Empowering Forest Dwellers - Understanding The Forest Rights Act, 2006 And Claims Recognition Process

Author: LawSphereX

Category: Environmental Law

Published: 2026-08-23T19:39:13.214Z

Updated: 2026-08-30T07:08:49.257Z

EMPOWERING FOREST DWELLERS: UNDERSTANDING

THE FOREST RIGHTS ACT, 2006 AND CLAIMS RECOGNITION PROCESS Shilpi Verma, LL.B.

ABSTRACT

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act) was enacted to correct historical injustices faced by India’s forest dependent communities. The Act recognizes individual and community forest rights, aiming to balance human rights, forest conservation, and sustainable development. Challenges with its implementation on include bureaucratic misinterpretations of the law, lack of awareness, procedural inefficiencies, and insufficient training for decision-making bodies. This white paper unpacks the FRA provisions, outlining the rights, claims process, and du es of stakeholders. Using Maharashtra as a case study, the paper illustrates systemic delays, high rejection rates, and procedural hurdles, alongside the region's unique challenges like urbanization and shifting livelihoods.

Recommendations focus on improving governance, simplifying the claims process, enhancing stakeholder training, and fostering collaboration among Committees and government agencies. This document serves as a practical guide for policymakers, activists, and communities to strengthen the FRA implementation, ensuring justice for forest dwellers while promo ng sustainable forest management.

PREFACE

For centuries, forest-dwelling communities in India have lived on the fringes of recognition, their rights ignored and livelihoods jeopardized. Considered 'encroachers’, many faced eviction orders despite their deep connection to forest ecosystems. Acknowledging this historical injustice, the Government of India enacted the Scheduled Tribes and the Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 (“Forest Rights Act” or “Act” or “FRA”), aiming to restore dignity, equity, and ecological balance. The Act grants forest rights to the forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands, including the right of ownership and use of forest land, and the right to protect and conserve the forest. The Act was reformative in nature since it brought a balance between human rights, forest conservation and sustainable development.

Act was an attempt to break the cycle of evictions from forestlands and rebellion by the traditional forest-dwellers. Implementation of the Act has, however, been patchy and slow across the country. There are significant delays in processing of claims and very high number of rejections. 1 India has around 250 million forest dwellers. Till September 2024, only 42,47,500 forest right claims were processed across the country, out of which, titles have been disbursed against 24,89,000 claims and rest were rejected (over 40% rejections).

2 17,58,500 42,47,500 24,89,000 FOREST RIGHT CLAIMS (SEP 2024) 40,00,000 30,00,000 20,00,000 10,00,000 Claims Rejected Claims Disbursed Claims Processed The historical injustice done with the tribal population followed by the ineffective implementation of FRA, has created a room for a narrative that thrives on people’s vulnerabilities in Naxal affected regions.

Governments have, from time to time, emphasized on a need for urgent implementation of the Act in all States. However, the progress has been slow. Some of the reasons for ineffective implementation of FRA have been - lack of awareness among forest dwelling communities regarding their rights that often arises due to perceptions by the local bureaucracy about non applicability of the Forest Rights Act in their respective regions and conflict with other laws, forest bureaucracy, misinterpretation of the provisions of FRA, lack of training of government officials on the FRA, lack of follow up on the claims filed, complex claims approval process, incomplete record of authentic data and evidence regarding occupation of land, false claims, illegal relocations, wrongful rejection of claims, insistence by committees for specific evidences in violation of the provisions of the Act, etc.

The presence of civil society has played an important role in implementation of Community Forest Rights in the country. With the help of civil society organisations, the communities become more aware and they are able to organize politically and collectively file the claims. The objective of this paper is to clarify in simple language the key provisions of the Forest Rights Act, the rights of the forest dwellers, forest claim approval process, highlight hurdles in effective implementation of the Act and suggest recommendations for speedy implementation. It also includes a case study on Maharashtra with emphasis on Raigad district. This white paper is designed to serve as a practical guide for multiple stakeholders involved in the implementation of the FRA.

Policymakers will find actionable insights to refine governance and streamline procedural bottlenecks, while NGOs and grassroots activists can leverage the detailed explanations to raise awareness and advocate for equitable practices. Additionally, the document provides forest-dwelling communities with a clear understanding of their rights and the claims process, empowering them to engage effectively in securing justice. By addressing the challenges and opportunities in FRA implementation, this paper aims to foster collaboration across government bodies, civil society organizations, and local communities to ensure sustainable and inclusive forest management. I would like to express my heartfelt gratitude to KPMG Global Services Pvt. Ltd.

