Abstract

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act (FRA), 2006 is framed to undo the "historical injustice" suffered by communities living or dependent on the forest resources of India. The act for the first time recognized customary rights of indigenous forest‐dwelling communities over the forest. The underlined idea is to achieve inclusive development, where the most marginalized community can have a say in the process of development. The paper looks into the issues in relation to implementation of the act in the background of last year’s Indian Supreme Court Judgment. It investigates into the process of the emergence of the act. It reviews the range of forest rights deprivations in the act and how they came about. For instance how over emphasis is given to recognize individual forest rights other than community forest rights and community forest resources rights. It seeks to investigate how in‐spite of operational limitations, the act has significant implication on the livelihood of forest dwellers and the conservation of forests. In the long run an effective and comprehensive FRA has potential in achieving larger goal of inclusive development.

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