India’s Environmental Laws and Policies - Environment And Ecology | UPSC Learning
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India’s Environmental Laws and Policies
Medium⏱️ 7 min read
environment and ecology
📖 Introduction
<h4>Context: Ministry of Tribal Affairs' Directive on Forest Rights Act, 2006</h4><p>The <strong>Ministry of Tribal Affairs</strong> recently issued a directive to states. This directive mandates the establishment of <strong>Institutional Mechanisms</strong> to ensure full compliance with the <strong>Forest Rights Act (FRA), 2006</strong>, particularly within <strong>tiger reserves</strong>.</p><p>This move comes amidst growing concerns and complaints regarding unlawful evictions of <strong>forest-dwelling communities</strong>. States like <strong>Madhya Pradesh</strong>, <strong>Maharashtra</strong>, and <strong>West Bengal</strong> have reported such instances.</p><div class='key-point-box'><p><strong>Key Highlights of the Recent Directive:</strong></p><ul><li><strong>Ensure FRA Compliance:</strong> The Ministry stressed that <strong>forest-dwelling communities</strong> cannot be evicted without legal recognition of their rights under both the <strong>FRA, 2006</strong>, and the <strong>Wildlife Protection Act, 1972</strong>.</li><li><strong>Consent for Relocation:</strong> <strong>Section 4(2)</strong> of the <strong>FRA</strong> makes it mandatory to obtain <strong>free, informed consent</strong> of <strong>Gram Sabhas</strong> in writing for any relocation. The Act also provides for settlement rights in the proposed relocation areas.</li><li><strong>Reporting Requirement:</strong> States must submit a detailed report on tribal villages within <strong>tiger reserves</strong> and the current status of their <strong>forest rights claims</strong>.</li><li><strong>Grievance Redressal Mechanism:</strong> States are instructed to establish robust <strong>grievance redressal systems</strong>. These systems will handle complaints and grievances related to evictions from forest areas.</li></ul></div><p>The <strong>National Tiger Conservation Authority (NTCA)</strong> has also sought timelines for relocating <strong>591 villages</strong> located within <strong>tiger reserves</strong>. This further intensifies the ongoing debate between wildlife conservation efforts and the protection of community rights.</p><h4>Understanding the Forest Rights Act (FRA), 2006</h4><p>The <strong>Forest Rights Act (FRA), 2006</strong>, was enacted to formally recognize and grant forest rights and tenure to specific communities. These include <strong>forest-dwelling Scheduled Tribes (STs)</strong> and <strong>Other Traditional Forest Dwellers (OTFDs)</strong>.</p><p>These communities have historically lived in these forests for generations but often lacked formal documentation of their rights.</p><p>The primary aim of the <strong>FRA</strong> is to correct the <strong>historical injustices</strong> faced by these communities. These injustices arose from colonial and post-colonial forest management policies that often overlooked their deep, symbiotic relationship with the land.</p><p>Furthermore, the Act seeks to empower these communities. It enables them to have sustainable access to land and utilize forest resources, thereby promoting biodiversity and ecological balance. It also protects them from illegal evictions and displacement.</p><h4>Key Provisions of the Forest Rights Act, 2006</h4><h5>Ownership Rights</h5><p>The <strong>FRA</strong> grants <strong>ownership rights</strong> over <strong>Minor Forest Produce (MFP)</strong>. This includes the right to collect, use, and dispose of such forest produce.</p><div class='info-box'><p><strong>Minor Forest Produce (MFP):</strong> This term refers to all <strong>non-timber forest products</strong> of plant origin. Examples include <strong>bamboo</strong>, <strong>brushwood</strong>, <strong>stumps</strong>, and <strong>canes</strong>.</p></div><h5>Community Rights</h5><p>The Act recognizes various <strong>community rights</strong>. These include traditional usage rights, such as <strong>Nistar</strong>, which refers to a type of <strong>Community Forest Resource</strong>.</p><h5>Habitat Rights</h5><p>The <strong>FRA</strong> provides crucial protection for the <strong>habitat rights</strong> of specific vulnerable groups. This includes <strong>primitive tribal groups</strong> and <strong>pre-agricultural communities</strong>, safeguarding their traditional habitats.</p><h5>Community Forest Resource (CFR) Rights</h5><p>This provision empowers communities to protect, regenerate, and sustainably manage the <strong>forest resources</strong> they have traditionally conserved. The Act also facilitates the diversion of <strong>forest land</strong> for <strong>public welfare projects</strong> managed by the government, provided it receives approval from the concerned <strong>Gram Sabha</strong>.</p>

💡 Key Takeaways
- •Ministry of Tribal Affairs mandates FRA 2006 compliance in tiger reserves to prevent unlawful evictions.
- •FRA 2006 protects forest dwellers' rights (STs, OTFDs) and corrects historical injustices.
- •Gram Sabha's free, informed consent is essential for any relocation under FRA Section 4(2).
- •FRA grants ownership over Minor Forest Produce (MFP), community rights (Nistar), habitat rights, and Community Forest Resource (CFR) management.
- •Ongoing debate: balancing tiger conservation goals with the rights and livelihoods of forest-dwelling communities.
🧠 Memory Techniques

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📚 Reference Sources
•The Forest Rights Act, 2006 (Official Text)
•Ministry of Tribal Affairs official press releases/directives