A group of 63 retired IFS officers from different States have written letters to the top brass at the Centre, including the Prime Minister, Union Ministers of the MoEF&CC and Ministry of Tribal Affairs, expressing concern over the alleged misuse of the Forest Rights Act (FRA) 2006.
The officers have alleged that in the recent past, some States have granted title for lakhs of acres of forest lands by misusing loopholes in the rules and ambiguous guidelines issued from Ministry of Tribal Affairs (MoTA). They said that as per the Forest Rights Act, claimants who were in possession of forest land as on December 13, 2005, are eligible for grant of title over forest land.
“In recent years, District Level Committees, ostensibly under directions of political executives, are misusing FRA/Rules especially that relate to the oral evidence of village elders, by not taking satellite imagery-based evidence into consideration, and by avoiding to take cognizance of gram sabhas conducted for the purpose repeatedly without following the provision regarding extension of time limits for claim submission. As a result occupational/cultivation rights/titles (generally called patta)are being recognised in favour of ineligible claimants who occupied forest land even after the cut-off date of 13.12.2005,” they said in the letter.
This is not only a violation of FRA, but is also violative of Forest Conservation Act, 1980, and Indian Forest Act, 1927, the pointed out.
With ineligible communities being granted rights without specifying “extent” along with “nature” of the community rights, the “uncontrolled extractions” possible under such grants has started jeopardising the sustainability of forest resources, including minor forest produce, they have said. “Taking the example of just bamboo, Forest Survey of India’s State of Forest Report 2021 has reported that there is a loss of 10,594 sq. km bamboo bearing area from the area indicated in 2019,” they added.
“Not just on all other forest lands, but the right of management is being granted even inside Tiger Reserve areas with gross contempt towards the letter and spirit of the Act; some glaring examples existing in the States of Chhattisgarh, Maharashtra, and Karnataka,” the letter said.
The IFS officers submitted a list of suggestions to plug loopholes in implementation of FRA, including giving instructions to all States to direct forest field officials to present satellite imageries showing status of forest encroachment as on December 13, 2005, and other documentary evidences, issuing instructions to the effect that claims will not be admitted solely on the evidence of village elders but it should be supplemented with any other evidence.
“State Governments should be advised to stop the conducting of gram sabha meetings repeatedly after 17 years now for the purpose of conferring individual forest rights over forest lands in such habitations where exercise has been already completed after final decision of District Level Committee. For any extraordinary reasons, if state govt proposes to re-conduct the exercise in any village for giving individual forest rights, they must, giving due justifications with reasons, get appropriate guidelines issued for the purpose from MoTA,” says the letter, adding that all cases of grant of community forest rights must be instructed to have the entry of the ‘extent’ of produce allowed.
“Unfortunately, MoEF has not been monitoring implementation of FRA and has left it to MoTA and State Forest Departments. As the custodian of forests of the country, it is the primary responsibly of MoEFCC, to ensure that ineligible claimants are not given forest rights in violation of FCA 1980 under the pretext of implementation of FRA,” the officers add.
