Forest Rights Act and Gram Sabha Consent”

Prelims Pointer

• Forest Rights Act (FRA), 2006: Officially known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• Recent issue: The Ministry of Tribal Affairs has stated that the FRA, 2006 does not contain a provision requiring Gram Sabha consent for forest clearance.
• Stage-II clearance: The Ministry stated that there is no provision in the FRA and its Rules for obtaining Gram Sabha consent specifically for Stage-II forest clearance.
• Ministry’s position: Matters relating to such Gram Sabha consent do not fall under the purview of the Ministry of Tribal Affairs.

Why is the issue important?

• Forest diversion: Government projects involving diversion of forest land have faced delays over the requirement of 100% Gram Sabha consent.
• Project delays: A Parliamentary Standing Committee on Public Undertakings noted that forest clearance for under-construction projects averaged 106 months, and identified the consent requirement as a major bottleneck.
• Teesta-IV HEP: The Parliamentary panel cited the Teesta-IV Hydroelectric Project as an example of a project stalled because consent from some Gram Panchayats remained pending.

Gram Sabha under FRA

• Role in forest rights: The Gram Sabha has an important role in the process of determination and recognition of forest rights under the FRA.
• Section 6: The Gram Sabha initiates the process of determining forest rights.
• Section 4(5): Recognition and verification of forest rights is to be completed before eviction of eligible forest-dwelling Scheduled Tribes and other traditional forest dwellers.

Key Distinction

• FRA itself: The Ministry’s recent position is that the FRA does not specifically prescribe Gram Sabha consent for forest clearance.
• Forest-diversion procedure: Government procedures for diversion of forest land have required completion of the FRA process, including recognition and vesting of rights, before forest diversion.

Parliamentary Committee Recommendation

• 100% consent: The Parliamentary panel noted that requiring consent from all concerned Gram Sabhas could delay projects.
• Qualified super-majority: It recommended examining the feasibility of 70–75% consent for large hydropower infrastructure projects of national importance.

UPSC Prelims Question

Q. With reference to the Forest Rights Act, 2006, consider the following statements:

1. The Act specifically provides for obtaining Gram Sabha consent for forest clearance for projects.
2. The Gram Sabha has a role in initiating the process of determination of forest rights.
3. The Act seeks to recognise forest rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer : (b) 2 and 3 only

Explanation: The Ministry of Tribal Affairs has recently stated that the FRA, 2006 does not specifically provide for Gram Sabha consent for forest clearance. However, the Gram Sabha has an important role in initiating the determination of forest rights, while the Act recognises the forest rights of eligible forest-dwelling communities.