Tribal Protests Over Forest Rights Act | 18 Feb 2026
Prelims: Forest Rights Act (FRA), PESA Act, Scheduled Areas, Individual Forest Rights (IFR), Community Forest Rights (CFR), MSP
Mains: Implementation gaps in FRA, Tribal land rights, Centre–State governance issues, Livelihood security of forest dwellers, Conservation vs Rights debate
Why in News?
Recently, tribal farmers in Maharashtra held long marches demanding effective Forest Rights Act implementation, land titles, irrigation, jobs and education reforms.
Summary
- Tribal protests in Maharashtra underscore persistent failures in implementing the Forest Rights Act, resulting in insecure land tenure and livelihood uncertainty in Scheduled Areas.
- Structural issues such as fragmented land records, high rejection of forest rights claims, and marginalisation of Gram Sabhas continue to weaken participatory forest governance.
- Agrarian distress, inadequate irrigation, lack of MSP coverage, and gaps in employment and education have intensified socio-economic vulnerability among tribal communities.
- The movement highlights the need for a rights-based, livelihood-centric governance approach that balances conservation objectives with community participation and constitutional safeguards.
What are the Issues Faced by the Forest Dweller Communities?
- Pre Colonial Era: Before colonialism, local communities had traditional rights over forests in their area or even a wider region. Even if kings or chieftains claimed hunting rights in specific forests, local communities still had access to all other benefits from the forests.
- Colonial Era: The colonial government introduced Indian Forest Act, 1878 which was based on the idea of ‘eminent domain’ (that the ruler always owns all property),.
- The Imperial Forest Department was established to harvest and transform the forest to maximise timber and revenue.
- It was also tasked with protecting ‘state’ property against local communities, now deemed trespassers.
- The injustices imposed by this colonial forest policy took multiple forms:
- Now that forests were seen as primarily a timber resource, shifting cultivation was banned.
- The so-called survey and settlement of agricultural lands was incomplete and biased in favour of the state.
- ‘Forest Villages’ were created to ensure labour for forestry operations , wherein forest land was leased for agriculture to households (mostly Adivasis) in return for compulsory labour (virtually bonded).
- Since forests were now state property, all access to forest produce was limited, temporary and chargeable, and always at the mercy of the forest bureaucracy that was armed with police powers.
- Any concessions to local livelihood needs were termed ‘privileges’ that could be modified or withdrawn any time.
- Even where access was permitted, the local community had no right to manage the forest, as the state logged valuable forests and made heavily used forest de facto open-access.
- The Imperial Forest Department was established to harvest and transform the forest to maximise timber and revenue.
- Post Independence Era:
- After Independence, things didn’t change much. When the government hurriedly brought princely States and zamindari estates into the Union, they declared their forest areas as state property without checking who was living there.
- People who had been living there for generations suddenly became 'encroachers.'
- The government then leased out forest lands under various campaigns, such as ‘Grow More Food’, to meet the needs of a growing population, but they were never properly regulated.
- People displaced by dams were not given alternative lands and ended up 'encroaching' on forest land elsewhere.
- The Wildlife (Protection) Act 1972 and the Forest (Conservation) Act 1980 (FCA), again conceived within the framework of eminent domain.
- Many communities were forcefully moved to establish sanctuaries and national parks.
- When using forests for development, the opinions of local people were not considered, and despite charging significant fees, they were not adequately compensated for the impact on their lives.
- The prolonged non-recognition of cultivated forest land has led to recurring mass mobilisations and long marches by tribal communities.
What is Forest Rights Act, 2006 and its Provisions?
- Recognition: The Act recognizes and vests the forest rights and occupation in Forest land in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD) who have been residing in such forests for generations.
- Eligibility: Forest rights can also be claimed by any member or community who has for at least three generations (75 years) prior to the 13th day of December, 2005 primarily resided in forest land for bona fide livelihood needs.
- Conservation: It strengthens the conservation regime of the forests while ensuring livelihood and food security of the FDST and OTFD.
- Decentralization: The Gram Sabha is the authority to initiate the process for determining the nature and extent of Individual Forest Rights (IFR) or Community Forest Rights (CFR) or both that may be given to FDST and OTFD.
- The Act identifies four types of rights:
- Title rights: It gives FDST and OTFD the right to ownership to land farmed by tribals or forest dwellers subject to a maximum of 4 hectares. Ownership is only for land that is actually being cultivated by the concerned family and no new lands will be granted.
- Use rights: The rights of the dwellers extend to extracting Minor Forest Produce, grazing areas etc.
- Relief and development rights: To rehabilitate in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection.
