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Minister glare on land given to forest minders by Basant Kumar Mohanty

State governments have awarded illegal title deeds for 1.3 lakh acres of forestland, misusing the very provisions of a 2006 law enacted to safeguard tribals’ and other forest dwellers’ rights over their land.

The charge comes from the new Union minister for tribal affairs, K.C. Deo, who says the states “misinterpreted” the law and ended up giving title deeds not only to forest dwellers but also to forest officials.

“We are going to review the distribution of such title deeds and cancel them,” Deo told The Telegraph.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act (FRA), recognises tribal communities’ rights over forestland on which they have been traditionally dependent.

The act provides for the award of title deeds to individuals and communities over the agricultural and homestead land they use.

It, however, does not provide for the award of land deeds to the joint forest management committees, started by the Union environment and forest ministry for protection and conservation of forest resources. Such committees include forest department officials and local forest dwellers.

“The FRA recognises individual rights and community rights of the tribal people and other forest dwellers over the land. The community rights have been misinterpreted by the state governments, which have been giving title deeds to the forest management committees,” Deo said.

This means the forest department officials who are members of such committees get a share of the minor forest produce.

“Title deeds for nearly 1.3 lakh acres of forestland have already been given to such committees. This process has to be reversed,” Deo said. He added that his ministry would amend the rules to check such misuse of the law.

Under the FRA, Scheduled Tribe families and other communities who have been living in the forest for three generations prior to December 13, 2005, are entitled to land deeds. The FRA recognises their right to cultivate forestland and to collect, use and dispose of minor forest produce.

Individuals and communities have to file claims for the title deeds, which are issued by the district administration only after the local gram sabhas approve the claims.

Till April 30 this year, more than 31 lakh claims had been filed under the FRA and nearly 11.69 lakh title deeds distributed.

“This is a landmark legislation that seeks to undo a historical injustice against the forest dwellers. But certain states are lagging behind in implementation of the law,” Deo said.

“The Prime Minister has written to all chief ministers to expedite the process. I am going to review the implementation of the law and persuade the states to speed up the process.”