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FOREST RIGHTS ACT: AN OVERVIEW- BY J.IRFANA FATHIMA

INTRODUCTION
The Scheduled Tribes and other Traditional Forest Dweller (Recognition of Forest Rights) Act, 2006, is the key piece of forest legislation passed on 18th December, 2006. It has also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act. The act basically does two things: Grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws and makes a beginning towards giving communities and the public a voice in forest and wildlife conservation.
SALIENT FEATURES OF THE FOREST RIGHTS ACT
Following are the salient features of FRA for proper understanding of the act.
a.   The act is in fact a means to recognise the rights of these tribals and gives rights to forests dwellers scheduled tribes and related forest dwellers. These rights have been recognised in sec.3 of the act that includes right to forest land in terms of living, holding, occupying the forest land. 
b.  The FRA is basically of a right vesting nature and provides for consolidation and recognition of pre existing rights which meant that the rights were already in existence even before the FRA was formulated. 
c.  The act also talks about the rights and duties that the forest dwellers hold in terms of protecting the wild life and diversity of the forests and other ecological areas to promote sustainability in these areas. Chapter IV covers these areas and generally covers the procedures for enforcement of these rights. One of the most important areas is the authority of the Gram Sabha. This is an important aspect related to decentralisation of power.
DEFINITIONS
Section 2 of this Act provides definition of various terms relating to forest. In T. N. Godavarman Thirumulpad Vs Union of India, The Supreme Court of India defined forests as all areas that are forests in the dictionary meaning of the term irrespective of the nature of ownership and classification thereof shall be under the control of the forest department. In VEDANTA CASE - Orissa Mining Corporation Ltd vs Ministry of Environment & Forest & others, The court held that Scheduled Tribe, as such, is not defined in the Forest Rights Act, but the word “Traditional Forest Dweller” has been defined under section 2(o) as any member community who has for at least three generations prior to the 13th day of December, 2005 primarily resided in and who depend on the forest or forests land for bonafide livelihood needs. Article 366(25) of the Constitution states that Scheduled Tribes means such tribes or tribal communities or parts or groups within such tribes or tribal communities as are defined under Article 342 to be the Scheduled Tribes.
FOREST RIGHTS 
Sec 3 of this act includes the forest rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands. In Salem Mavatta Ezhpulli Malaivazh vs The State of Tamil Nadu, In this case the court held that it would be evident that the forest dwellers, Scheduled Tribes and other traditional forest dwellers have right of conversion of pattas or leases or grants issued by any local authority or any State Government on the forest lands to titles. In Kathud Ravidashbhai Dharmabhai & ors vs State of Gujarat, The court directed the respondents to expedite the process of recognition of community rights over forest resources including right to protect, conserve, regenerate forests for sustainable use and cover all villages in the same and also to expedite the process of conservation of forest settlement villages into revenue villages.
AUTHORITIES AND PROCEDURES FOR VESTING OF FOREST RIGHTS
Section 6- The Gram Sabha shall be the authority to initiate the process and to pass a resolution thereafter to forward a copy of the same to the Sub-Divisional Level Committee. Any person aggrieved by the resolution of the Gram Sabha may prefer a petition to the Sub-Divisional Level Committee within sixty days from the passing of the resolution by the Gram Sabha. The decision of the District Level Committee on the record of forest right shall be final and binding. In Arjun Ratansingh Jadhav vs State of Maharashtra, The High Court of Bombay in this case held that as per section 6, the Gram Sabha is the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to forest dwelling scheduled tribes and other traditional forest dwellers within the local limits of its jurisdiction. Petitioner has not shown document to show purchase from any such scheduled tribes as traditional forest dwellers.
OFFENCES AND PENALTIES 
Section 7- Authority or committee contravenes any provision shall be liable to be proceeded against and punished with fine which may extend to one thousand rupees; If the offence was committed without his knowledge he should prove that the offence was committed  without his knowledge.
Section 8 - No court shall take cognizance of any offence under section 7 unless the dispute is relating to a resolution of Gram Sabha.
CONCLUSION 
It looks quite promising that Forest Rights Act shall be soon fully and completely implemented without facing its usual obstructions. The first step is already taken to access damage. Most of the problem will automatically be resolved when contradictions/overlapping of Forest Rights Act related laws will be eradicated. however, the spirit of Forest Rights Act should always be kept in mind while applying Forest Rights Act and when positive approach is taken then only Forest Rights Act will be successful in eradicating historical injustice from the lives of the forest dwellers. 


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