed

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO- 2938

TO BE ANSWERED ON- 07/08/2023

## FOREST RIGHTS ACT, 2006

## 2938.  SHRI SYED IMTIAZ JALEEL:

Will the Minister of TRIBAL AFFAIRS be pleased to state :

- (a) whether the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 is applicable in Protected Areas;
- (b) whether these rights are recognized in existing protected areas;
- (c) the list of claims and titles provided under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, protected area-wise;
- (d) the list of community forest resource rights and individual rights separately;
- (e) the details of the total area claimed and vested under the said Act;
- (f) the number of Individual Forest Rights titles under the said Act have been distributed in Protected Areas in the country; and
- (g) the total area distributed in the protected areas?

## ANSWER

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

(a) & (b): As per Section 3(1) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short FRA) read with Section 2(d) thereof, seeks to recognize and vest forest rights (both individual and community) in Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) as defined under Section 2(c) & 2(o) of FRA respectively in the land of any description falling within any forest area and includes unclassified forests, undermarcated forests, existing or deemed forests, protected forests, reserved forests, Sanctuaries and National Parks. The Act strives to undo the historical injustice meted out to  forest  dwelling  communities  by  recognizing  their  rights  over  the  land,  forest  and  natural resources that they conserved and managed traditionally for generations.

(c) to (g): As per FRA and rules made there under State Governments / UT Administrations are responsible  for  implementation  of  various  provisions  of  the  Act.  The  State  Governments  /UT administrations  submit  the  Monthly  Progress  Reports  (MPRs)  to  this  Ministry  regarding implementation of FRA. The MPR, inter alia, contains State-wise data regarding individual and community claims filed, titles distributed, claims rejected, extent of forest land for which titles distributed.  State-wise consolidated details of number of claims received and titles distributed for individual and community rights under FRA upto 31.03.2023 is at Annexure 1 . Detail of total area claimed is not maintained centrally.

Out of the rights enumerated under Section 3(1) (a) to (m) of FRA, the rights listed in clauses (b), (c), (d), (e), (h), (i), (j), (k) and (l) thereof have been defined as 'community rights' under Rule 2(c) of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 as amended in 2012. Rights under Section 3 (1) (i) of FRA relates to rights to protect, regenerate  or  conserve  or  manage  any  community  forest  resource  which  they  have  been traditionally protecting and conserving for sustainable use, which is defined under Section 2(a) and reads as below:

"community forest resource" means customary common forest land within the traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities,  including  reserved  forests,  protected  forests  and  protected  areas  such  as Sanctuaries and National Parks to which the community had traditional access;'

List of rights as provided under Section 3(1) of FRA is at Annexure 2 .

The protected area-wise list of claims and titles provided under FRA is not centrally maintained.

## Annexure-1

Annexure1 referred to in reply to part (c) to (g) of Lok Sabha Unstarred Question No. 2938 for answer on 07.08.2023 State  wise  details  of  claims  received,  titles  distributed  and  the  extent  of  forest  land  for  which  titles  distributed (individual and community), as on 31.03.2023

