MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS(SHRI MAHADEO SINGH KHANDELA)
(a) & (b): The Ministry of Tribal Affairs enacted the Scheduled Tribes and
other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
with the objective of remedying the historical injustice done to the forest
dwelling Scheduled Tribes and other traditional forest dwellers. The Act
has substantially met this mandate through distribution of 12,68,766 titles
to the eligible claimants under the Act till 31st July, 2012. However, the
number of community rights recognized remains low and the rate of rejection
of claims is more than fifty percent.
(c) & (d): Complaints have been received over a period of time concerning
denial of rights and eviction of tribals from forest etc. These complaints have
been sent to respective States/UTs for taking necessary action as the
implementation of this Act lies with the States/UTs.
(e), (f) & (g): Yes, Madam. Several factors have come to the notice of the
Ministry that are impeding the implementation of the Act in its letter and
spirit and constraining the flow of intended benefits of this watershed
legislation to the eligible forest dwellers. The recognition of community
rights such as rights to minor forest produce, grazing areas, water bodies,
habitats of Particularly Vulnerable Tribal Groups, pastoralists’ routes
remains very low. The rate of rejection of claims is also high.
The Ministry accordingly undertook an exercise to arrive at certain
provisions/ steps for facilitating robust implementation of the Act. Pursuant
to the said exercise, the Ministry has issued guidelines to the State
Governments/ Union Territory Administrations on 12.7.2012 for improved
implementation of the Act. These guidelines pertain to process of
recognition of rights, evidence requirements, rights to minor forest
produce, community rights, community forest resource rights, protection
against eviction, diversion of forest lands and forced relocation,
awareness raising, monitoring and grievance redressal.
To facilitate efficacious translation of objectives of the Act, the
Ministry has initiated the process of amendments in the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Rules, 2008. The draft Rules titled “The Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Amendment
Rules, 2012 has been published in the Gazette of India, Extraordinary,
Part II - Section 3 - Sub-section (i), dated 19.7.2012 for inviting
objections and suggestions within one month of its publication from
all the persons likely to be affected thereby. The proposed amendments
to the Rules relate to laying down a procedure for identification of
hamlets or settlements and process of their consolidation, increasing
the mandatory Scheduled Tribe membership of Forest Rights Committees
from the present one-third to two-third, reducing the present requirement
of quorum of two-third in the gram sabha meetings to one-half, clarifying
that the term ‘bona fide livelihood needs’ includes fulfillment of
livelihood needs of self and family, including the sale of surplus
produce arising out of exercise of rights, allowing transportation
of minor forest produce within and outside forest area through locally
appropriate means of transport by gatherers or their cooperatives or
associations or federations laying down the process for recognition of
rights, including community rights, insertion of new Claim Forms for
Rights to Community Forest Resource and Title Form for Community Forest
Resources etc.
The guidelines issued by the Ministry on 12.7.2012 and the proposed
amendments to the Rules, when notified, would lead to better implementation
of the Act at the ground level. At present, there is no proposal to
amend the Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006.
