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UPSC Dictionary

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India has the longest written constitution in the world with 448 articles across 25 parts and 12 schedules.

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UPSC Dictionary

Forest Rights Act (FRA), 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) is an Act of the Parliament of India that recognizes the rights of forest-dwelling tribal communities and other traditional forest dwellers (OTFD) to forest resources. The Act was enacted in December 2006 to correct the "historical injustice" done to these communities whose rights were denied over decades due to colonial forest laws. It provides for the restitution of deprived forest rights across India.

The FRA's mechanism is centered on recognizing four types of rights, including Title rights which grant ownership of land actually cultivated by a family, up to a maximum of 4 hectares. Section 3(1) of the Act includes the right to hold and live in forest land for habitation or self-cultivation for livelihood. It also recognizes Community Rights, such as access to biodiversity, traditional knowledge, and the right to protect, regenerate, or conserve any community forest resource. The Gram Sabha is a highly empowered body under the Act, responsible for conservation and protection of bio-diversity, and its written consent must be obtained before any changes occur to forest lands.

The FRA connects to the constitutional framework by expanding the mandate of the Fifth and the Sixth Schedules of the Constitution, which protect the claims of indigenous communities. It is administered by the Ministry of Tribal Affairs. Regarding changes, the Ministry of Environment, Forest and Climate Change (MoEFCC) introduced an amendment on 28 June 2022 that enabled state governments to de-reserve or divert forest lands. Earlier, a circular was issued in 2009 confirming the necessity of the Gram Sabha's written consent for changes to forest lands.

References

  • tribal.nic.in
  • wikipedia.org
  • fra.org.in
  • drishtiias.com
  • survivalinternational.org
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