FRA AND FOREST LOSS

The Forest Rights Act (FRA), 2006 aims to rectify historical injustices by recognizing the rights of forest-dwelling communities. A recent claim by the Environment Minister linking FRA to forest loss has been refuted by civil society, citing lack of evidence and highlighting the success of community-managed forests in enhancing conservation.

Last Updated on 3rd July, 2025
4 minutes, 31 seconds

Description

Disclaimer: Copyright infringement not intended.

Context:

Recently, the Union Minister for Environment, Forest and Climate Change stated that the implementation of the Forest Rights Act (FRA), 2006, has led to forest loss.

About the Forest Rights Act (FRA), 2006:

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006—popularly known as the Forest Rights Act—was enacted to correct the historical injustice faced by forest-dwelling Scheduled Tribes and other traditional forest dwellers.

Key Provisions:

  • Individual Forest Rights (IFRs): Rights to hold and live in forest land for habitation or self-cultivation.
  • Community Forest Rights (CFRs): Rights to manage, protect, and conserve forest resources.
  • Right to Minor Forest Produce (MFP): Entitles communities to collect, use, and sell forest products.
  • Recognition Process: Involves Gram Sabhas, Sub-Divisional Committees, and District-Level Committees.

Recent Controversy

On June 25, 2024, the Environment Minister claimed that forest degradation has increased in areas where forest rights have been granted. This was presented as a reason for cautious implementation of FRA.

Civil Society’s Response

Over 70 organisations, including forest rights groups and legal experts, countered the Minister’s claim. Their main arguments include:

  1. Misrepresentation of Data: No conclusive evidence shows a causal link between FRA and deforestation.
  2. Success of CFR Areas: Studies show areas under CFR management have better forest cover and biodiversity outcomes due to community stewardship.
  3. Violation of Constitutional Rights: Undermining FRA threatens the constitutional and legal rights of Adivasis and forest dwellers.
  4. Dilution of FRA Implementation: Slow recognition of rights and illegal diversion of forest land for development projects remain key threats—not the act itself.

Key Facts:

Aspect

Detail

Year of Enactment of FRA

2006

Administering Ministry

Ministry of Tribal Affairs

Gram Sabha's Role

Primary authority to initiate and approve forest rights claims

Schedule V Areas

FRA plays a major role in empowering tribal governance

States with High CFR Potential

Odisha, Maharashtra, Chhattisgarh, Madhya Pradesh

% of Forest Land under Community Rights (as of 2023)

Less than 5% of the potential 40 million hectares recognized

Source: downtoearth.

 PRACTICE QUESTION

Q. With reference to the Forest Rights Act (FRA), 2006, consider the following statements:

  1. The Gram Sabha is empowered to initiate the process of determining the extent of forest rights.
  2. Community Forest Resource rights include the right to manage, protect, and conserve forest resources.
  3. The FRA is administered by the Ministry of Environment, Forest and Climate Change.

Which of the above statements is/are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

Answer: A

Explanation:

Statements 1 and 2 are correct:

Under Section 6 of the Forest Rights Act, 2006, the Gram Sabha is the authority to:

Initiate the process of determining individual and community forest rights.

Receive and verify claims.

Pass resolutions recommending the record of rights.

Community Forest Resource (CFR) Rights under FRA

Section 3(1)(i) of FRA provides Community Forest Resource rights that allow communities to:

Protect, regenerate, conserve, and manage forests.

Use forest produce for livelihood needs sustainably.

This strengthens decentralized forest governance.

Statement 3 is incorrect: The Ministry of Tribal Affairs (MoTA) is the nodal agency responsible for implementing the Forest Rights Act, 2006—not the Ministry of Environment, Forest and Climate Change (MoEFCC).
MoEFCC may be involved in overall forest policy, but FRA is a tribal rights law, and MoTA is the implementing ministry.

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