Legal Framework for Forest Rights in India: A Critical Analysis

Abstract

The Forest Rights Act (hereinafter referred to as FRA) of 2006 is a landmark piece of legislation in India, designed to address the historical marginalisation of indigenous and forest-dwelling communities. It acknowledges the symbiotic relationship these communities have with forests and seeks to restore their land and livelihood rights. Rooted in India’s constitutional promise to uplift oppressed groups, the FRA also aligns with international frameworks like the ILO Convention No. 107 and the United Nations Declaration on the Rights of Indigenous Peoples, recognising the significance of self-determination, land ownership, and cultural preservation for indigenous populations. Despite its progressive framework, the FRA has sparked debate regarding the balance between conservation efforts and the rights of forest-dependent communities. The delay in implementing the Act, as well as opposition from various stakeholders, highlights the entrenched conflicts over land and resource management in India. The paper highlights that the FRA positions indigenous communities not merely as beneficiaries of state protection but as active participants in forest conservation and governance, drawing on traditional knowledge systems to ensure sustainable environmental stewardship. This paper also discusses how this Act places significant responsibilities on local governance bodies, particularly the Gram Sabha, and establishes a multi-tiered institutional framework to oversee the recognition and vesting of forest rights. However, the efficacy of the FRA remains contingent on transparent and accountable implementation by state and central authorities, as well as the active involvement of the communities it aims to empower. The FRA represents a critical step toward achieving social justice for India’s indigenous populations. It challenges existing paradigms of forest governance, promoting a more inclusive model that integrates human rights and environmental sustainability.