, Waatavaran Climate Environment & Sustainability Foundation, and The Nudge Foundation for providing me the opportunity to volunteer and create this paper.

1. RIGHTS OF FOREST DWELLERS AND KEY PROVISIONS OF FRA

1.1 Forest Land

a. Definition: The forest rights are granted with respect to all ‘forest land’ which means land of any description falling within any forest area and includes unclassified forests, un-demarcated forests, existing or deemed forests, protected forests, reserved forests, sanctuaries and National Parks. 3 b. Clarification on National Parks, Wildlife Sanctuaries, and Tiger Reserves: It is a common misconception in most states that protected areas are excluded from the preview of the Act. In many states it is wrongly believed that Tiger reserves are outside the preview of the Act. FRA applies to all National Parks, Wildlife Sanctuaries, and Tiger Reserves. Forest rights can be reexamination under the Act even if final notifications are issued for National Parks settling all rights of people under laws that existed before the Forest Rights Act. 4 c.

Critical Wildlife Habitats: Where exercise of such forest rights may potentially cause irreversible damage to wildlife, FRA provides for creation of Critical Wildlife Habitats, and the creation of ‘inviolate areas for wildlife protection’ within such Critical Wildlife Habitats, through a democratic and transparent process after recognition of rights under the FRA is complete. 5 d. Municipal Areas: FRA is applicable to claimants in respect of forest lands wherever they may be located; no exception is made for municipal areas. 6

1.2 Types of Forest Rights

Section 3(1) of FRA describes 13 types of individual and community forest rights of the ‘forest dwelling Scheduled Tribes and other traditional forest dwellers’ (“forest dwellers”) on all ‘forest land’. The forest rights are heritable but not alienable or transferable. 7 a. Individual Forest Rights i. Hold and Live in Forest Land - Right to hold and live in the forest land for habitation or for self- cultivation for livelihood needs (maximum 4 hectares) provided they can prove occupancy of the land before December 13, 2005. Rights in land used for “self-cultivation” include the forest lands used for allied activities like keeping cattle, winnowing, other postharvest activities, rotational fallows, tree crops and storage of produce. 8 ii. Ownership - Right to convert leases or Pattas or grants issued by any local authority or any State Government to titles.

Limit of 4 hectares doesn’t apply to these rights. 9 iii. Rights in Disputes Land - Rights in or over disputes lands under any nomenclature in any State where claims are disputed;10 iv. Rehabilitation - Right to be rehabilitated in the original forest land or alternative land, if forest dwellers were illegally displaced from it at any time before December 13, 2005 without receiving their legal entitlement or rehabilitation. It includes rights over the forest land where forest dwellers can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions and the land was not used for the purposes for which it was acquired within 5 years of the acquisition. 11 b. Community Forest Rights i. Nistar rights to access and remove forest produce for self-consumption. 12 ii.

Collect and Sell Minor Forest Produce – Right to own, collect, use and dispose of minor forest produce (other than timber) which includes all plant produce like bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots and tubers. 13 iii. Right to use common grazing land and water bodies. 14 iv. Right to protect the intellectual property and traditional knowledge and cultural diversity related to biodiversity. 15 v. Right of habitat of primitive tribal groups and preagricultural communities (also referred as Particularly Vulnerable Tribal Groups), allowing them to preserve their way of life. 16 vi. Rights of settlement and conversion of all forest villages to revenue villages. This includes all old habitations, unsurveyed villages and other villages in forests, whether recorded, notified or not.

Limit of 4 hectares doesn’t apply to these rights. 17 vii. Right to protect, regenerate, manage or conserve forest and wildlife for sustainable use. 18 viii. Other rights traditionally enjoyed by forest dwellers, except hunting, trapping or extracting body parts of wild animals. 19 ix. Act also recognized any additional rights covered by a state law or laws of an Autonomous District Council or Autonomous Regional Council or which are accepted as rights of tribal under any traditional or customary law of the concerned tribes of any State. 20

1.3 Development Rights of Forest Dwellers for Community Uses

a. Development Rights for Community Uses: On the basis of recommendation of Gram Sabha (defined below) limited forest land (less than 1 hectare per use) will be diverted by Central Government for the purpose namely schools, hospitals, anganwadis, fair price shops, electric and telecommunication lines, tanks and other minor water bodies, drinking water supply and water pipelines, water or rain water harvesting structures, minor irrigation canals, non-conventional source of energy, skill up-gradation or vocational training centres, roads and community centres. 21 b.

