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FOREST RIGHTS ACT, 2006:

FOREST RIGHTS ACT, 2006:. MOVEMENT BEYOND RHETORIC & POLITICAL CORRECTNESS? Dr. M.K.RAMESH Professor NLSIU. I . PERCEPTIONS ABOUT FORESTS. ECONOMIC DEVELOPMENT: MEETING INDUSTRIAL DEMANDS – MINERAL EXTRACTION - MEGA PROJECTS – BIO-PROSPECTING AND IP

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FOREST RIGHTS ACT, 2006:

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  1. FOREST RIGHTS ACT, 2006: MOVEMENT BEYOND RHETORIC & POLITICAL CORRECTNESS? Dr. M.K.RAMESH Professor NLSIU

  2. I . PERCEPTIONS ABOUT FORESTS • ECONOMIC DEVELOPMENT: MEETINGINDUSTRIAL DEMANDS – MINERAL EXTRACTION - MEGA PROJECTS – BIO-PROSPECTING AND IP • ECOLOGICAL : CONSERVATION - MAINTENANCE OF BALANCE • HUMAN RIGHT : SUSTENANCE & SURVIVAL – LIVELIHOOD – SHELTER • LEGAL : PRE- BRITISH ERA # SEAT OF LEARNING AND ABODE OF OUTLAWS ! # CPR # ROLE OF STATE

  3. COLONIAL ERA & POST-COLONIAL PERIOD (- up to 2005) # PRIMARILY STATE PROPERTY- EMINENT DOMAIN- USE FOR PUBLIC PURPOSE- WESTERN NOTIONS OF FOREST MMT. IMBIBED – “PUBLIC TRUST” , A JUDICIAL CONSTRUCT # SCOPE FOR APPROPRIATION OF PRIVATE FORESTS BY STATE # INDIVIDUAL AND COMMUNITY RIGHTS , CONTROL AND MMT.(-CUSTOMARY) – “INTERSTS” AND “ PRIVILEGES”- EXERCISABLE AT THE DISCRTION OF STATE AGENCIES (- A FEW EXCEPTIONS IN CERTAIN STATES : “ VAN PANCHAYATS” ) –JFM & CFM # USE OF FOREST FOR NON-FOREST PUPOSE – CENTRAL APPROVAL

  4. #“RIGHT” JURISPRUDENCE: -LIMITED ACCESS, USE AND MMT. –DISCRETION OF STATE - CLASSIFICATION OF FOREST AND WILDLIFE AREAS, A MAJOR LIMITING FACTOR - CONSTITUTIONAL EVOLUTION NOT ALIGNED TO LEGISLATIVE EVOLUTION CONCERNING NATURAL RESOURCES AND ADMINISTRATIVE PRACTICES (- PROTECTIVE DISCRIMINATION, AFFIRMATIVE ACTION, SCHEDULED AREAS, DECENTRALIZED GOVERNANCE ) WITH THE EXCEPTION OF PESA,1996

  5. II.THE ACT • 1. OBJECTS: -TO RIGHT HISTORICAL INJUSTICE ; - TO ADDRESS THE LONG STANDING INSECURITY OF TENURIAL AND ACCESS RIGHTS AND TO INSULATE FROM FORCED DISPLACEMENT RESULTING FROM STATE DEVELOPMENT INTERVENTIONS; - TO RECOGNIZE AND VEST FOREST RIGHTS, INCLUDING OCCUPATION, IN FOREST DWELLING SCHEDULED TRIBES AND OTHER

  6. TRADITIONAL FOREST DWELLERS (- FOR 3 GENERATIONS)*; - TO PROVIDE A FRAMEWORK FOR RECORDING FOREST RIGHTS - TO RECOGNIZE THEM AS INTEGRAL TO THE VERY SURVIVAL AND SUSTAINABILITY OF FOREST ECO-SYSTEM

  7. 2. RIGHTS : • (A). CATALOGUE OF RIGHTS: (i) RESIDENCE- INCLUDING COMMUNITY TENURES OF HABITAT & HABITATION OF PRIMITIVE TRIBAL GROUPS AND PRE-AGRICULTURAL COMMUNITIES. (ii) CULTIVATION- (INDIVIDUAL & COMMUNITY) -FOR LIVELIHOOD (- INCLUDING CUSTOMARY RIGHTS LIKE “NISTAR”) (iii) OWNERSHIP – TRADITIONAL RIGHTS-OVER MFP (NTFP)- COLLECTION, USE, DISPOSAL; FISHING; GRAZING; PROTECTION, REGENERATION, CONSERVATION OR MMT. OF ANY COMMUNITY FOREST RESOURCE-TRADITIONAL RTS. OF HUNTING/ TRAPPING , EXCLUDED

