Current Affairs Question - 17 November 2020

India Watch

Forest Rights Act, 2006

Consider the following statements with reference to the Forest Rights Act, 2006:

The Act recognizes and vests the forest rights and occupation in Forest land in forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have been residing in such forests for generations.
The Act identifies three types of Rights: Title Rights, Use Rights and Relief and Development Rights.
Under the Act, Forest Rights can also be claimed by any member or community who has for at least three generations (75 years) prior to the 13th day of December, 2005 primarily resided in forest land for bona fide livelihood needs.

Which of the statement(s) given above is/are correct? Choose the correct answer from the code given below:

	A	1 and 2

	B	2 and 3

	C	1 and 3

	D	1, 2 and 3

View Explanation

Explanation :

Context: Review petition of over 1,000 tribals from Mysore District, Karnataka for recognition of their claims over forest land under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, has been rejected by the local authorities.

Forest Rights Act

The Act passed in 2006 grants legal recognition to the rights of traditional forest dwelling communities.
It recognize and vest the forest rights and occupation in Forest land in forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD)who have been residing in such forests for generations.
The Act also establishes the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance of FDST and OTFD.

Rights under the Act

Title Rights – i.e. ownership – to land that is being farmed by tribals or forest dwellers as on 13 December 2005, subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family as on that date, meaning that no new lands are granted.
Use Rights – to minor forest produce (also including ownership), to grazing areas, to pastoralist routes, etc.
Relief and Development Rights – to rehabilitation in case of illegal eviction or forced displacement; and to basic amenities, subject to restrictions for forest protection.
Forest Management Rights – to protect forests and wildlife.

Eligibility Criteria

According to Section 2(c) of Forest Rights Act (FRA), to qualify as Forest Dwelling Scheduled Tribe (FDST) and be eligible for recognition of rights under FRA, three conditions must be satisfied by the applicant/s, who could be “members or community”:

(i)Must be a Scheduled Tribe in the area where the right is claimed; and
(ii)Primarily resided in forest or forests land prior to 13-12-2005; and
(iii) Depend on the forest or forests land for bona fide livelihood needs.

And to qualify as Other Traditional Forest Dweller (OTFD) and be eligible for recognition of rights under FRA, two conditions need to be fulfilled:

(i)Primarily resided in forest or forests land for three generations (75 years) prior to 13-12-2005.

Depend on the forest or forests land for bona fide livelihood needs.

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