Development Right claims to be submitted with Forest Right claims made Section 3(h): In past, there have been instances of wrongful rejection of development claims by Committees on the basis that development claims do not constitute Forest Right and should be submitted to the Forest Department and SDLC or DLC (defined below) cannot approve it. FR Guidelines and Rule 12B (5) of the FR Rules (added through the Amendment in 2012) clarify that conversion of forest villages, unrecorded settlement under Section 3(h) shall include the actual land use of the village in its entirety, including lands required for current or future community uses, like, schools, health facilities and public spaces. Records of the forest villages maintained by the Forest Department may, thereafter, be suitably updated on recognition of this right.

1.4 Forest Right Claimants

a. The FRA recognizes forest rights of the following people: i. Forest Dwelling Scheduled Tribes – These are the members or community of the Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities. 22 ii. Other traditional forest dwellers (OTFD) – OTFD means the member or community who has for at least three generations (75 years) prior to the 13 December 2005 primarily resided in the forest and who depend on the forest or forests land for bona fide livelihood needs. 23 b. Other Income Sources: Act does not require that forest dwellers should be solely or even primarily dependent on the forests for their livelihood, or for disqualifying persons whose family income is derived from a basket of sources. 24 c.

Family member not residing in Village: A claimant can be an individual, a family, a community, or a Gram Sabha. Just because one member of the family is disqualified as a forest dweller, does not mean other members who meet the eligibility criteria cannot claim their rights. 25 d. Pastoralist Communities: There is a specific provision for protection of the rights of pastoralist/nomadic communities under Section 3(1)(d). Most pastoralist communities in the Himalayan region are semi-nomadic, which means that they have permanently settled villages in revenue lands. FRA categorically contemplates the inclusion of such communities and their traditional customary pastoral practices.

According to Rule 12(1)(c) of the FR Rules, the Forest Rights Committee has to ensure that the claims from pastoralists and nomadic tribes for determination of their rights are verified when such individuals, communities or their representatives are present and no decision on these rights should be taken in their absence. 26 e. Duty to protect forest and community forest resources: Holders of forest rights, gram sabhas and village level institutions have a duty to protect the wildlife, forest and biodiversity and to regulate access to community forest resources and stop any activity that may adversely affect it. The Gram Sabha needs to ensure that the ecologically sensitive areas are adequately protected and the habitats of forest dwelling communities are preserved from any form of destructive practices that may affect their cultural and natural heritage.

To discharge these duties, communities can constitute committees from its members. 27 f. No Eviction Permitted: A forest dweller cannot be removed from forest land under occupation till the recognition and verification procedure is complete. 28

1.5 FRA overrides other laws

Section 4(1) of the Act, which recognises and vests forest rights in the forest dwelling STs and OTFDs, begins with a clause that overrides conflicting laws - “Notwithstanding anything contained in any other law for the time being in force”, meaning thereby that the forest rights are recognised and vested regardless of whether such forest rights might be contrary to other laws. The Act confers forest rights free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980, requirement of paying the ‘net present value’ and ‘compensatory afforestation’ for diversion of forest land.29 2. CLAIMS APPROVAL PROCESS AND ROLE OF GOVERNMENT AGENCIES

2.1 Claims Approval Process

The process for recognizing forest rights involves initiation of claim, enquiry and verification, and recording of the same in the appropriate record of rights in order to be enforceable by the right holders. The FRA has a three-tier approval process: a. Claims initiation and resolution at Gram Sabha Level i. Formation of Gram Sabha (distinct from Gram Panchayat): Gram Sabha30 is the “authority to initiate the process for determining the nature and extent of individual or community forest rights or both”, the commencement of the process must be made by the Gram Sabha, and not the Forest Rights Committee. 31 ii.

