Villagers from 52 villages in Damoh, Narsinghpur, and Sagar districts of Madhya Pradesh have raised concerns regarding the non-recognition of forest rights and forceful evictions in and around the Rani Durgavati Tiger Reserve.

• The Ministry of Tribal Affairs (MoTA) has directed the Madhya Pradesh government to address these issues in consultation with forest departments and district collectors.
  • Villagers claim they are being forcefully relocated outside the reserve, which violates the Forest Rights Act (FRA), 2006 and the Wildlife Protection Act (WLPA), 2006.

Key Provisions of the Forest Rights Act 2006

The Forest Rights Act 2006, formally known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act.

• It aims to address the historical injustice faced by forest-dwelling communities by recognizing their rights over forest land and resources.
• Types of Rights Recognized
  • Individual Forest Rights (IFR): Ownership and cultivation rights over forest land for subsistence and livelihood.
  • Community Forest Rights (CFR): Rights to use, protect, regenerate, and conserve forest resources collectively.
  • Right to Minor Forest Produce: Access to and collection of non-timber forest products like bamboo, honey, and medicinal plants.
  • Right to Habitat: Recognition of the rights of particularly vulnerable tribal groups (PVTGs) to their traditional habitats.
  • Right to Rehabilitation: In case of displacement due to development projects, forest dwellers must be rehabilitated and compensated.

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• Eligibility
  • Scheduled Tribes: Tribals residing in the forest for at least 75 years or before December 13, 2005.
  • Other Traditional Forest Dwellers: Non-tribal communities residing in forest areas for three generations (approximately 75 years).
•  Protection from Eviction
  • Forest-dwelling communities cannot be evicted until their claims under the FRA are verified and settled.

Also Read: List of Tiger Reserves in India

Key provision of Wildlife Protection Act (WLPA), 1972 (Amended in 2006) for Forest Dwellers and Tribal Communities

• Conservation and Livelihood Co-Existence

  • The Act recognizes that forest-dwelling and tribal communities depend on forests for their livelihoods.
  • Wildlife conservation efforts are designed to ensure they do not harm the rights or well-being of these communities.

• Rules for Activities in Protected Areas

  • National Parks and Sanctuaries: Activities like hunting and logging are restricted to protect wildlife.
    • However, tribal communities are allowed to collect minor forest produce under specific rules.
  • Community Reserves: Local communities can actively participate in conservation through community reserves while continuing their traditional practices.

• Relocation from Critical Wildlife Habitats

  • Forest dwellers living in critical wildlife habitats can only be relocated if:
    • It is scientifically proven that their presence harms wildlife conservation.
    • Their free and informed consent is taken before relocation.
    • Proper rehabilitation and compensation are provided to them.

• Community Involvement in Anti-Poaching Efforts

• • Forest-dwelling and tribal communities are encouraged to help prevent poaching.
  • Their indigenous knowledge is valued and used for tracking and protecting wildlife.

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Constitutional provisions for the welfare of tribal communities

The Indian Constitution provides several protections and rights for tribal people, especially concerning their forest rights. 

• Scheduled Tribes: Tribes are recognized as Scheduled Tribes under Article 342 of the Constitution. This grants them special status and protections.
• Scheduled Areas: Article 244 and the Fifth and Sixth Schedules of the Constitution provide for the administration of Scheduled Areas and Scheduled Tribes. 
  • These areas are meant to protect tribal autonomy and culture.
• Article 46: Emphasizes the state’s responsibility to protect the educational and economic interests of marginalized sections, including Scheduled Tribes.
• Article 335: Ensures that the claims of Scheduled Tribes are considered in government appointments, balancing efficiency with social justice. 

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