An investigation into reasons for rejection of cases under the Forest Rights Act, 2006

Abstract

The Schedule Tribes and other traditional Forest dwellers (recognition of forest rights) Act, 2006 was published in the Government Gazette dated 2nd January, 2007. The rules under the act were notified by the Government on 1st January, 2008. The Act is in force since that day. At the Gujarat State level, the process for the implementation of the Act has been started since 20-2-2008. The Tribal Development Department, in capacity of the nodal agency for implementation of the Act, has undertaken the main responsibility of implementation of the Act according to the guidelines provided under the provisions of the Act since then. From 43 talukas of 12 tribal districts, totally 1,90,000 claims have been received for holding of land in forest area for housing purpose or for earning of livelihood through individual farming on forest land or for community holding from the forest dwelling schedule tribe members or from traditional forest dwellers, according to the provisions contained in the Act or in the rules made thereunder. All these applications for claim on forest land are required to be processed as per provisions of the Act and may be accepted or rejected. Initially, the claim applications are placed before the Gram Sabha by the Forest Right Committees which is functioning at the village level. The Gram Sabhas forward such applications, to the Taluka level committee at the Sub-divisional level after passing appropriate resolution in the Gram Sabha meeting. The Sub-divisional Committee thoroughly reviews such applications and then forwards the recommended claim cases to the District level Committee. Thus the rejection or acceptance of the claim applications are according to the provisions of the Act. In this process, many claim applications are rejected also. The principal Secretary, Tribal Development Department Shri A.M. Tiwari, IAS had entrusted the responsibility of investing into the causes of refusal or rejection of such applications, through a sample survey process to the Tribal Research and Training Institute, Ahmedabad. The present report is a part of fulfillment of such responsibility by the Institute.