Constitution of the Forest Rights Committee (FRC) 32: Gram Panchayat is required to convene the first meeting of the Gram Sabha in presence of Panchayat Secretary, for the purpose of constitution of the FRC which shall comprise of: • total 10-15 members • minimum 2/3rd members will be the Scheduled Tribes (unless there are no Scheduled Tribes) • minimum 1/3rd will be women The Forest Rights Committee shall decide on a chairperson and a secretary and intimate it to the Sub-Divisional Level Committee (SDLC). iii. Initiation of Claims Process: Gram Sabha will call for claims and authorize Forest Rights Committee to: • Receive claims in form attached as Annexure -I of the FR Rules and acknowledge them. Claims need to be made in 3 months (extendable) of calling of claims along with at least any 2 EVIDENCES LISTED IN RULE 13 OF FR RULES (enclosed as Attachment-1 with this paper).

Technology, such as satellite imagery, should be used to supplement evidences tendered by a claimant for consideration of the claim (and not to replace other evidences submitted by claimant). 33 • Prepare record of claims, evidence and list of claimants. • Verify claims and present their findings to Gram Sabha for consideration. The District Level Committee shall facilitate the filing of claims by pastoralists, transhumant and nomadic communities as described in Section 3(1)(d) before the concerned Gram Sabhas. iv. Community Forest Rights Claims: Forest Rights Committee will prepare claims on behalf of Gram Sabha, for the community forest rights in Form B, and for the community forest resources under Section 3(1)(i) (i. e. conservation of forest and wildlife) in Form C. v.

Verification Process followed by Forest Rights Committee34 • After intimating claimants and the Forest Department*, FRC will conduct physical verification of land or forest areas claimed. • Collect oral or documented evidence supporting the claim.

Ensure that claims of pastoral, or nomadic tribes, or of primitive tribal groups, or preagricultural communities, are verified in presence of such individuals, communities or their representatives. • Prepare a map delineating area of each claim with recognizable landmarks. (SDLC will provide forest and revenue maps and electoral rolls to the Gram Sabha or the Forest Rights Committee. ) • Prepare a community forest resource map including landmarks and considering evidence under Rule 13(2) of FR Rules. • Ensures claims are free from conflicts with other claims or disputes. • Ensure that Forest Rights Committee members do not participate in the verification proceedings of their own claims. vi.

Forest Department’s Role in the Verification: The Forest Department helps in the verification of claims and provides expertise on issues like forest boundaries, forest management, and conservation practices. The State Governments should ensure that on receipt of intimation from the Forest Rights Committee, the officials of the Forest and Revenue Departments remain present during the verification of the claims and the evidence on the site. 35 vii. Determination of its community forest resources: Forest Right Committees will fix date for determination of its community forest resources and intimate adjoining Gram Sabhas in case of overlap and SDLC. In case of conflicting forest claims of more than one village, Forest Right Committees of the villages will meet and submit the resolution to the Gram Sabhas. If they are unable to resolve it, Gram Sabha will refer it to SDLC for resolution.

viii. Evidence Requirement by OTFD: Claims of OTFDs are many a times rejected by the States on the ground of lack of evidence of occupation of land for three generations, which is not in accordance with the law. Any two evidences specified in Rule 13 of FR Rules can be provided while making a claim. Insistence of any particular form of documentary evidence for consideration of a claim has been held to be illegal by the Gujarat High Court in Arch Vahini vs. State of Gujarat & Ors. 36 ix. Resolution by Gram Sabha and Appeal - Upon receipt of findings from FRC, Gram Sabha approves valid claims and prepares a resolution specifying the rights recognized and forward it to SDLC. The decisions of Gram Sabhas are subject to appeal before SDLC within

60 days of the decision.

x. Gram Sabha Meetings and Quorum Requirement - The quorum of the Gram Sabha meeting shall be not less than one-half of all members of such Gram Sabha (with 1/3rd of members present have to be women). Where any resolutions in respect of claims to forest rights are to be passed, at least 50% of the claimants to forest rights or their representatives need to be present. Such resolutions shall be passed by a simple majority of those present and voting. Gram Sabha should not be called at the Gram Panchayat level. A Gram Panchayat normally consists of more than one revenue village. Quorum requirement is difficult to meet at Gram Panchayat level. The Act requires Gram Sabhas to be held at the village or habitation level. b. Submissions to Sub-divisional Level Committee (SDLC)37 i.

