INDIA BUSINESS WORLD - JANUARY 1^st - JANUARY 15^th - 2008

FOREST RIGHTS ACT WILL UNDO INJUSTICE, SAYS MINISTRY

With the just-operational Forest Rights Act receiving flak both from the wildlife lobby and the tribal rights groups, the Tribal Affairs Ministry has came out with a note on the new law, asserting that it would finally help undo the injustice to tribals and other forest dwellers and help conserve wildlife.

The Rules for the implementation of the Scheduled Tribes and other Traditional Forest Dwellers (recognition of forest rights) Act were notified yesterday.

An official release said under the new law forest dwellers had the right to cultivate forest land to the extent under occupation. They enjoyed the right to own, collect, use and dispose of minor forest produce, rights inside forests which are traditional and customary like grazing.

According to the Act, these rights will be enjoyed by tribals who have been living in and depending on forests for their livelihood prior to December 13, 2005, and other traditional forest dwellers who have been living in and depending on forests for their livelihood, for three generations prior to December 13, 2005.

Gram Panchayats will call for claims, which will be examined by Forest Rights Committee consisting of 10-15 members of Gram Panchayats. At least one-third of these members will be scheduled tribe and one-third women.

The committee will visit the site and physically verify the nature and extent of the claims. After satisfying itself, it shall forward its recommendations to Sub Divisional level Committee, which will further send the proposal to the district level committee for final consideration.

The District level committee will also have three members from district panchayats of whom at least two shall be the Scheduled Tribes, preferably those who are forest dwellers or who belong to the primitive tribal groups.

It provides for recognition of forest rights of other traditional forest dwellers provided they have for at least three generations prior to December 13, 2005 primarily resided in and have depended on the forest or forest land for bonafide livelihood needs.

A "generation" for this purpose would mean a period comprising 25 years.

The rights will not be conferred for an area exceeding four hectares.

The Act provides for conferring rights in the National Parks and Sanctuaries also, renamed as 'critical wildlife habitat' on regular basis.

It gives the right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers.