The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2007)
The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Act No. 2 of 2007, dated 29 December 2006, was enacted by Parliament and published for general information by the Ministry of Law and Justice, Legislative Department, on 2 January 2007. It recognizes and vests specified individual and community rights over forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers, and establishes a framework for recording those rights.
What the Act covers
The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 applies throughout India except the State of Jammu and Kashmir. It covers land of any description within a forest area, including unclassified, undemarcated, existing or deemed forests, protected forests, reserved forests, Sanctuaries and National Parks.
The law addresses forest rights that were not adequately recorded and recognizes the role of forest communities in sustainable use, biodiversity conservation and ecological balance. It also addresses insecurity caused by unrecognized ancestral rights and displacement linked to State development interventions.
Who is affected
The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 covers:
- Members or communities of Scheduled Tribes who primarily reside in forests or forest lands and depend on them for genuine livelihood needs, including Scheduled Tribe pastoralist communities.
- Other traditional forest dwellers who, for at least three generations before 13 December 2005, primarily resided in and depended on forest or forest land for genuine livelihood needs. One generation means twenty-five years.
- Gram Sabhas, which include all adult members of a village, with full and unrestricted participation of women.
A person dealing with land inside a forest area may therefore need to consider recognized individual or community occupation, use and conservation rights.
Key rights recognized
The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognizes rights including:
- Living on and holding forest land under individual or common occupation for habitation or livelihood self-cultivation.
- Community rights, grazing, fishing, access to water body products and seasonal access for nomadic or pastoral communities.
- Ownership, collection, use and disposal of traditionally collected minor forest produce.
- Conversion of certain pattas, leases or grants on forest land into titles.
- Settlement and conversion of forest villages, old habitations, unsurveyed villages and other forest villages into revenue villages.
- Protection, regeneration, conservation or management of traditionally protected community forest resources.
- Access to biodiversity, traditional knowledge and related community intellectual property.
- Rehabilitation, including alternative land, for certain illegal eviction or displacement before 13 December 2005.
Traditional hunting, trapping or taking body parts from wild animals is excluded.
Development facilities on forest land
The Central Government may provide for limited diversion of forest land for listed government-managed facilities, including schools, hospitals, drinking water works, roads and community centres. Each diversion must be less than one hectare, tree felling must not exceed seventy-five trees per hectare, and the Gram Sabha must recommend the project.
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Common questions
Does this law apply to forest land in Tamil Nadu?
Yes. The Act extends throughout India except the State of Jammu and Kashmir, so it covers qualifying forest land and forest rights in Tamil Nadu.
Who qualifies as an other traditional forest dweller?
A member or community must have primarily resided in and depended on the forest or forest land for genuine livelihood needs for at least three generations before 13 December 2005. The Act defines one generation as twenty-five years.
Does the Act cover reserved forests and National Parks?
Yes. Its definition of forest land includes reserved forests, protected forests, Sanctuaries and National Parks, as well as unclassified, undemarcated, existing or deemed forests.
Does recognition of traditional rights include hunting wild animals?
No. The Act expressly excludes the traditional right of hunting, trapping or extracting any part of the body of a wild animal.