State Governments will constitute SDLC comprising of Chairperson (sub-divisional officer or equivalent), and members including forest officer in charge of sub-division or equivalent, Tribal welfare department representatives and elected members from local bodies (including a woman member). ii. SDLC will provide the information to Gram Sabha regarding their duties, the forest and revenue maps, electoral rolls. It will also raise awareness among forest dwellers about the claim procedures and objectives of the Act. iii. Collate resolutions and consolidate maps provided by Gram Sabhas. iv. Reviews the Gram Sabha’s resolutions, hear and adjudicate disputes between Gram Sabhas, hear petitions from individuals and state agencies aggrieved by Gram Sabha’s resolution v. Cross-checks evidence and ensures compliance with the FRA. vi.

Prepare draft record of forest rights upon reconciliation with the government records. vii. Recommends approved claims to the District Level Committee. The decisions of SDLCs are subject to appeal before DLC within 60 days of the decision. c. Final Approval by District Level Committee (DLC) and Record of Rights38 i. State Governments will constitute DLC comprising of Chairperson (District Collector or Deputy Commissioner), and members including divisional forest officer or Deputy Conservator of Forest, Tribal welfare department officers and elected members from local bodies (including a woman member). ii. DLC will ensure that SDLCs provides forest and revenue maps and electoral rolls to Gram Sabha. iii. It will examine claims received from the SDLC keeping in mind objectives of the Act. iv. It then approves or rejects claims based on evidence and recommendations.

All decisions involving modifications or rejections to Gram Sabha resolutions need to include clear reasons for such rejections or modifications. v. DLC will issue directions for incorporation of the forest rights in the relevant government records including record of rights. It will also ensure publication of the record of forest rights and issues title deeds (patta) to claimants for approved claims. vi. On completion of the process of settlement of rights and issue of titles, the Revenue/Forest Departments shall prepare a final map of the forest land and the concerned authorities shall update the revenue and forest records. vii. Statutory process of appeal ends with the DLC. 39 Reasons need to be provided to the claimant/s for rejection of application. viii.

In case where no community forest resource rights are recognized in a village, the reasons for the same shall be recorded by the Secretary of the District Level Committee.

2.2 State Level Monitoring Committee (SLMC)

SLMC performs the function of monitoring the process of recognition, verification and vesting of forest rights in the State. SLMC needs to meet at least once in 3 months to – monitor the process, address the field level verification and vesting of forest rights, and address the field level problems. SLMC needs to furnish a quarterly report to the Central Government on their assessment regarding the status of claims, the compliance with the steps required under the Act, details of claims approved, reasons for rejection (if any) and the status of pending claims.40

2.3 Coordination between the Forest Department and the Committees

a. The DLC and the SLMC work in consultation with the Forest Department since the department provides technical support like forest maps and boundary demarcation. b. The Forest Department helps in the verification of claims and provides expertise on issues like forest boundaries, forest management, and conservation practices. The FRA emphasizes consultation between the relevant authorities, and the Forest Department's role is significant in ensuring that claims are legitimate and sustainable. 3. REJECTIONS OR MODIFICATIONS OF GRAM SABHA RESOLUTION AND REVIEWS OPTIONS

3.1 Rejection or Modification of Decisions

Where the SDLC or the DLC finds that the decision of the Gram Sabha is incomplete, or prima facie requires additional examination, it should remand the claim back to the Gram Sabha for reconsideration instead of modifying or rejecting it.41 Where the SDLC or DLC reject or modify the decision of the Gram Sabha, they must provide detailed reasons for doing so. Additionally, the FR Rules provide that claims should not be rejected merely on technical or procedural grounds. 42

3.2 Re-examination of Rejections due to Insufficient Evidence

The decisions of Gram Sabha, SDLC and DLC can be revisited where the claims have been rejected on the ground of insufficient evidence. Taking into account reports that in many parts of the country, claims were being rejected on the ground of lack of evidence or incomplete evidence, the Ministry of Tribal Affairs issued a Circular dt. 27.7.2015 (bearing F. No. 23011/18/2015-FRA) where it relied upon Rule 6(b) of the FR Rules to urge the SDLCs to assist the Gram Sabha by providing forest, revenue and geo-referenced maps. On this basis, it has been stated that claims rejected on the grounds of insufficient evidence or where prima facie additional evidence is required should be reexamined.43

3.3 Administrative Review

Statutory process of appeal ends with DLC order. However, if the decision of the DLC is in contravention of any provision of the FRA or FR Rules, proceedings under Section 8 of FRA can be initiated by the Gram Sabha with due notice to the SLMC. 44 In practice, many state governments have set up review mechanisms that ensure that claims are properly considered and not wrongfully rejected. Section 8 proceedings – • If any authority or a Committee or officer (or their member/s) contravenes any provision of FRA or FR Rule, it is an offence punishable with fine of INR1000 under Section 7 of FRA. •

60 days’ notice need to be given to SDMC to initiate action against the authority.

