**Executive Summary**
This document is the answer from the Minister of State for Tribal Affairs to Unstarred Question No. 2034 regarding the preservation of tribal identity and collective rights. It addresses concerns about the prioritization of community forest titles, the slow processing of claims, and the shifting of authority related to the Forest Rights Act (FRA). The response highlights actions taken by the Ministry to support the FRA implementation and resolve related issues.
**Key Points / Main Content**
* **Forest Rights Act and Community Forest Rights (CFRs):**
* The Forest Rights Act, 2006, aims to correct historical injustices against Scheduled Tribes and traditional forest dwellers by recognizing their rights over forest lands and resources.
* Section 3(1)(i) of the Act provides rights to protect, regenerate, conserve, or manage Community Forest Resources (CFRs) sustainably.
* **Ministry's Actions for CFR Protection:**
* The Ministry of Tribal Affairs issues advisories to State Governments and UT Administrations to protect and recognize Community Forest Rights (CFRs).
* Detailed guidelines for Conservation, Management, and Sustainable Use of Community Forest Resources were issued in 2023 to facilitate effective CFR governance.
* Financial support is provided under the Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DA-JGUA) for strengthening Gram Sabhas and Community Forest Resource Management Committees.
* **Addressing Pending Claims and FRA Implementation:**
* The Ministry consistently engages with State Governments and UT Administrations to monitor the implementation of the Forest Rights Act (FRA) and expedite the disposal of pending claims through periodic review meetings.
* States with high levels of pendency have been directed to undertake special drives for accelerated backlog clearance.
* State Governments are repeatedly advised to ensure the regular convening of Gram Sabhas, Sub-Divisional Level Committees (SDLCs), and District Level Committees (DLCs) for timely scrutiny and disposal of claims.
* State Level Monitoring Committees (SLMCs) are urged to proactively review and address grassroots-level issues.
* **Resolution of Concerns in Chhattisgarh:**
* The matter related to the State Government of Chhattisgarh regarding the shifting of FRA nodal authority has been resolved.
* The Ministry is committed to safeguarding the spirit of the Forest Rights Act, 2006, and ensures its implementation through regular advisories, review meetings, capacity-building programs, and targeted interventions.
**Impact Analysis**
**Stakeholder: Scheduled Tribes and Other Traditional Forest Dwellers**
* **Impact:**
* Protection of their rights over forest lands and resources, safeguarding tribal identity, customary governance systems, and their collective access to forest resources.
* **Action Required:**
* Actively participate in Gram Sabhas and Community Forest Resource Management Committees.
* Engage with State Governments and UT Administrations to resolve FRA implementation issues.
**Stakeholder: State Governments and UT Administrations**
* **Impact:**
* Responsible for implementing the Forest Rights Act (FRA) and ensuring the protection of Community Forest Rights (CFRs).
* **Action Required:**
* Follow advisories issued by the Ministry of Tribal Affairs.
* Convene regular meetings of Gram Sabhas, SDLCs, and DLCs.
* Undertake special drives to clear pending claims.
* Proactively address grassroots-level issues related to FRA implementation.
**Stakeholder: Ministry of Tribal Affairs**
* **Impact:**
* Responsible for overseeing the implementation of the Forest Rights Act (FRA) and ensuring the protection of Community Forest Rights (CFRs).
* **Action Required:**
* Continue issuing advisories to State Governments and UT Administrations.
* Monitor the implementation of the Forest Rights Act (FRA) and expedite the disposal of pending claims through periodic review meetings.
* Provide financial support to State Governments under the Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DA-JGUA) for strengthening Gram Sabhas and Community Forest Resource Management Committees.
Key Entities Referenced
Forest Rights Act, 2006: A law enacted to address historical injustices to Scheduled Tribes and other traditional forest dwellers by recognizing their rights over forest lands and resources.
Ministry of Tribal Affairs: The primary ministry responsible for the implementation and monitoring of the Forest Rights Act and the protection of tribal rights.
Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DA-JGUA): A scheme providing financial support to state governments for strengthening Gram Sabhas and Community Forest Resource Management Committees.
Chhattisgarh: A state where the nodal authority for the Forest Rights Act was shifted from gramsabhas to forest departments.
Community Forest Resources (CFRs): Resources that communities have the right to protect, regenerate, conserve, or manage, as per Section 3(1)(i) of the Forest Rights Act, 2006.
GOVERNMENT OF INDIA
MINISTRY OF TRIBAL AFFAIRS
LOK SABHA
UNSTARRED QUESTION NO.-2034
TO BE ANSWERED ON- 11.12.2025
PRESERVATION OF TRIBAL IDENTITY AND COLLECTIVE RIGHTS
2034. SHRI SUKHDEO BHAGAT:
Will the Minister of TRIBAL AFFAIRS be pleased to state:
(a) whether the Government has not prioritized the protection of community forest titles which preserve tribal
identity and collective rights despite the Fact Findings Committee flagging this as a major gap;
(b) if so, the reasons therefor;
(c) the Concrete steps being taken by the Government to fast-track claim verification to address backlog and
prevent further marginalization of forest dwelling tribals;
(d) the reaction of the Government to the shifting of FRA nodal authority from gramsabhas to forest
departments in Chhattisgarh; and
(e) whether such a move undermines tribal self governance and if so, the steps being taken to Safeguard the
spirit of FRA?
ANSWER
MINISTER OF STATE FOR TRIBAL AFFAIRS
(SHRI DURGADAS UIKEY)
(a) & (b): The Forest Rights Act, 2006 was enacted with the objective of undoing the historical injustices
faced by Scheduled Tribes and Other Traditional Forest Dwellers due to the long-standing non-recognition of
their rights over forest lands and resources. Section 3(1)(i) of the Act explicitly provides for the “rights to
protect, regenerate or conserve or manage any Community Forest Resource which they have been
traditionally protecting and conserving for sustainable use.”
Ministry of Tribal Affairs has issued advisories to State Governments and UT Administrations to ensure the
protection and recognition of Community Forest Rights (CFRs) in the true letter and spirit of the FRA, with
the aim of safeguarding tribal identity, customary governance systems, and their collective access to forest
resources. Further, the Ministry has issued detailed Guidelines for Conservation, Management, and
Sustainable Use of Community Forest Resources in 2023 to facilitate effective CFR governance.
In addition, necessary financial support has been extended to State Governments under the Dharti Aaba
Janjatiya Gram Utkarsh Abhiyan (DA–JGUA) for strengthening Gram Sabhas and Community Forest
Resource Management Committees, including for the preparation and implementation of community-led
forest management plans.
(c): The Ministry of Tribal Affairs has consistently engaged with State Governments and UT Administrations
through periodic review meetings to monitor the implementation of the Forest Rights Act (FRA) and to
expedite the disposal of pending claims. States with high levels of pendency have been specifically directedto undertake special drives for accelerated backlog clearance. Further, the Ministry has repeatedly advised
State Governments to ensure the regular convening of Gram Sabhas, Sub-Divisional Level Committees
(SDLCs), and District Level Committees (DLCs) for the timely scrutiny and disposal of claims. The State
Level Monitoring Committees (SLMCs) have also been urged to proactively review and address grassroots-
level issues to facilitate effective and efficient implementation of the Act.
(d) & (e): The matter was related to the State Government of Chattisgarh and has been resolved. The Ministry
of Tribal Affairs is fully committed to safeguarding the spirit of the Forest Rights Act, 2006. Regular
advisories and review meetings are held with State Governments and UT Administration to ensure FRA is
being implemented. Time and again several Capacity-building programmes, technical support, and advisories
are issued to the States. The Ministry also monitors progress and supports States through targeted interventions
under schemes like DA-JGUA.
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