Lok Sabha Question No. 492 (UNSTARRED), answered on 2024-07-25
Subject: Implementation of Forest Rights Act
Ministry: TRIBAL AFFAIRS
Asked by: Shri Hibi Eden

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO - 492

TO BE ANSWERED ON- 25/07/2024

## IMPLEMENTATION OF FOREST RIGHTS ACT

## 492 SHRI HIBI EDEN:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a)  whether the Ministry is aware of a study conducted by Delhi-based NGO - Call for Justice, on the implementation of Forest Rights Act across five States, wherein varying gaps were found in implementation;
- (b)  whether the Ministry set up any fact finding committee to enquire into this study;
- (c)  if so, the details thereof; and
- (d)   the  steps taken by the Government to avoid land grab and violation of other overlapping laws like Wildlife Protection Act?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS (SHRI DURGADAS UIKEY)

(a)to  (c): Yes  Sir,  Ministry  of  Tribal  Affairs(  MoTA)  is  aware  of  the  study conducted by Delhi-based NGO Call for Justice( CFJ). CFJ had presented the report on 30 th March 2024 to Hon'ble Minister of Tribal Affairs and the issues pointed by CFJ were deliberated in detail.  CFJ, based on study done in select districts of five States has identified certain challenges in the implementation of FRA like pendency of claims, approval of less acreage and lack of capacity of stakeholders etc.

Ministry of Tribal Affairs, being the Nodal Ministry for monitoring and administering  the  legislative  matters  of  'Scheduled  Tribes  and  Other  Forest Dwellers  Recognition  of  Forest  Rights  Act  2006'  (in  short  FRA).  As  the responsibility of  implementing the Act is with States, Ministry has been issuing directions and guidelines to States from time to time on various aspects to ensure the proper implementation of the Act.

MoTA has  also  approved  many  studies  to  State  Tribal  Institutes  for  evaluating implementation  of  FRA  and  its  impact  on  the  forest  dwelling  communities.   In consonance  with  the  findings  of  all  such  studies  Ministry  has  been  issuing instructions  and  also  engaging  with  State  Tribal  welfare  departments  and  Civil Society organizations to discuss the issues related with implementation of FRA. In last few years, Ministry has conducted  several National Level Conferences and Brainstorming  Sessions,  Video  Conferences  etc  with  State  Officials  of  Tribal welfare Departments including District collectors where the members of CSOs are invited  to  discuss  the  ways  to  strengthen  the  implementation  process  of  FRA. Pursuant to these deliberations Ministry in coordination with Ministry of Panchayati Raj  has   initiated  capacity  building  programme  of  all  stake  holders  including community and its leaders. Additionally, to resolve issues related to coordination with officials of forest department and to converge facilities like housing, irrigation, schools, roads, benefits of other Govt schemes etc to IFR and CFR holders MoTA and Ministry of Environment Forest and Climate Change, have issued second Joint advisory  on  14 th March  2024.  Another  Joint  advisory  addressed  to  all  Chief Secretaries of States/UTs was issued on 06 th July 2021.

(d): To  avoid  land  grabs  and  violations,  if  any,  due  to  other  overlapping  laws, Ministry  of  Tribal  Affairs  has  issued  instructions  to  Chief  Secretaries  of  states having scheduled areas, reiterating the special provisions enshrined in the Constitution to protect the interest of Scheduled Tribe community and urging them to ensure that the interest of the Scheduled Tribes is guarded properly in terms of Constitutional provisions and various laws meant to provide safeguards to the STs and to provide benefits / compensation due and admissible to the STs in full measure. The provisions  under different  Acts  and  constitutional  safeguards  are  detailed  at Annexure I .

Annexure referred to in reply to part (d) of Lok Sabha Unstarred Question No.  492  for  answer  on  25.07.2024  regarding  'Implementation  of  Forest Rights Act'

## Special  provisions  in  the  Constitution  of  India  to  protect  the  interest  of Scheduled Tribe community, some of them are as follows:

(1) Constitutional  provisions  under  Schedule  -  V provide  for  safeguards against displacement of tribal population because of land acquisitions etc. The Governor of the State which has scheduled Areas is empowered to prohibit or restrict transfer of land from tribals and regulate the allotment of land to members of  the  Scheduled  Tribes  in  such  cases.  Para  5.2  of  the  V  Schedule  of  the Constitution has a predominant  object of imposing  total prohibition on transferring immovable property in a scheduled area to any person other than a tribal.

(2) The Panchayats (Extension to the Scheduled Areas) Act, 1996 (in short PESA) also provides that "The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before re-settling or rehabilitating persons affected by such projects in the Scheduled Areas".

(3) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act " (in short, FRA) enacted in 2006 provides adequate safeguards to avoid any displacement of tribal population but also seeks to involve democratic institutions in the process of recognition and vesting of forest rights at the grassroots level.

a)  Section  4(2)(4)  of  FRA stipulates  that  the  right  shall  be  heritable  but  not alienable or transferable and shall be registered jointly in the name of both the spouses in case of married persons and in the name of the single head in the case of a household headed by a single person and in the absence of a direct heir, the heritable right shall pass on to the next-of-kin.

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

(4) The  Scheduled  Castes  and  the  Scheduled  Tribes  (Prevention  of Atrocities)  Act,  1989 provides  wrongfully  dispossessing  members  of  the Scheduled Tribes from their land or premises or interfering with the enjoyment of  their  rights,  including  forest  rights,  over  any  land  or  premises  or  water  or irrigation facilities or destroying the crops or taking away the produce there from amount to offence of atrocities and are subject to punishment under the said Act.

(5) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation,  and  Resettlement  Act,  2013 (RFCTLARR  Act,  2013)  has special provisions for STs, which have been spelled out under Sections 41 and 42.

(i) The First  Schedule  of  the  RFCTLARR Act provides for compensation for land owners. As per Section 3(r)(ii) of the RFCTLARR, 2013, 'land owner' includes any person who is granted forest rights under FRA, 2006(2 of 2007) or under any other law for the time being in force.

(ii) The  Second  Schedule of  the  RFCTLARR ,  provide  for  element  of rehabilitation and resettlement for all the effected families (both land owners and the families whose livelihood is primarily dependent on land acquired) in addition to those provided in the first Schedule.

(iii) The Third Schedule of the RFCTLARR, provide for infrastructural amenities for a reasonably habitable and planned settlement in the resettlement  area.  Right  to  Fair  Compensation  and  Transparency  in  Land Acquisition, Rehabilitation and RFCTLARR Act, 2013 further spells out the procedure for identification of the affected persons/ families [sub-section (c) of Section 3], determining and calculating the compensation amount (Section 26  to  29),  as  well  as  mechanisms  for  developing  rehabilitation  and resettlement processes (Chapters V and VI).

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