Section 8 proceedings can be initiated: o either by any ST against the resolution of Gram Sabha, or

o by a Gram Sabha (through a resolution) against any higher authority.

3.4 Judicial Review

If the administrative review process does not provide relief, a person whose rights were wrongly rejected can approach the Courts for judicial review. Judicial Review can involve a writ petition under Article 226 of the Constitution before the High Court or a Public Interest Litigation (PIL) in cases where there is a broader community or public interest at stake. Courts have consistently upheld the rights of forest-dwelling communities under the FRA and have intervened in cases where the rejection of claims was found to be in violation of the law or improper procedural conduct. In 2019, the Supreme Court in Wildlife First v. Ministry of Environment and Forests45 (not directly related to FRA claims but dealing with tribal rights) emphasized the importance of tribal communities’ rights, which includes reviewing wrongful rejection of claims. 4.

APPROVAL OF GRAM SABHA FOR DIVERSION OF FOREST LAND FOR NON-FOREST PURPOSES

4.1 Free, Prior and Informed Consent of Gram Sabha for Land Diversion

Consent of the Gram Sabha is critical for forest land diversion and development projects. Gram Sabhas are empowered to safeguard community and individual rights by the Act. Government decision pertaining to diversion of forest land for development projects, should consider the conditions recommended by the Gram Sabha. However, political and economic pressures have prompted the Government to circumvent this provision. In 2018, India Spend reported 26 cases across

11 states where forest land was acquired by the Government for development projects, including

mining and dam construction in violation of the FRA provisions, ignoring the Adivasis and the OTFDs (India Spend, March 22, 2018).46

4.2 Supreme Court Judgement - Niyamgiri Case

In Niyamgiri Case (Orissa Mining Corporation v. Ministry of Environment and Forests) 47, the Vedanta Group sought to mine bauxite in the Niyamgiri Hills in Orissa, which are sacred to the Dongria Kondh tribe and form a key part of their livelihood and culture. The Supreme Court upheld the Gram Sabha's authority to decide on forest land diversion for the project. It empowered the Gram Sabha to protect the community’s cultural and religious rights under the FRA. 5. FRA IMPLEMENTATION STATUS IN THE STATE OF MAHARASHTRA

5.1 Community Forest Rights (CFR) Claims

As of 2018, state of Maharashtra received a total of 12,009 claims for CFR, with 7,359 claims accepted, indicating an acceptance rate of approximately 61.27%. 48

5.2 Individual Forest Rights (IFR) Claims

Maharashtra had processed 3,59,745 IFR claims by March 2018, accepting 1,10,786 claims, covering an area of 2,60,271. 52 acres. This reflects an acceptance rate of about 33%, with approximately 62. 5% of IFR claims rejected. Of the 3,59,745 IFR claims submitted, 51,348 were rejected by gram sabhas, 1,70,126 by sub-divisional level committees and 3,390 by district level committees. Reason for large number of rejections by SDLC was largely because the SDLC members were never trained on the law. They rejected thousands of claims on grounds that there was no satellite map showing cultivation attached to the claim, or that there was no evidence of a court-imposed penalty for cultivating forest land. 49 Law is clear that any two evidences specified in Rule 13 of FR Rules can be provided while making a claim.

Insistence of any particular form of documentary evidence for consideration of a claim has been held to be illegal insistence of any particular form of documentary evidence for consideration of a claim is illegal (Gujarat High Court in Arch Vahini vs. State of Gujarat & Ors. ).

