The Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 seeks to recognize and vest the forest
rights and occupation in forest land in forest dwelling Scheduled Tribes and
other traditional forest dwellers who have been residing in such forests for
generations but whose rights could not be recorded. More than 32.22 lakh claims have been filed under
the Forest Rights Act. Out of them, 27,56,827 claims have been disposed off, which is 86%
of total number. Out of claims accepted more than 12.63lakh
titles have been distributed. As per the information collected 31st
may 2012.
The Section 3 of the Act specifies the forest rights of
forest dwelling Scheduled Tribes and other traditional forest dwellers that are
to be recognized and vested under the Act. One of the forest rights specified
in the said Section relates to the right of ownership, access to collect, use,
and dispose of minor forest produce which has been traditionally collected
within or outside village boundaries. The Act was notified for operation with
effect from December, 2007. As per the provisions of the Act and the Rules
framed thereunder, the responsibility for
implementation of the Act lies with the State/UT Governments. The claims for
recognition of forest rights under the Act are adjudicated as per the procedure
laid down in the Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Forest Rights) Rules, 2008 notified on 1st January, 2008 for
implementing the provisions of the Act. Rejection of claims is an outcome of a
quasi judicial process. The law also provides for petitions to Sub Divisional
Level and District Level Committees. However, in order to address various
issues relating to implementation of the Act including the problem of rejection
of claims, the Ministry has also taken the following measures:
(i) The State Governments were
instructed to categorize all rejections, with their numbers, on a statistically
acceptable sampling basis, at the level of Gram Sabha
and Sub-Divisional Level Committees, in different categories, to find out the
categories/reasons for their rejections, and to meet the expenses for this
survey out of the grants under Article 275(1) proviso, as communicated to the
States.
(ii) The State Governments have been advised to provide the
Gram Sabhas with the assistance of facilitators in
order to overcome the difficulties experienced by the claimants in accessing
the requisite evidence in support of their claims, and also to facilitate
claims, especially those of PTGs.
(iii) The State Governments have also been advised that the
natural justice demands that the period allowed for filing petition shall count
from the date of communication of the orders. Like-wise, the rejection of a
claim by the District Level Committee should also be communicated for seeking redressal.
(iv) A review meeting
with the State Secretaries/ Commissioners of Tribal Welfare Development
Departments was also held at New Delhi to ascertain the categories/causes of
rejection of claim.
PKM