Status of Implementation of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

Abstract

Implementation of the Forest Rights Act, 2006 has largely succeeded in empowering the forest dwellers in general and the Scheduled Tribes in particular by restoring their rights in the forest lands occupied by them traditionally. The empowerment is in terms of securing their rights followed by entitlement for various additional privileges and facilities through convergence mode. The study 'Status of implementation of the STs and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006' was assigned to SCSTRTI by the State Level Monitoring Committee, Odisha with a purpose to understand the latest status as well as the progress made since the notification of the FRA so as to consider policy changes (if any) and/or necessary administrative reforms to ensure that the Act is implemented in its letter and spirit covering all the target groups, areas and issues. Odisha holds the distinguished record of maintaining its first place in the country in distributing the highest number of Individual Forest Rights (IFR) titles. It is also in Odisha that CFRR titles were granted for the first time in the country in a Protected Area (Similipal Tiger Reserve). Besides, the study also documented several good practices which the State has adopted such as issuing comprehensive guidelines for correction of RoR, Pilot initiatives like preparation of microplan for the Jamguda CFR (bamboo forest) and deregulation of kendu leaf in limited areas of the state. The study also identified major gaps in implementation process like lack of proper demarcation, slow progress in recognition of CFR titles, non-recognition of habitat rights, conflict between forest rights and wildlife conservation and FRA implementation in municipal areas, etc..The FRA has drastically failed to secure the rights of the Other Traditional Forest Dwellers, causing severe injustice in their cases. The study also recommended few administrative and policy level reforms like setting up of dedicated FRA cells at State and district level to track and monitor FRA implementation and extend technical support to govt. officials in implementation of the Act, State-level statutory bodies like the SLMC and the Tribes Advisory Council (TAC) need to sit regularly and review the progress in a comprehensive manner. Special drive need to be taken up for recognition of Community Rights and CFR rights on a mission mode, rights of OTFDs need to be recognized and recognition of habitat rights need to taken up on a priority basis.