5.3 Amendment to FRA by the State of Maharashtra

In May 2020, the State of Maharashtra amended the FRA to establish Divisional Level Committees to hear appeals against decisions made by DLCs, aiming to provide justice to tribals whose forest rights claims were previously rejected. Validity of the amendment by the State of Maharashtra has, however, been in question. Maharashtra - Claims Processing Data (2018) 3,59,745 3,35,660 Individual Forest Rights 2,24,874 1,10,786 12,009 Community Forest Rights 8,719 7,359 1,360 50,000 1,00,000 1,50,000 2,00,000 2,50,000 3,00,000 3,50,000 4,00,000 Claims Rejected Claims Accepted Total Claims Processed Claims Received

5.4 Status report of the MoTA of 2024

According to the updated data issued by MoTA, Maharashtra has allotted over 38.71 lakh acres of forest land towards IFR and CFR till September 2024. Under IFR Category, over 3.90 lakh claims were received, out of which 1.98 lakh titles were accepted.50

5.5 Note on the Raigad district

a. In the Raigad district located in Konkan region of Maharashtra, tribal communities are in minority. The district is close to Mumbai metropolitan region and has been continuously facing urbanization and changing land-use patterns, livelihoods are heavily dependent on various market operations and are largely non forest based. b. The district is spread over 7,148 sq km of area and for administrative purpose it is divided into four revenue sub-divisions i.e. Alibaug, Panvel, Mangaon and Mahad, further there are 15 tehsil offices and 11 municipal councils; and 821 Gram Panchayats and 1919 villages. According to

2011 Census, total population of the district is 26,35,394, of which 13,48,089 are males and 22

12,87,305 females while the population density of the district is 368 per sq km. 23 Scheduled Castes and Scheduled Tribes constitute 2. 4% and 12. 2% of the population, respectively. Katkari, Thakur and Mahadev-koli are the major tribal communities in the district. c. The forests cover 1,682. 89 sq km of the geographical area of the district, of which 1,398. 30 sq km area falls under the reserved forest category, 159. 26 sq km under the protected forest category and 125. 33 sq km is unclassified. 341. 53 sq km area is known to have dense forest, while 571. 40 sq km has medium/rare forest. There is a wildlife sanctuary and a bird sanctuary in the district. 51 d. The district has a history of communities’ struggle to get rights over their 'Dalhi' lands.

Historically, the tribal communities in the district were leased out patches of forest land for 'slash and burn' cultivation and related bonafide needs. These were annual leases and where they were granted to individuals were called 'Eksali' leases, while where they were granted to communities were called 'Dalhi' assignments. 52 e. Members of civil society in Raigad district have highlighted significant delays in the resolution of forest rights claims, with some cases pending for over a decade, and instances of wrongful rejection of claims. Key reasons include inadequate training and awareness among the tribal population and officers of the SDLCs and DLCs, frequent transfers of officers necessitating repeated training, lack of physical verification of occupied land, and challenges in identifying land under cultivation on online maps.

Other issues include a high number of claims being rejected for technical reasons by the SDLC, poor collaboration between government offices, misinterpretation of provisions of the Act by officials, and a restrictive approach in recognizing forest rights in reserved forests. To date, only handful of claims have been approved in the district and these is a need for collaborative approach to be taken among the Gram Sabhas, forest department, Committees and the members of NGO active in the district to facilitate fair and speedy determination of claims.

6 RECOMMENDATIONS

These recommendations aim to address systemic challenges, promote inclusivity, and ensure that the FRA achieves its intended objective of empowering forest-dwelling communities.

6.1 Awareness Campaigns and Trainings

Ø Launch state-wide, targeted awareness campaigns to educate forest-dwelling communities about their rights under the FRA. Ø Collaborate with local NGOs, community leaders, and civil society groups to disseminate information effectively in local languages. Ø Establish help desks at the village level to guide eligible claimants in filing their claims.

6.2 Capacity Building for Central and State Authorities

Ø Provide specialized training to SLDC and DLC members to ensure they interpret and apply the FRA correctly. Ø Organise a series of training programme of revenue officials, tribal department, forest officials and other departments. Ø Establish monitoring committees at the state level to oversee the implementation of the Act and address grievances promptly.

6.3 Strengthening Gram Sabhas

Ø Ensure that Gram Sabhas for FRA implementation are convened at the village level instead of the Panchayat level to allow better representation and facilitate decision-making. Ø Introduce capacity-building programs for Gram Sabha members to help them understand their roles and responsibilities. Ø Provide logistical support to ensure quorum requirements are met.

6.4 Transparent and Fair Claim Review Process

Ø Push for Revenue and Forest departments to provide relevant evidences to the communities. Ø Conduct independent audits of rejected claims to ensure that decisions align with the provisions and spirit of the FRA. Ø Prohibit the use of outdated or incorrect “encroacher lists” by the Forest Department as grounds for rejecting claims. Review wrongly rejected claims. Ø Mandate that SLDCs and DLCs notify and hear claimants before rejecting or modifying their claims, with clear documentation of reasons for rejection.

