Saturday 27 June 2015

It is said that the provisions of the Forests Rights Act have not been fully implemented due to various factors. Critically examine these factors and suggest what needs to be done. (200 Words)

Ans:

FRA which is believed to reverse the historical unjustice meted out to the forest dwellers is still seem to lagging behind realising it's objective even after a decade of it's inception.

1. Complexities involved in the process of it's implementation, Gramsabhas though were given public authority status under FRA are lagged behind for 2 reaons. Firstly, indifferent attitude of the forest officials towards gram sabhas which is major glut in this empowerment process. Secondly, majority of the gram sabhas are unaware of their power and responsibilities.

2. Reluctance of the forest bureaucracy to give up the control hitherto enjoyed by them. It has been misinterpreted by the bureaucracy as the regularization of the forest dwellers encroachment.

3. Coordination issues between the centre and the states, where states are showing lack of will to fully implement the provisions of FRA.

Steps to be taken to speed up the implementation process are:

1. Forest officials till the ground level needs to be provided with effective orientation and training regarding the aspects of FRA. Process guidelines should be simplified and provided to the officials for swift implementation.

2. Use of technologies like GPS and colour coding to understand the areas where the implementation is lacking and analyse the reasons for the same in those areas.

3. Effective communication should be provided to the people through NGOs and Ciil Society along with the Forest Officials regarding the FRA to various gram sabhas and panchayats and also few people from every gramsabha can be nominated and provided training by the MoTA on FRA and their implementation.

Ans2:

FRA (2006) was enacted to undo the historical injustice that has been enflicted upon the tribal and marginal people during british time through recognising their right on land and forest resources for the sustenance and livelihood by granting them individual and community forest right.

However enactment of one part of the act which is provides for individual right has been implemented with full attention while the other provision regarding the recognition of community right has not picked up the pace.

According to MOTA 2015 report , total area that has been recognised under the act is meagre 73000 hectares which is one fifth of the potential land.Reasons for poor implementaion are

1.Reluctance of bureaucracy in implementing community rights as it will take away their jurisdiction over the forest other than those claimed by individual and shift it to the gram sabhas.

2.Complexity and huge task involve in the process like preparation of community and individual claims map , verification from the ground evidence and involvement of implementing authorities for the recognition and further if claim is rejected by authorities then explanation.

Steps need to be taken
1.Warning to the Forest bureaucracy for their resistance and poor implementation of the Act.
2.Awareness campaign about the community right provision as many forest communities and state administration are unaware of the provision.
3.Help from civil society can also be taken for the implementation.

Inclusive growth and development would not be fully inclusive untill tribal people and marginal section have their due right in resources which is being provided by the FRA. Further need of political will , clear direction to the state and district administration is inevitable for its implementation.

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