The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, popularly known as the Forest Rights Act, 2006 is a historic and most progressive law passed unanimously and enthusiastically by Parliament after extensive debate and discussion. It confers land and livelihood rights both individual and community— to Adivasi, Dalit and other families living in forest areas of the country.

In August 2009, in order to ensure the fullest implementation of this law, the-then Ministry of Environment and Forests issued a circular that stipulated that no clearances for diversion of forest land under the Forest Conservation Act, 1980 would even be considered by it unless rights provided under the Forest Rights Act, 2006 were first settled. This was done to protect and promote the interests of tribal and other communities traditionally living in forest areas. As per this circular, the rights of tribal and other communities have to be settled before a decision can even be considered on forest and environmental clearance by the Ministry of Environment, Forests and Climate Change. The circular mandated that free, prior and informed consent of the families affected be obtained for such an exercise to be lawful.

Now, in a new set of Rules issued very recently, the Modi Government has allowed for forest rights to be settled after final approval for forest clearances has been granted by the Central Government. Obviously, this has been done in name of ‘Ease of doing Business’ for a chosen few. But it will end the ‘Ease of living’ for the vast many. Once forest clearance is granted, everything else becomes a mere formality and almost inevitably no claims will be recognised and settled.

These new Rules have been promulgated without any consultation and discussion with stakeholders. They will be challenged in the forthcoming session of Parliament. Sunday, July 10, 2022