Community and Individual Rights Under FRA 2006

9 Dec 2024

Community and Individual Rights Under FRA 2006

Recently Tribal Settlements benefitted Nagaroothu I, Nagaroothu II, and Chinnarpathi Communities  in the Anamalai Tiger Reserve (ATR), in  Tamil Nadu.

Key Highlights of the Rights Granted

  • Collection of minor forest produce (excluding timber): It includes items like mango, amla, honey, tamarind, and grass used for making brooms.
  • Individual Forest Rights:  14 families from Old Sarkarpathy tribal settlement will benefit from this award.
  • Purpose of Rights: Recognised for traditional cultivation practices carried out by their ancestors.
  • Approval Process:
    • Sub-Divisional Committee: Recommended the individual forest rights.
    • District Level Committee: Scrutinised and approved the titles.
    • Authority: Coimbatore District Collector Kranthi Kumar Pati.
  • Act Under Which Rights Were Accorded: Forest Rights Act, 2006.

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Provisions Under the Forest Rights Act, 2006

  • Rights of Ownership: Scheduled Tribes (ST) and other traditional forest dwellers (OTFD) have the right to ownership, access, collection, use, and disposal of minor forest produce traditionally collected within or outside village boundaries.
  • Eligibility for Forest Rights: Any individual or community can claim forest rights if they have resided primarily on forest land for at least three generations (75 years) prior to December 13, 2005, for bona fide livelihood needs.
  • Role of Gram Sabha: The Gram Sabha initiates the process to determine the nature and extent of Individual Forest Rights (IFR) and Community Forest Rights (CFR) for FDST (Forest-Dwelling Scheduled Tribes) and OTFD.
  • Nodal Agency: The Union Ministry of Tribal Affairs (MoTA) is the nodal agency for the implementation of the Forest Rights Act, 2006.

Types of Rights Recognized Under FRA 2006

  • Land Rights: Forest dwellers are granted ownership of land they cultivate, subject to a maximum of 4 hectares per family.
    • Ownership is only for land currently cultivated; no new land can be granted.
    • The land cannot be sold or transferred, except through inheritance.
  • Use Rights: Includes rights to extract Minor Forest Produce (e.g., bamboo, tendu leaves, herbs, medicinal plants).
    • Rights extend to grazing areas and pastoralist routes.
    • Timber is not included as minor forest produce.
  • Relief and Development Rights:
    • Provides rights to rehabilitation in cases of illegal eviction or displacement.
    • Ensures access to basic amenities, with restrictions for forest protection.
  • Forest Management Rights: Includes the right to protect, regenerate, conserve, or manage community forest resources for sustainable use.

Individual Rights Vs Community Rights

Feature Individual Forest Rights (IFR) Community Forest Rights (CFR)
Nature of Right Granted to individuals Granted to communities
Land Ownership Up to 4 hectares of land currently cultivated by the family. Ownership of community forest resources
Resource Access Access to minor forest produce, grazing areas, and pastoralist routes Collective management of community forest resources
Decision-Making Individual decision-making regarding land use Collective decision-making by the community
Eligibility Individuals who have resided on forest land for at least 75 years Communities that have traditionally depended on forest resources

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About Anamalai Tiger Reserve

FRA

  • Location: Located in the Anamalai Hills of Pollachi and Coimbatore districts in Tamil Nadu at an altitude of 1,400 meters.
  • Lies south of the Palakkad Gap in the Southern Western Ghats.
  • Neighboring Protected Areas
    • East: Parambikulam Tiger Reserve.
    • Southwest: Chinnar Wildlife Sanctuary and Eravikulam National Park.
  • Designation and Habitat: Declared a Tiger Reserve in 2007.
    • Features diverse habitats, including wet evergreen forests, semi-evergreen forests, moist deciduous forests, dry deciduous forests, dry thorn forests, and shola forests.
  • Fauna: Houses diverse species, including tigers, Asiatic elephants, sambar deer, spotted deer, barking deer, and leopards.
Additional Reading: FRA 2006

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