Download Report- Critical Observations on the Implementation FRA #Mustshare


The very enactment of the historic Forest Rights Act, 2006 by the Indian Parliament in the country
after the 60 years of India’s independence is a landmark constitutional reform. Campaign for
Survival and Dignity (CSD) played a vital role in mobilizing the tribals, forest dwellers and people’s
representatives at different levels in whole country and successfully got this Act passed by the Indian
Parliament which admitted for the first time in the history of India to have done historical injustice to
the tribals and forest dwellers before and after India’s independence. We believe that FRA aims at
reddressal of a numbers of problems arose due to the draconian Acts like Indian Forest Act, 1927 and
Land Acquisition Land, 1894 which were used to evict the tribals and the forest dwellers from their
homes and shelters like goats and cattle. The Forest Rights Act, 2006 not only revived the tribal self
governance regime in scheduled 5th area enforced by the Central PESA Act, 1996 but also it extended
the provisions of the PESA even to the non scheduled area(whole State) empowering the Village
Council, the Gram Sabha to decide over their fate and fate of their resources which has been upheld
by the Supreme Court, the highest Court of the nation in the Niyamgiri case on 18th April 2013.
All the State’s Apparatus has now to accept that “Gram Sabha” is the lowest unit or form of
“Government” having its own exclusive legislative, executive and judicial power and authority over
its stipulated areas like any other forms of Government at Block, District, State and Central level.
The FRA has also raised fundamental questions over the on-going Panchyatitaj systems;
representative system runs in different State and aims at implementation of direct democracy
sidelining the over empowered bureaucracy. Forest Rights Act, 2006 has also challenged the age-old
State hegemony over forest protection and conservation in the name of “scientific forest
management” and has strengthen the conservation regime handing it to the community people who
live and die in the forest.
As per the India State of Forest Report, 2011, the recorded forest area of the country is
769,538 km2, accounting for 23.41 % of the Country’s geographical area. The State of Odisha
constituting only 4.73 of India’s geographical area have around 7% of the total forest area of the
country. While the reserved forest is spread over 26329 km2 constituting 45.28%, Protected forest
spread over 15525 km2 constituting 26.70% and the Un-classed forest is found in 16282 km2
constituting 28% of the total forest area which is 37% of the total geographical area of the State.
However, as per the Odisha Government Report there is 15022058.35 acres constituting 39.16 % of
forest land in the State to its total geographical areas. It is reported that out of this 39.16 % of forest
land, the State Forest Department have 43.32 % of forest land including the reserved forest in the
State while around 52.26 % are Revenue forest land including the protected forest and rest 4.40 %
District Level Committee (DLC) forest land, the revenue land mentioned as DLC land in 1997 as per
the direction of the Supreme Court in connection with WP(c) No. 202/1995.
There is in total 8.21% of tribal population in India. Likewise the tribal population in Odisha
constitutes 22.13 % as per the 2001 census report mostly residing in the rural area. Also Govt. of
Odisha while targeting the implementation of the historic Forest Rights Act, 2006 in the State
referred the State of Forest Report, 1999 which stated that out of 46,989 villages in the State, there
are 29,302 villages located in close vicinity of forest which are to be covered under FRA. The GoO
also has estimated that out of 6420514 rural households, there are 1762342 ST households
constituting 27.44 % in the State. Besides, there is large number of Other Traditional Forest Dwellers
in the State depending on the forest for their subsistence needs to be covered under FRA. Besides,
Odisha has been the hub for the experiment of all the sensational issues in the country and always
been in the limelight of media may be for its ample deposit of mineral and natural resources or for
displacement, poverty, protest etc.

We believe that the effective implementation of this historic Act in its true letter and spirit would
definitely change the scenario of Odisha and resolve most of the socio-economic problems being
faced by the State including the problems of Outlawed Naxal. There has been much progress of
settlement of Individual forest rights of tribals and convergence of developmental progrmmes in the
State from last 2008 in comparison to the Other States of the country. However, still the State has
miles to go before reaching to the destination. After the enactment and implementation of the forest
rights act in the State, Campaign for Survival and Dignity (CSD), Odisha is engaged in making forest
dwellers aware on FRA and actively watching the development and progress of FRA implementation
in the state. And whenever found loopholes in FRA implementation, we have appraised the GoO
through discussion and even through Protest Rally and Dharana. Besides, in many districts, the
different community based and civil society organizations affiliated to the CSD, Odisha have played
a vital role in facilitating forest dwellers in filing forest rights claim. Whenever and wherever we
found rights violations of FRA, we have rush the place, met with our aggrieved people and have tried
to resolve them discussing with the concerned SDLCs/DLCs. We also documented the violations
stories and have shared them with the SLMC and also with the media. We have had special Interface
and discussion with the SLMC on the various FRA implementation issues on 28th Feb 2009, 9th Jan,
2010 and 13th Jan, 2011 etc.
We appreciate Government of Odisha, especially the SCST Department for sincerely
bringing monthly FRA Progress and Status Report which is again unique in comparison to other
State of the country. We also sincerely appreciate the Department for bringing a number of positive
circulars, clarification, guidelines to facilitate the FRA implementation process in the State. Thanks
are also due to the Ministry of Tribal Affairs, Govt. of India for looking after the implementation of
the FRA in the State and guiding the State Government for its better implementation.
This “Critical Observations Report” is based on our involvement and experience in last 10
years of struggle and engagement in the grounds FRA implementation. We have been analyzing the
monthly FRA implantation Progress report, identified a number of issues and have appraised the
government of Odisha time and again to resolve them. Even the GoO has considered some of them
and have brought changes too i.e issuance of ST certificate by the Gram Sabha, segregation of CFR
titles distributed under Section 3(1) and 3(2) etc. Of course a lot more has to be done. This time, our
“Critical Observations and Comments” are made against the monthly “FRA Progress Report Table”
produced by the SLMC from last 2009. Basically the comments are based against the data shown in
different Columns of the latest “FRA Progress Report Table up to 30th April, 2013” and issues
involved therein with the information that we have from the grounds. Besides, we have requested and
sought more information and clarification on the status of other important forest rights recognized
under the forest rights act. We expect the GoO, especially the FRA Nodal SCST Department would
appreciate our efforts and act upon the issues being raised.
We are very much thankful to all of the individual members of the CSD, Odisha, and other
civil society organizations working on FRA in different districts of the State for sharing with us all
necessary information to complete this observation report. Hope, friends interested to know and
understand the various FRA implementation issues in the State of Odisha would find this “CSD,
Odisha’s Observation Report” useful one.
20th May 2013 CSD, Odisha
csdorissa@gmail.com

Download full report here

 

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