Lok Sabha Question No. 4545 (UNSTARRED), answered on 2025-03-27
Subject: Habitat Rights under Forest Rights Act
Ministry: TRIBAL AFFAIRS
Asked by: Shri Sasikanth Senthil

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 4545

To Be Answered On- 27/03/2025

## HABITAT RIGHTS UNDER FOREST RIGHTS ACT

4545. Shri Sasikanth Senthil:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether the Government is aware of the misinterpretation and mistranslation of the word Habitat under section 3(1)(e) of the Forest Rights Act and if so, the details thereof along with the steps being taken to correct this misinterpretation;
- (b) the number of Particularly Vulnerable Tribal Groups (PVTGs), out of the nearly 75 PVTGs, granted Habitat Rights till 31.12.2024; and
- (c) whether the members belonging to PVTGs have been displaced from their habitats to make way for starting/expansion of mining operations and for any developmental activity during the last ten years and if so, the details thereof?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS (SHRI DURGA DAS UIKEY)

- (a): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short, FRA) under Section 3(1)(e) has the provision for recognition and vesting of rights including community tenures of habitat and habitation for PVTGs, which ensure that PVTGs are entitled to the protection of their traditional habitats. Section2 (h) defines 'habitat' for the PVTG community.

Ambiguity in  the word 'habitat' under Section 3(1)(e) was noted by the Ministry since it was translated as 'Awas'. As a result, some States had equated the term "habitat" to mean providing housing facilities as under Indira Awas Yojana and other such housing schemes. In this regard, the Ministry of Tribal Affairs has issued clarification to all Chief Secretaries on 23.04.2015 stating that FRA clearly lays down the definition of habitat under Section 2(h), and further describes that forest right to such habitat under Section 3(1)(e). Ministry in the same letter has also clarified areas over which customary tenures may be recognized.

(b): FRA, recognizes the rights of all eligible  forest dwelling tribes and traditional forest dwellers who have been dependent upon such forests. The Act and Rules made there under   provides   framework  for  vesting  of  these  Rights  including  the  Habitat  Rights  for

PVTGs.   As  reported  by  State  Governments,  so  far,  Odisha,  Madhya  Pradesh  and Chhattisgarh have vested Habitat Rights for 10 PVTGs in 14 districts.

(c): Ministry  of  Rural  Development,  Department  of  Land  Resources  (DoLR)  which  is Nodal  Ministry  at  the  Centre  for  land  related  matters  has  informed  that  Land  and  its management fall under the exclusive legislative and administrative jurisdiction of States as provided under the Constitution of India (Seventh Schedule- List II (State List)- Entry No. (18).  Further  the  land  acquisition  is  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 (RFCTLARR) Act, 2013, being administered by DoLR. Thus, the Ministry of Tribal Affairs does not have information  regarding  the  displacement  of  members  belonging  to  PVTGs  from  their habitats to make  way  for starting/expansion of mining operations and for any developmental  activity.  However,  Ministry  of  Tribal  Affairs  regularly  impresses  upon State Governments to ensure compliance with provisions in the Constitution of India and other  legislations so as to protect the interest of the Scheduled Tribe community (including PVTGs) and ensure fair rehabilitation.

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