| S. N o.   | States           | No. of Claims received upto 31. 03.2023   | No. of Claims received upto 31. 03.2023   | No. of Claims received upto 31. 03.2023   | No. of Titles Distributed upto 31. 03.2023   | No. of Titles Distributed upto 31. 03.2023   | No. of Titles Distributed upto 31. 03.2023   | Extent of Forest land for which ti tles distributed (in acres)   | Extent of Forest land for which ti tles distributed (in acres)   | Extent of Forest land for which ti tles distributed (in acres)   |
|-----------|------------------|-------------------------------------------|-------------------------------------------|-------------------------------------------|----------------------------------------------|----------------------------------------------|----------------------------------------------|------------------------------------------------------------------|------------------------------------------------------------------|------------------------------------------------------------------|
| S. N o.   | States           | Individual                                | Commun ity                                | Total                                     | Individual                                   | Communit y                                   | Total                                        | Individual                                                       | Communi ty                                                       | Total                                                            |
|           |                  | 1                                         | 2                                         | 3                                         | 4                                            | 5                                            | 6                                            | 8                                                                | 9                                                                | 10                                                               |
| 1         | Andhra Pr adesh  | 2,81,431                                  | 3,294                                     | 2,84,725                                  | 2,22,832                                     | 1,822                                        | 2,24,654                                     | 4,49,377                                                         | 5,26,454                                                         | 9,75,831.00                                                      |
| 2         | Assam            | 1,48,965                                  | 6,046                                     | 1,55,011                                  | 57,325                                       | 1,477                                        | 58,802                                       | NA/NR                                                            | NA/NR                                                            | NA/NR                                                            |
| 3         | Bihar            | 8,022                                     | NA/NR                                     | 8,022                                     | 121                                          | 0                                            | 121                                          | NA/NR                                                            | NA/NR                                                            | NA/NR                                                            |
| 4         | Chhattisg arh    | 8,77,173                                  | 50,988                                    | 9,28,161                                  | 4,57,145                                     | 45,965                                       | 5,03,110                                     | 9,19,324.13                                                      | 49,47,209. 61                                                    | 58,66,533.7 4                                                    |
| 5         | Goa              | 9,758                                     | 378                                       | 10,136                                    | 472                                          | 13                                           | 485                                          | 884.37                                                           | 18.16                                                            | 902.53                                                           |
| 6         | Gujarat          | 1,82,869                                  | 7,187                                     | 1,90,056                                  | 91,686                                       | 4,597                                        |                                              | 96,2831,56,924.55                                                | 12,36,490. 19                                                    | 13,93,414.7 4                                                    |
| 7         | Himachal Pradesh | 2,746                                     | 275                                       | 3,021                                     | 129                                          | 35                                           | 164                                          | 5.96                                                             | 4,741.80                                                         | 4,747.76                                                         |
| 8         | Jharkhand        | 1,07,032                                  | 3,724                                     | 1,10,756                                  | 59,866                                       | 2,104                                        |                                              | 61,9701,53,395.86                                                | 1,03,758.9 7                                                     | 2,57,154.83                                                      |
| 9         | Karnataka        | 2,85,874                                  | 5,863                                     | 2,91,737                                  | 14,782                                       | 1,345                                        | 16,127                                       | 19,998.38                                                        | 36,340.52                                                        | 56,338.90                                                        |
| 10        | Kerala           | 44,080                                    | 964                                       | 45,044                                    | 27,665                                       | 190                                          | 27,855                                       | 36,647.40                                                        | 7,61,489.6 2                                                     | 7,98,137.02                                                      |
| 11        | Madhya P radesh  | 5,85,326                                  | 42,187                                    | 6,27,513                                  | 2,66,609                                     | 27,976                                       | 2,94,585                                     | 9,02,750.46                                                      | 14,63,614. 46                                                    | 23,66,364.9 2                                                    |
| 12        | Maharasht ra     | 3,87,857                                  | 11,358                                    | 3,99,215                                  | 1,96,969                                     | 8,301                                        | 2,05,270                                     | 4,55,382.76                                                      | 32,78,880. 77                                                    | 37,34,263.5 4                                                    |
| 13        | Odisha           | 6,31,951                                  | 15,461                                    | 6,47,412                                  | 4,56,003                                     | 7,810                                        | 4,63,813                                     | 6,68,661.95                                                      | 3,74,138.4 7                                                     | 10,42,800.4 2                                                    |

| 14    | Rajasthan                | 1,11,285   | 2,697    | 1,13,982   | 48,515    | 593      | 49,108            | 68,312.90         | 52,300.30       | 1,20,613.20     |
|-------|--------------------------|------------|----------|------------|-----------|----------|-------------------|-------------------|-----------------|-----------------|
| 15    | Tamil Na du              | 34,877     | 2,584    | 37,461     | 10,536    | 531      | 11,067            | 9,626.44          | NA/NR           | 9,626.44        |
| 16    | Telangana                | 2,04,176   | 2,808    | 2,06,984   | 97,434    | 102      | 97,5363,10,916.00 | 97,5363,10,916.00 | 3,631.00        | 3,14,547.00     |
| 17    | Tripura                  | 2,00,557   | 164      | 2,00,721   | 1,27,931  | 101      | 1,28,032          | 4,65,192.88       | 552.40          | 4,65,745.28     |
| 18    | Uttar Prad esh           | 92,577     | 1,162    | 93,739     | 18,049    | 861      | 18,910            | 19,190.27         | 1,20,776.0 0    | 1,39,966.27     |
| 19    | Uttarakha nd             | 3,587      | 3,091    | 6,678      | 184       | 1        | 185               | 0.00              | 0.00            | 0.00            |
| 20    | West Ben gal             | 1,31,962   | 10,119   | 1,42,081   | 44,444    | 686      | 45,130            | 21,014.27         | 572.03          | 21,586.29       |
| 21    | Andman& Nicobar Is lands | 0          | 0        | 0          | 0         | 0        | 0                 | 0.00              | 0.00            | 0.00            |
| 22    | Ladakh                   | 0          | 0        | 0          | 0         | 0        | 0                 | 0.00              | 0.00            | 0.00            |
| 23    | Jammu& Kashmir           | 32,207     | 10,224   | 42,431     | 315       | 4,190    | 4,505             | NA/NR             | NA/NR           | NA/NR           |
| TOTAL | TOTAL                    | 43,64,312  | 1,80,574 | 45,44,886  | 21,99,012 | 1,08,700 | 23,07,712         | 46,57,605.5 8     | 1,29,10,96 8.30 | 1,75,68,573. 88 |

NA/NR-Related figure is either not available or not reported.

## Annexure 2 referred to in reply to part (c) to (g) of Lok Sabha Unstarred Question No. 2938 for answer on 07.08.2023

## List of Rights as provided under Section 3(1) of FRA

- (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 entitlements 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 preagricultural communities;
- (f) rights in or over disputes 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) rights 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 tribal 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 or 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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