Rights of Tribals and other forest dwellers recognised under the forest right act

Backgrounder

In order to provide the land and forest rights to the tribals and other forest dwellers, the Government has enacted the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, notified for operation with effect from 31.12.2007. The Act will undo the historical injustice done to tribals and Forest dwellers living there for last three generations, before13th December 2005, by providing them following rights-

RIGHTS RECOGNIZED BY THE ACT 

Ø       Right to hold and live in the forestland under the individual or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers.

Ø       Community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, zamindari or such intermediary regimes.

Ø       Right of ownership, access to collect, use and dispose of minor forest produce which has been traditionally collected within or outside village boundaries.

Ø       Other community rights of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities.

Ø       Rights including community tenures of habitat and habitation for primitive tribal groups and pre-agricultural communities.

Ø       Rights in or over disputed lands under any nomenclature in any State where claims are disputed.

Ø       Rights for conversion of pattas or leases or grants issued by any local authority or any State Government on forestlands to titles.

Ø       Rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages.

Ø       Right to protect, regenerate or conserve or manage any community forest resources which they have been traditionally protecting and conserving for sustainable use.

Ø       Rights which are recognized under any State law or laws of any Autonomous district Council or Autonomous Regional Council or which are accepted as rights of tribals under any traditional or customary law of the concerned tribe of any State.

Ø       Right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity.

Ø       Any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or other traditional forest dwellers, as the case may be, but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal.

Ø       Right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13^th day of December, 2005.