Alarmed by high rate of rejection of Forest Rights Act (FRA) claims in LWE areas, the union Ministry of Tribal Affairs (MoTA) has conducted a major review to study reason behind high rate of rejections and has suggested a series of special measures in a letter to all state governments to ensure justice for forest dwellers.
"Yes the rejection in LWE areas is high ... Not jut in LWE areas, the rejection is high across India ... We are reviewing it," Union Tribal Affairs Minister Jual Oram told dna while replying to a query on the issue. The minister added that, "Reviewing is a continuous process and could happen state-wise and area-wise".
In March 2014, the Union cabinet secretariat while reviewing problem of LWE in India discussed high rate of rejection of FRA claims in the LWE affected areas. Of India's 630 districts, over 140 districts across nine states - Chhattisgarh, Jharkhand, Odisha, bihar, West Bengal, Andhra Pradesh, Maharashtra, Madhya Pradesh and Uttar Pradesh - are considered LWE affected (in varying degrees).
Following that meeting at cabinet secretariat, a brief study to look into reason was conducted apart from several consultations on implementation of FRA in LWE affected States.
The study found several reasons behind the high rate of rejection including lack of awareness regarding procedures at the gram sabha level, lack of co-ordination between revenue and forest departments, non-communication of reasons behind rejection of claims to claimants, duplicate claims, objection from forest departments among others.
Another major reason was high rate of rejection of community rights and community forest rights (CFR). "The community rights have been awarded to VSS/JFM committee which are not in accordance with the FRA procedures," said MoTA's letter to all principal secretaries (on 12 September, 2014) of the State Governments wherein it also suggested a series of special measures to review the wrongly rejected claims and ensure proper implementation of FRA in LEW affected areas.
MoTA suggested that "States and District Collectors take proactive steps to mobilise maximum number of claims from the LWE affected States and issue directives and guidelines for the front line staff to address the local issues and challenges for better implementation of FRA on the ground".
It also batted for regular monitoring through video conference by Chief Secretary (of State governments) with district collectors and sub-division level implementing officials which the ministry felt would yield results, as in case of Odisha and Chhattisgarh".
The ministry said states send data to MoTA clearly mentioning LWE district-wise status on rejection along with reasons for monitoring and review. "This would help in reviewing the wrongly rejected claims," said the letter.
The letter also suggested a kit of standardised stationery like copies of FRA Act and rules in local language, important circulars, forms, maps, sample verification report, land categories checklist should be made available at the Gram Sabha level to improve the situation while asking for a similar kit for implementing officials.
"The reasons for rejection of claims must be communicated to the claimant in writing and claimant should be given a chance of appeal," said the letter further while adding that process should not just end with recognition of of rights, the record of rights (ROR) have to be created in the revenue code of law as well."
"Claims to JFM areas under CFR by VSS and grant of titles to VSS are not permissible under FRA," added the letter. Activist state that grant of claims to VSS is an illegal act because it ultimately yields to control to forest officials.
For benefit of tribals
MoTA is the nodal ministry under Central government for implementing FRA Act 2006 which seeks to recognise and give the forest rights and occupation in forest land to forest dwelling, scheduled tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. The main objective behind this to ensure that tribals also become part of development and does not feel alienated.
But till 31st July, 2014, a total of 37,92,345 claims have been filed and 14,86,289 titles have been distributed. In other words it means nearly 50% of claims have been rejected.
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