By, Daniel Sundar Raj.B.

A Social Work Department Madras Christian College

This Act recognizes forest dwellers' rights and makes conservation more accountable.

 Land

Rights Use Rights Right to protect and Conserve

No one gets rights to any land that they have not been cultivating or using the land for other allied agricultural activities prior to December 13, 2005

Those who are cultivating land or having a grazing land but don't have document can claim up to 4 hectares, as long as they are cultivating the land themselves for a livelihood and using the land for agriculture allied works

Those who have a Patta or a government lease, but whose land has been illegally taken by the Forest Department or whose land is the subject of a dispute between Forest and Revenue Departments, can claim those lands

 Minor

forest produce things like tendu patta, herbs, medicinal plants etc that has been traditionally collected Grazing grounds and water bodies Traditional areas of use by nomadic or pastoralist communities i.e. communities that move with their herds, as opposed to practicing settled agriculture.

 this

law also gives the community the right to protect and manage the forest section 5 gives the community a general power to protect wildlife, forests

 three

step procedure the gram sabha makes a recommendation The gram sabha's recommendation goes through two stages of screening committees at the Taluk and district levels The district level committee makes the final decision land recognized under this Act cannot be sold or transferred.

(a) Schools; (b) Dispensary or hospital; (c) Anganwadis; (d) Fair price shops; (e) Electric and telecommunication lines; (f) Tanks and other minor water bodies; (g) Drinking water supply and water pipelines; (h) Water or rain water harvesting structures; (i) Minor irrigation canals; (j) Non-conventional source of energy; (k) Skill upgradation or vocational training centers; (l) Roads (m) Community centers

Protect the wild life, forest and biodiversity;

Ensure that adjoining catchments area, water sources and other

ecological sensitive areas adequately protected;

Ensure that the habitat of forest dwelling Scheduled Tribes and other

traditional forest dwellers is preserved from any form of destructive

practices affecting their cultural and natural heritage;

Ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity which adversely affects the wild animals, forest and the biodiversity are complied with;

 punished

with fine which may extend to one thousand rupees No suit, prosecution or other legal proceeding shall lie against any officer or other employee of the Central Government or the State Government for anything which is in good faith done or intended to be done under this Act

Lay down a procedure for identification or hamlets or settlements and process of consolidation of their lists, Increase the mandatory tribal membership of Forest Rights Committees from the present one-thirds to two-thirds, Reduce the present requirement of quorum of two-thirds in the gram sabha meetings to one-half, Clarify that the term sustenance includes fulfillment of livelihood needs of self and family, including the sale of any produce, Allow transportation of minor forest produce within and outside forest area through locally appropriate means of transport for use of such produce or sale by forest rights holders or their cooperatives/federations for livelihood, Lay down process for recognition of rights, including community rights, Insert new Claim Forms for Rights to Community Forest Resource and Title Form for Community Forest Resources