Previous Year Question

Under Section 6(1) of the Forest Rights Act, 2006, the Gram Sabha is the authority that initiates the process for determining the nature and extent of individual or community forest rights or both.

The Gram Sabha receives, consolidates and verifies claims relating to forest rights and prepares a map showing the area of each recommended claim. It then passes a resolution and forwards the claims to the Sub-Divisional Level Committee.

The Gram Sabha’s resolution is not the final determination. The Sub-Divisional Level Committee examines the resolutions passed by the Gram Sabha, while the District Level Committee finally considers and approves the record of forest rights. The decision of the District Level Committee is final. Thus, the process begins with the Gram Sabha and passes through scrutiny at the sub-divisional and district levels.

The Act recognises the pre-existing rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers. These may include rights over habitation and self-cultivation for livelihood, minor forest produce, grazing, community rights, access to traditional seasonal resources and the protection and management of community forest resources.

The Act does not grant new land. An individual forest right may be recognised only over land under the claimant’s actual occupation before 13 December 2005. Recognition is restricted to the extent of actual occupation and is subject to a maximum of four hectares.

An other traditional forest dweller must have resided in forests or forest land for three generations and must be genuinely dependent on them for livelihood. The Act treats one generation as 25 years; therefore, three generations amount to 75 years.