- Forest management rights: It includes the right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.
What are the Issues in Implementation of the Forest Rights Act?
- Individual Rights vs. Community Rights: Politicians in some states have predominantly focused on individual rights, turning the Act into an 'encroachment regularization' scheme. This approach neglects the recognition and protection of community rights, which are essential for sustainable forest management.
- Poor Recognition of Individual Forest Rights (IFRs): The recognition of Individual Forest Rights has been done poorly, often compromised by resistance from the Forest Department, apathy from other departments, and misuse of technology.
- In some regions, more than 45% of claims have reportedly been rejected, and many approved claims provide smaller land areas than actually cultivated.
- Digital Processes in Areas with Poor Connectivity: Implementation of digital processes, such as the VanMitra software in Madhya Pradesh, has posed challenges in areas with poor connectivity and low literacy rates. This exacerbates existing injustices and hinders the effective filing and processing of claims.
- Incomplete Recognition of Community Forest Rights (CFRs): The slow and incomplete recognition of community rights to access and manage forests (CFRs) is a significant lacuna in FRA implementation. The forest bureaucracy is resistant to these rights, potentially impeding the empowerment of local communities in managing their forests.
- Forest Villages Not Addressed: The issue of 'forest villages' has not been adequately addressed in most states, indicating a lack of comprehensive implementation.
- Despite statutory authority under the Forest Rights Act and PESA, Gram Sabhas are often sidelined during claim verification and approval.
What Steps Are Needed to Address Issues in FRA Implementation?
- Empowerment of Gram Sabha: Ensure that the Gram Sabha, the local self-government in villages, is actively involved in decision-making processes related to forest management.
- Inclusive Decision Making: Encourage the inclusion of rights holders in the decision-making processes to ensure that their perspectives and needs are considered.
- Accountability Measures: Implement accountability measures for any violations or non-compliance with the FRA, ensuring that responsible authorities are held accountable.
- Integrated Planning: Develop integrated plans that consider both the development and conservation needs of forests while respecting the rights and interests of forest dwellers.
- Strengthen PESA Implementation: Enhance tribal self-governance in Scheduled Areas and expand employment opportunities for educated tribal youth.
- Link Livelihood Support with Land Rights: Integrate irrigation, MSP access and rural infrastructure support with forest rights recognition for socio-economic empowerment.
- Convergence-Based Development Planning: Combine forest rights recognition with agriculture, water management and education interventions in tribal regions.
Conclusion
The tribal protests in Maharashtra highlight structural failures in land governance, welfare delivery, and rights recognition in Scheduled Areas. Weak implementation of the Forest Rights Act, livelihood insecurity, and administrative bottlenecks have sustained tribal distress, necessitating a rights-based approach that balances conservation with community participation, corrects land records, and strengthens local self-governance.
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Drishti Mains Question: How do implementation gaps in the Forest Rights Act undermine tribal livelihoods and participatory forest governance? Examine with reference to recent protests in Maharashtra. |
Frequently Asked Questions (FAQs)
1. What is the main objective of the Forest Rights Act, 2006?
To recognize and grant legal forest land rights to Scheduled Tribes and traditional forest dwellers who have been living in forests for generations.
2. Who can claim rights under the FRA?
Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers residing in forest land for at least three generations (75 years) before 13th December 2005.
3. What is the role of the Gram Sabha in FRA?
The Gram Sabha verifies claims and determines the nature and extent of individual and community forest rights.
4.Which types of rights are recognised under the Forest Rights Act, 2006? Title rights, Use rights, Relief and development rights, and Forest management rights.
UPSC Civil Services Examination Previous Year Question (PYQ)
Prelims
Q. At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?
(a) Ministry of Environment, Forest and Climate Change
(b) Ministry of Panchayati Raj
(c) Ministry of Rural Development
(d) Ministry of Tribal Affairs
Ans: (d)
Q. Under which Schedule of the Constitution of India can the transfer of tribal land to private parties for mining be declared null and void? (2019)
(a) Third Schedule
(b) Fifth Schedule
(c) Ninth Schedule
(d) Twelfth Schedule
Ans: (b)
Q. If a particular area is brought under the Fifth Schedule of the Constitution of India, which one of the following statements best reflects the consequence of it? (2022)
(a) This would prevent the transfer of land of tribal people to non-tribal people.
(b) This would create a local self-governing body in that area.
(c) This would convert that area into a Union Territory.
(d) The State having such areas would be declared a Special Category State.
Ans: (a)
Mains
Q. What are the two major legal initiatives by the State since Independence addressing discrimination against Scheduled Tribes (STs)?(2017)