FRA empowers Gram Sabhas and the committees headed by the sub collectors and the district collectors to determine and recognise the forest rights of the claimants
The Telangana government’s recently constituted coordination committees to settle forest land conflicts have come under the scanner. These committees parallel statutory committees provided under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA).
The Telangana high court is to decide on the issue. The state government, vide an order dated September 11, 2022, undermined the role of Gram Sabhas and other statutory committees formed under the FRA.
The committees are constituted by officials of different departments, members of parliament and legislative assemblies.
FRA empowers Gram Sabhas and committees headed by the sub-collectors and the district collectors to determine and recognise the forest rights of the claimants.
The committees must be constituted by the officials of tribal development department, the elected representatives of panchayath raj institutions and the officials from the revenue and forest departments.
These statutory committees are empowered to determine and recognise the forest rights ensured under the Act. Gram Sabhas has a specific role in managing and conserving the forests. The newly constituted coordination committees undermine this role.
The Telangana government is delaying the implementation of FRA, which aims to undo historical injustice done to tribals and other traditional forest dwellers.
The Telangana government has stated until recently that the forest land claims would be resolved if the Centre extends the cut-off date stipulated in the FRA. The Act provided December 13, 2005, as the cut-off date to identify eligible forest land claimants.
Around 5,087 claims of non-tribals were rejected as they could not provide the required evidence to support their forest land occupancy for three generations or 75 years. The proposed legislation would help them to claim their rights, according to sources.
FRA does not, however, mandate occupancy of forest land for 75 years. Only their residence in the area and dependence on forest count towards the 75-year criteria. They need not prove their occupancy before the cut-off date.
The Telangana government had written a letter to the Centre, seeking an extension in the cut-off date to make more tribals eligible. It has also requested amendments to the FRA by relaxing conditions for non-tribals.
The minister for tribal affairs rejected the amendment proposed by the state government in March 2022. The minister observed that it might lead to claims from the non-tribals who came to forests much later.
It will be detrimental to the interests of tribals and the states are required to prevent tribal land alienation in the Schedule V areas, he added.
The government has recognised individual forest land rights for the 97,434 tribal families over 0.310 million acres as of July 2022. Over 0.2 million tribal land claims are pending before Gram Sabhas.
Telangana’s tribal welfare minister further requested the Government of India in July 2022 to extend the cut-off date to resolve the Podu land claims of tribals in the state to enhance their livelihoods. Podu means cultivation of forest land on hill slopes. It is also known as slash and burn cultivation
If the cut-off date is relaxed, it will benefit nearly 33,503 tribal families to secure forest land titles over 0.120 million acres in Telangana.
Suppose the Telangana Government is committed to ensuring forest land titles to the tribals. In that case, it can secure the notification from the Governor under para 5 (1) of the Fifth Schedule of the Constitution and extend the cut-off date.
The Governor is empowered to modify the provisions of the State or Central legislations under the Fifth Schedule to the Constitution and apply the same to the Schedule Areas to protect the interest of tribals.
However, the state government is looking for solutions from the Centre or by constituting committees without exploring the possibilities in existing laws and constitutional provisions.
Views expressed are the author’s own and don’t necessarily reflect those of Down To Earth.
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