Generating Awareness about Legal Rights of Women Resource Person Professor & Lawyer. Puttu Guru Prasad M.Com. M.B.A., L.L.B., M.Phil. PGDFTM, APSET. ICFAI TMF, (PhD) at JNTU Kakinada Senior faculty for Management studies, VVIT. 93 94 96 98 98, 9885 96 36 36 puttuvvit@gmail.com Recognition of Forest dwelling STs and OTFD whose rights could not be recognized during consolidation of state forests Those who are residing primarily in forests and have dependence on forests for their bona fide livelihood Along with responsibility of conservation of biological resource Rights (Occupation and Habitation) Tenurial Security to live and cultivate
Tenurial security to the Community based Forest Governance
Tenurial security to access to forest produce
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is a key piece of forest legislation passed in India on 18 December 2006. It has also been called the Forest Rights Act, the Tribal Rights Act, the Tribal Bill, and the Tribal Land Act. The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India. ST and OTFD who had occupied forest land before the 13th day of December, 2005 They were in occupation of such land on the date of commencement of the Act, i.e., 31.12.2007 Three generation for OTFD before 13th December2005 MFP (Minor Forest Product) gatherers may be organized through formation of cooperatives/federations or producer companies to enhance bargaining power vis-- vis MFP buyers. Abolition of monopoly of State Agencies in the trade of nationalized MFPs will in fact strengthen institutions engaged in trade of MFPs and making them more competitive and this will reduce exploitation of the rights holders under the watchful eye of the State. Section 3(1)(c) of FRA confers ownership rights over MFP)to forest dwelling STs and OTFD. Can ownership rights over Tendu/Kendu, Bamboo which are nationalised forest produce under the State forest laws be conferred under FRA? Ans: YES Section 2(i) of FRA clearly defines the term minor forest produce which include bamboo and tendu/kendu The conversion of the forest villages into revenue villages shall in no way affect any of the communities residing in the village, even though they may not be belonging to Scheduled Tribe or qualifying as OTFD. FRA does not abrogate rights or privileges recognized under any other Act, Rule or Government Order. In fact, the conversion of forest villages into revenue villages would enable the Government to extend all the development facilities to these villages and the residents of this village would be entitled to get the benefits of the development programmes and schemes of the Government. No permission is needed under FCA, since the Forest Rights Act frees the rights of all encumbrances and procedural requirement of the Forest Conservation Act through Section 4(7). However such conditions must fulfill the conditions under Section 3(2) of the Act namely diversion of less than one hectare, cutting of not more than seventy five trees, recommendation of the Gram Sabha and limited to the thirteen items listed under Section 3(2) of the Act. Procedure for diversion of forest land under Section 3(2) of FRA has been laid down by the Ministry of Tribal Affairs vide Annexure to letter No- 23011/15/2008-SG.II, dated- May 18, 2009. GS is responsible for ensuring fair access to right holders who have rights under the Community Forest Rights and provide reasonable access for meeting needs of other members of Gram Sabha as well as those of external right holders such as nomads. GS is primarily responsible for ensuring sustainable use of forest produce including Minor Forest Produce. GS is authorized to make rules regarding use, harvesting, protection and regeneration of CFR. CFRMC office bearers are vested with powers to prevent forest offences and penalize violators. GS generate revenue and receive and spend grants for its forest related activities. GS should be encouraged to prepare Community Forest Management Plans with a technical support of State Forest Department. GS has the option of merging CFRMC with Biodiversity Management Committee, or any other natural resource-related committee existing in the village. National Commission for Women Nation wide Program for Generating Awareness about Legal Rights of Women
Resource Person Professor & Lawyer. Puttu Guru Prasad M.Com. M.B.A., L.L.B., M.Phil. PGDFTM, APSET. ICFAI TMF, (PhD) at JNTU Kakinada Senior faculty for Management studies, VVIT. 93 94 96 98 98, 9885 96 36 36