The Forest Rights Act

The Forest Rights Act, for the first time in Indian law, requires that land and resources can only be taken over with the consent of the local community.  The essence of the Forest Rights Act is that forests and forest lands must be managed democratically.

For more information on this, read our note: Using the Forest Rights Act Against Displacement and Large Projects.  This has detailed legal information and instructions on how the Act can be used.

Under section 2 of the Forest (Conservation) Act, any use of forest land for non-forest purposes requires the State government in question to obtain the permission of the Ministry of Environment and Forests (this is called permission to "divert" forest land).  With the Forest Rights Act, this now means the Environment Ministry has to respect forest rights when making this decision.   In particular, no diversion of forest land is legal without:

• Resolutions of the affected gram sabhas stating that the implementation of the Forest Rights Act is complete in the area;
• Resolutions of the affected gram sabhas stating that they have been informed of the details of the project, the proposed diversion of the forest land and the rehabilitation plan (if any) and that they consent to it.

Both resolutions have to be passed with 50% quorum.  All gram sabhas who are losing forest land or forest resources (especially those within whose village boundaries forest land is being diverted) have to supply this resolution.

These requirements were formalised in an order of the Ministry of Environment and Forests dated August 3rd, 2009, to all State governments.  Details are in our note attached below.