Status Of OTFD Entitlement Under FRA: An Empirical And Case Study Based Analysis

Abstract

The enactment of the "Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in short Forest Rights Act (FRA)" is a means to undo a historical injustice inflicted in perpetuity to marginalized forest dependent communities of the country since ages. By virtue of this law, the State recognizes and vests forest rights in favour of the Scheduled Tribes and Other Traditional Forest Dwellers (OTFDs) who have been residing in forests for generations but whose rights were not recorded. As mandated under FRA, OTFDs are required to prove continuous residence or dependence in the areas being claimed for three generations (75 years). This dates back to a period when most of these areas were under princely states or zamindars, with no survey or land demarcation, and no government records. Thus, these equally deserving communities are unable to produce documentary evidence to support their claims. The differentiated eligibility of ST and OTFD claimants as mentioned in the Act happens to be one of the major limitations, which, compounded by the ambiguity in the wording of the Act, has disadvantaged the latter severely. In this context, the study on "Status of OTFD Entitlement under FRA; an Empirical and case study based Analysis" was undertaken to understand the actual status and process of implementation of Forest Rights Act with special reference to OTFD claimants in Odisha, identify the key issues, challenges and way forward. The study covered 581 HHs based on representative sampling from 36 GPs covering 21 blocks from 7 districts. The study shows the poor progress in recognition of rights of OTFDs under FRA in spite of more than a decade of implementation of the Act. As on Feb 2020, out of 64145 no. of OTFD claims filed at the Gram Sabha level, 30, 938 no. of claims have been forwarded to SDLC and only 5012 no. of OTFD claims have been forwarded to the DLC level. Of the total claims at DLC level 1041 OTFD claims have been approved at the DLC level of which only 73 number of IFR titles have been distributed to the OTFDs. The poor recognition of OTFD claims can be attributed to various factors like wrong interpretation of the Act to gather 75 years of occupation proof for OTFD claimants. Claims of OTFDs are being rejected on the ground of lack of evidence of occupation of land for three generations, which is not in accordance with the law. The requirement under the Act is that the "member or community" should have "primarily resided in" forest land for at least three generations prior to December 13, 2005, and depend on the forest for their bonafide livelihood needs. The study recommended that support of the administration need to be extended to the OTFD claimants to arrange documentary evidences such as Sabik record, survey settlement record, displacement record and Old District Gazetteers to prove prove 75 years of residence and dependence on forest. As directed by Supreme Court, all the pending and rejected cases may be reviewed so as to give OTFDs a chance to prove their cases and arrange evidences. Capacity building of the officials can help in correct interpretation of the Act and Rules. Government authorities can adopt examples from success stories from other districts/States and 'model case records' can be referred by the districts.