Mains 2016: Forest Rights Act, 2006 & PESA Act, 1996

Nearly 250 million people live in and around forests in India, of which the estimated indigenous Adivasi or tribal population stands at about 100 million, constituting about 8% of India’s population.

Forest Rights Act (2006) and the Panchayats (Extension to Scheduled Areas) Act (1996) -established a framework for local self-governance in demarcated (or “scheduled”) areas.

Issues of forest dwellers-

● Forced eviction and threats , Legitimate and illegitimate deforestation
● Social alienation and depression
● Illegal looting of the forests
● Used by mafias, smugglers ending up getting arrested or tortured for petty amounts.
● At the receiving end of bureaucratic hassles
● Different views of ” development” for them and government
● Poor implementation of FRA and PESA act .
● Lack of awareness about their own rights

Forest Policy-

In 1894, the first Indian Forest Policy was adopted. The policy viewed forests as sources for generating profits and ‘stressed’ on the need to preserve forests of the hilly regions. But the hidden agenda was to consolidate the state’s property rights over the forests.
Forest Policy 1988 for the first time treated forests as ecological necessity as source of goods for local populations. These goods were called Non Timber Forest Produce (NTFP). This policy also set the target of increasing India’s forest cover to 33%.

PESA 1996-

Panchayats (Extension to Scheduled Areas) Act 1996 or PESA is a law enacted by the Centre to cover the scheduled areas, which are not covered in the 73rd amendment or Panchayati Raj Act of the Indian Constitution. It was enacted on December 24, 1996 to enable Gram Sabhas to govern their natural resources.
● Gram Sabha to protect the traditions, beliefs and culture of the tribal communities
● Gram Sabha to manage and protect common properties based on their traditional systems of management and protection
● Gram Sabha to have the rights over minor forest produce; powers to restore land to the tribals; and control over money-lending to tribals, tribal welfare activities by social organizations and local plans and sub-plans for the development of tribal areas and communities
● In the schedule areas, there will be a minimum of 50% seats reservation for Scheduled Tribes (STs) at all the tiers of Panchayat

Challenges-

● State governments generally make rules regarding functioning of TACs rather than Governor going against 5th Schedule provisions
● Government notified rural land as urban to divert land as PESA only extends to rural areas
● Lower level of awareness and education among the tribals comes in the way of raising assertive voices.
● PESA is applicable only to those areas which are legally regarded as Scheduled Areas. A significant number of tribals living outside the scheduled areas are not covered by this legislation.

Forest Rights Act 2006-

For the first time, the Government of India with passage of the Scheduled Tribes and the Other Forest Dwellers (Recognition of Forest Rights) Act 2006, admitted that ‘forest rights on the ancestral lands and their habitat were not adequately recognized in the consolidation of state forests during the colonial periods as well as in Independent India resulting in Historical injustice with the scheduled tribes and other traditional forest dwellers, who are integral to the very survival of the forest ecosystem”.

● Right to collect and sell minor forest produce (MFP)
● Recognizes the rights to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood,
● Any person belonging to a Scheduled Tribe can claim rights to live in and cultivate up to four hectares provided she has occupied it and was depended on it as of December 13, 2005.

● In case of a non-tribal, in addition to this requirement, she will have to prove her family’s residence in the vicinity of the forest land for 75 years prior to December 2005.
● Right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.
● FRA clearly states CFR rights apply not just to village forests, but also to protected forests, reserved forests (which have more restricted access than protected forests), and even protected areas like wildlife sanctuaries and national parks

Challenges-

● The process of documenting tribal claims is not an easy, involving democratically constituted gram sabhas (village assemblies) as per the provisions of the 73rd constitutional amendment on panchayati raj and PESA.
● Not recognising common property resources that tribes collectively manage and live off is not only economic injustice, but also breaks the (in many senses, highly evolved) traditional order of tribal societies.
● The process of documenting communities’ claims under the FRA is intensive – rough maps of community and individual claims are prepared democratically by Gram Sabhas. These are then verified on the ground before being submitted to relevant authorities.

Way Ahead-

● Amend the Coal-Bearings Areas Act 1957 to return land to original holders after mine-exhaustion as recommended by Xaxa Committee
● Introducing better source of employment, providing them skill to better utilise the forest resource without harming it
● Recognizing that they are inherent dwellers of the land and any development has to take them along. Also, Increase awareness among people about their rights

Reference-
1. Economic Times-down memory lane forest rights act yet to achieve major milestones , by G.Seetharaman
2. PRS website