Commercial cultivation within forest land not protected under FRA, 2006: SC

 Why in News?

The Supreme Court has observed that commercial crop cultivation within reserve forest areas cannot be recognised as a forest right under the Forest Rights Act (FRA), 2006. The observation came in a case concerning extensive silk cotton cultivation in the reserve forests of the Agasthyamalai Biosphere Reserve.

Key Observations of the Supreme Court

• Distinction between forest dwellers and commercial cultivators: The Court distinguished forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers from commercial cultivators and plantation owners.
• Minor Forest Produce (MFP): Section 3(1)(c) of the FRA recognises the rights of eligible forest-dwelling communities to own, collect, use and dispose of minor forest produce.
• Commercial cultivation: Cultivation of commercial crops cannot automatically be treated as a forest right to justify occupation or continued presence within reserve forests.
• Silk cotton cultivation: The Court directed the Central Empowered Committee (CEC) to examine the Tamil Nadu government’s claim that silk cotton was a minor forest produce.
• Prima facie view: The Bench expressed reservations about the State’s claim of historical silk cotton cultivation in the area.

About the Forest Rights Act (FRA), 2006

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognises the historical rights of forest-dwelling communities over forest resources.

Major Provisions:

• Recognises individual and community forest rights of eligible forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers.
• Recognises rights over minor forest produce, including the right to own, collect, use and dispose of such produce.
• Recognises community rights such as grazing, fishing and access to water bodies, subject to the provisions of the Act.
• Provides for the role of the Gram Sabha in initiating the process of determining forest rights.

What is Minor Forest Produce (MFP)?

• MFP refers to all non-timber forest produce of plant origin.
• It includes: bamboo, brushwood, stumps and cane; Tussar cocoons, honey, wax and lac; Tendu or Kendu leaves; medicinal plants, herbs, roots and tubers.

Related Government Initiatives

1. Minimum Support Price (MSP) for MFP

• The Government has notified MSP for 87 minor forest produce items under the Pradhan Mantri Janjatiya Vikas Mission (PMJVM).
• It seeks to provide remunerative prices to tribal gatherers and protect them from distress sales.

2. Panchayats (Extension to Scheduled Areas) Act (PESA), 1996

• Extends the provisions of Part IX of the Constitution relating to Panchayats to the Fifth Schedule Areas.
• Recognises the ownership of Gram Sabhas or Panchayats, as applicable under State law, over minor forest produce.

3. Tribal Cooperative Marketing Development Federation of India (TRIFED)

• TRIFED promotes the marketing and development of tribal products.
• It implements the MSP for MFP mechanism through State implementing agencies, including tribal development cooperatives and forest development corporations.

Sources: BL & PIB

CLICK HERE: GS TIMES UPSC PRELIMS & MAINS CURRENT AFFAIRS BASED DAILY TEST (ENG & HINDI)

DOWNLOAD PDF: GS TIMES UPSC (CSE) PRELIMS & MAINS CURRENT AFFAIRS BASED MONTHLY TEST PDF

CLICK HERE: DAILY CURRENT AFFAIRS QUIZ (FOR ALL EXAMINATIONS)

CLICK HERE FOR GS TIMES PRAHAR UPSC GS MAINS TEST SERIES