MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS
(DR. TUSHAR A. CHAUDHARY)
(a): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 has been notified for operation with effect from 31st December, 2007. The
responsibility for implementing the Act lies with the State/ UT Governments. Soon after the
operationalisation of the Act, this Ministry had addressed the State/UT Governments on
11.1.2008 for constituting various Committees under the Act and for initiating necessary action
for recognition and vesting of the forest rights in the forest dwelling Scheduled Tribes and
other traditional forest dwellers. In order to ensure speedy implementation of the Act, the
Ministry had subsequently conveyed the major actionable points, along with the timelines to
the State/UT Governments on 31.1.2008 for initiating follow up action. The Ministry has been
interacting with all the State/UT Governments regularly urging them to take all necessary
steps for expeditious implementation of the Act. Review meetings with the concerned officers
of the State/UT Governments are being held and the officers of the Ministry are visiting the
States to assess and guide the pace of implementation. The Ministry has recently advised and
is pursuing all the State/ UT Governments to ensure completion of the work relating to vesting
of forest rights by end of December, 2009.
(b) & (c): Section 3(1) of the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 already recognizes the forest rights of forest
dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands, including
the right to hold and live in the forest land under the individual or common occupation for
habitation or for self cultivation for livelihood.
(d) to (f): No, Sir. There are no reports that eligible forest dewellers are being denied
their rights. As per the information collected till 31st October, 2009, the status of
implementation of the Act in the States of Chhattisgarh and Madhya Pradesh is as under:
Chhattisgarh Madhya Pradesh
No. of claims filed at
Gram Sabha level 4,57,857 3,71,993 (3,69,437 individual and 2,556 community)
No. of titles distributed 1,92,088 47,460 distributed and 39,799 ready
No. of claims rejected 2,01,903 2,27,964
(g) to(i): The requisite details are given in the Annexure. The forest rights of forest
dwelling Scheduled Tribes and other traditional forest dwellers are recognized and vested as
per the process laid down in the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Rules, 2008 notified on 1.1.2008.
Notes:
1. Arunachal Pradesh: The State Government has informed that though they have constituted
the SDLC, DLC and SLMC under the Act but unlike the other States of Indian Union where the
Scheduled Tribes and other traditional forest dwellers are in minority and socio economically
marginalized by other dominant non-tribal population, the State of Arunachal Pradesh is wholly
domiciled by various ethnic tribal groups whose land and forests are specifically identified
with natural boundaries of hillocks, ranges, rivers and tributaries. Barring few pockets of
land under wildlife sanctuaries, reserved forests, most of the land in entire State is
community land. Territorial boundaries of land and forest belonging to one community or
tribes from the others are also identified in the same line leaving no scopes for any dispute
over the possession of land forest or water bodies among the tribes. Therefore, the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in true
sense does not have much relevance to the State of Arunachal Pradesh.
2. Haryana: The State Govt. has informed that there are no Scheduled Tribes and other
traditional forest dwellers living in the forests of Haryana.
3. Manipur: Information not available.
4. Mizoram: The State Government has informed that the Act is to be approved by the
State Legislative Assembly as per the Article 371(G) of the Constitution. This is awaited.
5. Nagaland: The Government of Nagaland has informed that the land holding system and the
village system of the Naga people is peculiar in that the people are the land owners. Hence,
the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 per se may not be applicable to the State of Nagaland.
6. Sikkim: The Government of Sikkim has issued a notification dated 28.1.2008 regarding
constitution of an Expert Committee for identification of Critical Wildlife habitats in
Protected Areas (PAs) and have also constituted the various Committees under the Act but has
not sent any report regarding the progress of implementation of the Act in the State so far.
7. A&N Islands: The Andaman & Nicobar Administration has informed that in A&N Islands
there are no non-tribal forest dwellers as defined in the Act. The area inhabited by the
Scheduled Tribes of A&N Islands has been declared as reserved area under the A&N Islands
Protection of Aboriginal Tribes (Regulation), 1956. The interest of the tribals in the land
situated in the reserved areas are fully protected under the provision of the regulation.
The tribal reserves have been notified as reserved or protected forest reserve.
8. Daman & Diu: No progress.
9. Lakshadweep: The UT Administration has intimated that there are no terrestrial forests
and no forest tribes or traditional forest dwellers in Lakshadweep.
10. Puducherry: The Government of Puducherry has informed that there are no recognized
Scheduled Tribes in the Union Territory of Puducherry and also no land in Puducherry is
classified as “Forest Land†coming within the definition of Clause 2(d) of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