6.5 Transparency and Accountability Mechanisms

Ø Videotape all critical Gram Sabha meetings and make these recordings publicly accessible to improve transparency and prevent procedural lapses. Ø Create a digital platform to track the status of claims, ensuring claimants can monitor their applications in real time.

6.6 Preventing Evictions and Forced Relocation

Ø Enforce strict compliance with the FRA and related laws, particularly the Ministry of Environment’s 2009 order on forest land diversion. Ø Monitor and prevent evictions, relocations, or displacements of forest-dwelling communities without following due process under Section 4(2) of the FRA. Ø Provide fair compensation and rehabilitation measures for any required relocation from tiger reserves or protected areas.

6.7 Recognition of Rights to Minor Forest Produce (MFPs)

Ø Train Forest Department officials to recognize and support the rights of forest dwellers to collect, sell, and dispose of MFPs. Ø Eliminate undue restrictions on the harvesting and sale of MFPs by issuing clear guidelines for implementation.

6.8 Recognition of Other Community Rights

Ø Ensure that community rights, including access to grazing areas, water bodies, and habitats of Particularly Vulnerable Tribal Groups (PTGs), are recognized and upheld. Ø Facilitate joint meetings between the Forest Department and local communities to address and resolve issues related to these rights.

6.9 Respect for Community Decisions on Forest Protection

Ø Issue state-level directives to Forest Department officials to respect and uphold decisions made by local communities regarding forest protection and management. Ø Promote participatory forest management models where communities and officials collaborate on sustainable practices.

Attachment 1- Rule 13- Evidence for determination of forest rights (1) The evidence for recognition and vesting of forest rights shall, inter alia, include - (a) public documents, Government records such as Gazetteers, Census, survey and settlement reports, maps, satellite imagery, working plans, management plans, micro-plans, forest enquiry reports, other forest records, record of rights by whatever name called, pattas or leases, reports of committees and commissions constituted by the Government, Government orders, notifications, circulars, resolutions; (b) Government authorised documents such as voter identity card, ration card, passport, house tax receipts, domicile certificates; (c) physical attributes such as house, huts and permanent improvements made to land including levelling, bunds, check dams and the like; (d) quasi-judicial and judicial records including court orders and judgments; (e) research studies, documentation of customs and traditions that illustrate the enjoyment of any forest rights and having the force of customary law, by reputed institutions, such as Anthropological Survey of India; (f) any record including maps, record of rights, privileges, concessions, favours, from erstwhile princely States or provinces or other such intermediaries; (g) traditional structures establishing antiquity such as wells, burial grounds, sacred places; (h) genealogy tracing ancestry to individuals mentioned in earlier land records or recognized as having been legitimate resident of the village at an earlier period of time; (i) Statement of elders other than claimants, reduced in writing.

(2) An evidence for “Community Forest Resource” inter alia, include – (a) community rights such as nistar by whatever name called; (b) traditional grazing grounds; areas for collection of roots and tubers, fodder, wild edible fruits and other minor forest produce; fishing grounds; irrigation systems; sources of water for human or livestock use, medicinal plant collection territories of herbal practitioners; (c) remnants of structures built by the local community, sacred trees, groves and ponds or riverine areas, burial or cremation grounds; (d) Government records or earlier classification of current reserve forest as protected forest or as gochar or other village common lands, nistari forests (e) Earlier or current practice of traditional agriculture.

(3) The Gram Sabha, the Sub-Divisional Level Committee and the District Level Committee shall consider more than one of the above-mentioned evidences in determining the forest rights.

ABBREVIATIONS

CFR Community Forest Rights DLC District Level Committee Forest Dwellers Forest Dwelling Scheduled Tribe and Other Traditional Forest Dwellers FRA or Act Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 FR Rules Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 (as amended in 2012) FR Guidelines Guidelines on the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 FRC Forest Rights Committee IFR Individual Forest Rights MFP Minor Forest produce MoTA Ministry of Tribal Affairs OTFD Other Traditional Forest Dweller PESA Panchayati Raj Extension to Scheduled Areas PVTG or PTG Particularly Vulnerable Tribal Groups SDLC Sub-Divisional Level Committee SLMC State Level Monitoring Committee ST

Scheduled Tribes