  8. (iv) CONVERSION (-PATTAS/ LEASES/ GRANTS) TO TITLES • (v) RIGHT OF SETTLEMENT AND CONVERSION OF FOREST VILLAGES INTO REVENUE VILLAGES • (vi) CONTINUATION OF STATUTORILY RECOGNIZED CUSTOMARY/ TRADITIONAL RIGHTS • (vii) ACCESS TO BD & COMMUNITY RIGHT TO IP & TRADITIONAL KNOWLEDGE RELATED BIO- & CULTURAL DIVERSITY

  9. (viii) insitu rehabilitation including right to alternative land when illegally evicted • (B)RIGHT TO BASIC CIVIC AMENITIES: C.G SHALL PROVIDE FOR LIMITED DIVERSION OF FOREST LAND ( -UPON RECOMMENDATION OF GRAMA SABHA) TO MAKE PROVISION FOR SCHOOLS, HOSPITALS, ROADS, TANKS ETC.

  10. (C) NATURE, EXTENT & LIMITS : (i) .HERITABLE BUT INALIENABLE (ii).DISPLACEMENT ONLY AFTER ENSURING TOTAL REHABILITATION (iii). CAP OF 4 HECTARES FOR ACTUAL AREA OF OCCUPATION / CULTIVATION (iv) EACH RIGHT COUPLED WITH A DUTY TO PROTECT WILDLIFE, CATCHMENT AREAS OF WATER SOURCES, CULTURAL & NATURAL HERITAGES

  11. 3.CRITICAL WILDLIFE HABITAT • S.2 (b) • S.4 (2)

  12. 3. ADMINISTRATIVE ARCHITECTURE & PROCESS: • G.S:- TO INITIATE THE PROCESS- PASS RESOLUTION-PETITION AGAINST ITS RESOLUTION WOULD LIE WITH S.D.L.C, WHOSE DECISION CAN BE CHALLENGED BEFORE D.L.C • S.D.LC:- EXAMINE G.S RESOLUTIONS AND PREPARE A RECORD OF RIGHTS • D.L.C :- DECIDE ON RECORD OF RIGHTS-FINAL & BINDING

  13. S.L.M.C:- MONITORS THE PROCESS OF RECOGNITION AND VESTING OF RIGHTS • 4. EFFECT :- (a) s.4 (c)- OVER RIDING EFFECT (b) s.13 - PROVISIONS IN ADDITION TO AND NOT IN DEROGATION OF PROVISIONS OF ANY OTHER LAW IN FORCE

  14. 5. RULES: REQUIRE PARLIAMENTARY APPROVAL • RULES, 2008 w.e.f. 1.1.08 • 6.STATUS OF IMPLEMENTATION

  15. III.UNFOLDING DRAMA OF THE ABSURD ! 2004-2006 • TURF WAR BETWEEN MoEF & MINISTRY OF TRIBAL AFFAIRS • DISAPPEARANCE OF TIGERS FROM SARISKA- TIGER TASK FORCE- REPORT • MEDIA GLARE: BIG FIGHT! • PRESSURE GROUP (-PROMINENT YOUNG MPs) PETITIONING PM TO STALL THE PASSAGE OF THE BILL

  16. T.N.GODAVERMAN CASE: -CEC-FOREST COMMISSION- MoEF DIRECTIVE FOR DISCONTINUATION OF EVICTION OF TRIBALS FROM FORESTS • HUMAN RIGHT GROUPS & POLITICAL PARTIES – ARGUMENT FOR “ INCLUSION OF GROUPS” – TO PREVENT “ SOCIAL DIVISION”! • LONG GESTATION PERIOD OF THE LAW

  17. IV. OUTSTANDING PROBLEMS • INCOMPATIBILITY AMONG DIFFERENT LAWS- LACK OF HARMONY • MULTIPLICITY OF AUTHORITIES • PROBLEM OF CHARACTERIZATION OF RIGHTS AND PROBLEM OF INCLUSION & EXCLUSION • GRAMA SABHA-MARGINALISED ROLE • CRITICAL WILDLIFE HABITATS

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