Lok Sabha Question No. 1690 (UNSTARRED), answered on 2023-07-31
Subject: Forest Rights Act (FRA)
Ministry: TRIBAL AFFAIRS
Asked by: Debasree Chaudhuri

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 1690

TO BE ANSWERED ON- 31/07/2023

## FOREST RIGHTS ACT (FRA)

## 1690.  MS. DEBASREE CHAUDHURI:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether there are undue interferences of the Forest Departments in the Gram Sabhas in the implementation of the Forest Rights Act (FRA);
- (b) if so, the details thereof;
- (c) the details of steps taken by the Government to address this issue;
- (d)  whether  the  challenges  are  being  faced  in  recognizing  the  forest  rights  of various communities under this Act, if so, the details thereof; and

(e) the steps taken/being taken by the Government to address the same?

## ANSWER

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

(a)  to  (e): 'The  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers (Recognition of Forest Rights) Act, 2006 (In short FRA) seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded.  As per the provisions of the Forest Rights Act, Officers of Forest Department are members in the SubDivisional Level Committee (SDLC), District Level Committee (DLC) and State Level Monitoring Committee (SLMC).  As per the provisions of Sections 6 of the Act, Gram Sabha initiates the process for determining the nature and extent of individual or community forest rights or both.  SDLC examines the resolution passed by the Gram Sabha and prepare the record of forest rights and forward it to  the  DLC  for  a  final  decision.   As  per  Section  6(7)  of  the  Act,  State  Level Monitoring Committee (SLMC) has to monitor the process of recognition and vesting of forest rights.

If  issues  related  to  implementation  of  FRA  or  interference  from  any  agency comes  to  the  knowledge  of  this  Ministry  then  the  matter  is  taken  up  with concerned State Government/UT Administration.

Further, with a view to improve coordination between the Forest Departments and Tribal Welfare Departments at the State level for smooth implementation of FRA, Ministry of Tribal Affairs (MoTA) and Ministry of Environment, Forest and Climate Change (MoEFCC) have also jointly issued a communication to the State Governments/UT Administrations wherein it has been, inter alia, urged to the Forest Department to provide a high level of support to enable expeditious implementation of the Act for recognition and vesting of forest rights.

For  effective  implementation  of  FRA,  various  steps  have  been  taken  in  the country which, inter alia, includes

- (i).   Translation  of  Act,  Rules  and  guidelines into  local  languages through the Tribal Research Institutes (TRIs), conducting awareness camps etc.

(ii).  By  issuing  suitable  instructions  /  advisories  to  the  State  Governments  to address the difficulties arising in the implementation of the Act by the States, from time to time.

(iii).  Instruction to States / UTs to review all rejected claims.

(iv). Capacity Building and training of state government officials through series of review-cum-consultation meetings, regional workshops, training on implementation  of  Forest  Rights  Act  including  virtual  training  of  trainers programme on FRA from time to time.

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