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  1. The Forest Rights Act, 2006 provides the right to tribal communities for governing, using and conserving their local forest resources and land through the provision of gram sabhas Provides:
    • Title Rights → cannot be reveresed if once given to tribals
    • Use Rights
    • Relief and Developmental rights
    • Forest management rights
  2. However, this act has been poorly implemented and enforced, and many adivasi communities have faced alienation from their own land and forest resources.
    • Example: Recent acqusition of traditional lands in GHATBARRA village in Chattisgarh
  3. Veto by Advasi gram panchayats to mining and hydroelectric dams:
    • Recently, (may 2016) 5 Adivasi villages in Raigarh, Chattisgarh, unanimously vetoed plans of South Eastern Coalfields Limited (SECL), a subsidiary of Coal India Limited to mine their forests.
    • Some more adivasi villages in Odisha also decided not to award land to “Rungta mines” project
  4. Judicial Action
    • NGT ruled that before constructing hydroelectric project, Himachal Power Corporation place approval before the Lippa village gram sabha in Kinnaur.
    • Supreme Court also ruled in May 2016 that Odisha Mining Corporation must seek the premising of gram sabhas for mining proposal in Niyamgiri hills. [For Vedanta Mining Project] — Dongria Kondh Adivasis
  5. Provisions of the Act
    • Provides the forest tribal communities the right to govern, use and conserve forests through gram sabhas.
    • Also, process of recognition of rights needs the screening and approval at taluqa level and then district level as well.
  6. Some negative developments:
    • Maharastra state government has passed regulations that ensured that forest department retained control over forest management, which includes the large-scale trade and sale of forest produce.
    • Similar rules also notified by the Madhya Pradesh government.
    • This poses threat to the empowering provisions of the FRA.
  7. UN provisions
    • UN Declaration of Rights of the Indigenous People also highlights the principle of “free and prior informed consent” enshrined in its international agreements.