Watch Free Classes
UPSC » Daily News Analysis ‘Centre Defends Forest Rights Act (FRA), 2006 in the Supreme Court’ : 24 October

Daily News Analysis ‘Centre Defends Forest Rights Act (FRA), 2006 in the Supreme Court’ : 24 October

Table of Content

Background of the Case:

  • The NGO Wildlife First and others had filed a petition in the Supreme Court challenging the constitutional validity of the FRA and its 2012 Rules, claiming the law conflicted with wildlife and forest conservation laws.
  • The petition also questioned the definition of ‘community’, the vesting of rights to non-ST communities, and alleged misuse of forest resources under the Act.

Centre’s Defence Before the Supreme Court:

  • Constitutional Competence:
      • The FRA is within Parliament’s authority, as forests and wildlife are in the Concurrent List (List III) of the Constitution.
      • It aligns with Articles 46 (promotion of SC/ST interests) and 21 (right to life and livelihood).
  • Purpose and Spirit of the Law:
    • The FRA goes beyond land ownership regularisation, aiming to restore dignity, livelihoods, and cultural identity of forest-dwelling communities.

About the Forest Rights Act (FRA), 2006:

  • The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), came into force on December 31, 2007.
  • It seeks to recognise and vest forest rights and occupation in forest land for forest-dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) who have lived in forests for generations but whose rights were not formally recorded during colonial and post-independence forest laws.

Objectives:

  • To correct the historical injustice done to forest-dwelling communities.
  • To ensure their livelihood security and social, economic, and cultural rights.
  • To strengthen conservation through community participation rather than exclusion.

Key Provisions:

  • Individual Forest Rights (IFRs): Rights to hold and live on forest land for self-cultivation and habitation (up to 4 hectares per family).
  • Community Forest Rights (CFRs): Rights of village communities to access, use, and manage forest resources, including minor forest produce.
  • Community Forest Resource (CFR) Management: Empowering Gram Sabhas to protect, regenerate, and conserve forests.
  • Minor Forest Produce (MFP) Rights: Right to collect, use, and sell non-timber forest produce such as bamboo, tendu leaves, honey, wax, and medicinal plants.
  • Other Rights: Rights to grazing, fishing, cultural and religious practices, and protection against forced eviction.
  • Institutional Framework: Gram Sabha → Sub-Divisional Level Committee (SDLC) → District Level Committee (DLC) form the three-tier structure for claim verification and approval.

Why in News?

  •  The Ministry of Tribal Affairs (MoTA) has defended the Forest Rights Act (FRA), 2006 and its 2012 Rules in the Supreme Court.