Implementation and Implications of the Forest Rights Act, 2006 on Tribal Rights

A Case Study of Munda Tribe in Jharkhand

Abstract

As per the 2011 census, India had 104.3 million Scheduled Tribes, 94.1 million of whom live in far-flung regions. This paper aims to provide a comprehensive account of execution of ‘the Forest Rights Act, 2006 (FRA)’ that aims to protect the rights of tribals. Author has conducted this study with special reference to Munda Tribe in Jharkhand. Section 3(1)(i) of FRA grants right to “protect, regenerate or conserve or manage” the community forest resource in addition to Community Forest Rights (CFR) and Community Rights (under Sections 3(1)(b) and 3(1)(c). These rights ensure sustainable livelihoods for the community. FRA is a revolutionary law that creates a legislative foundation for institutional change in forest governance that benefits the poor. The author argues that the Act’s execution is heavily dependent on whether agencies follow its spirit or strive to hinder or minimize its effect owing to dilutions, ambiguities, and omissions. The areas of dilution, ambiguity, and omission include: (1) limited recognition of tribals, (2) insufficient implementation procedures and safeguards, and (3) rejection of claims. The author emphasizes the importance of prioritizing the settlement of CFR rights to promote meaningful community engagement in forest management. This includes activities such as habitat restoration and ensuring the protection of livelihoods.