Forest Laws for Empowering Tribals:

The forests are governed by two acts:

1. Indian Forest Act 1927

2. Wildlife (Protection act) 1972

Under Indian Forest act, Govt. can classify the forest into Reserved, Protected and village forest

Whereas under Wildlife Protection act Govt. can declare protected areas such as National Parks, Wildlife Sanctuaries, Tiger Reserves and community conservation areas. The people living are evicted and compensated by the Govt. through Forest Settlement Officer.

This process of compensation left the forest dwellers on the mercy of Corrupt Govt. Officials which leads to harassments, evictions, extortion of money etc.

Note: Forest Dwellers: Living in forests and depends on forest for livelihood

Further their rights to forests are also violated by development process; more industries are being set up by clearing forest. Mining is being done for the resources available in forest area. Forests are being wiped out for agriculture to feed more than one billion people.

Tribal people are living in forest for centuries and they make their living by forests (Grazing Ground, Water, Minor produce, Shifting Cultivation).

So the rights of tribal people are being compromised by all this.

Govt. took a note of the fact that the forest dwellers had been precluded from asserting their genuine claims to forest resources which traditionally belonged to them.  And Govt. enacted

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

was enacted to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other Traditional Forest Dwellers who have been residing in such forests for generations but whose rights could not be recorded. Provisions of this act:

Ø Title Rights- Right to live in the forest, Right of ownership

Ø Use Rights- Collect, use and dispose the minor produce (Non timber produce of plant origin)

Ø Relief and development rights:  Protection against illegal eviction and other Community rights

Ø Forest management rights: to protect and manager forests

The Forest rights Act has been in operation for more than four years and despite substantial progress made in the last four years certain lacuna and bottlenecks were observed which were impeding the intended flow of benefits to the forest dwelling communities. Appropriate changes in the Rules have been brought about on 06.09.2012. After the amendments in the Rules,

Ø Ministry organized five regional consultations on Forest Rights Act (Meeting at New Delhi)

Ø State Govt. directed to make special efforts to create awareness about community rights

Ø This act has empowered the Gram Sabha to issue transit permit for minor forest procude

Ø New rule also make it clear that the ownership of minor forest lies with dwellers