Not too happy with the implementation of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, Union Tribal Affairs Minister V. Kishore Chandra Deo has asked the State governments to address several lacunae in the law while implementing it at the ground level.
“If a clear signal is given to implementing authorities that all rights of forest dwellers must be adhered to and that the democratic process under the law must be respected, the forest dwellers of the country may finally find succour and could actually lay claim to their rights,” Mr. Deo has said in a letter to the Chief Ministers of States with a substantial Scheduled Tribes and forest dwelling population.
Pointing out that despite five enactments, the law continues to suffer from many problems, as a result of which a majority of the forest dwellers are not receiving their rights, Mr. Deo said this is against the country’s professed rule of law.
In particular, the rates of rejection of claims are still very high, and the claimants have not been given the reason or even an opportunity to appeal against the rejection.
Where land rights are recognised, title is issued only for a fraction of the area to which the people are actually entitled. Recognition of rights to minor forest produce, grazing areas, waterbodies, and habitats of primitive tribal groups, pre-agricultural communities and pastoralists is very low, Mr. Deo has said.
There have been very few cases where the crucial rights of forest dwelling communities to protect and manage their forests are recognised or respected (and in some cases illegal conditions have been imposed on this right).
As a result, a large number of forest dwellers are facing eviction or harassment at the hands of forest authorities, the Minister has said.