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International Journal of Pure and Applied Mathematics
Volume 119 No. 15 2018, 1659-1666
ISSN: 1314-3395 (on-line version)
url: http://www.acadpubl.eu/hub/
Special Issue http://www.acadpubl.eu/hub/
An Analysis on the Impact of Forest Right Act 2006
among the Tribal People in the District of Palakkadu,
Kerala
1 2
C.A. Wilson and M. Rajesh
1Department of Political Studies,
Bharathiar University, Coimbatore.
2IGNOU, Vadakara.
Abstract
Forest Right Act, 2006 is the remedy by the legislation to the historical
injustice to the forest dwellers. The Act made possible to create a balance
between the needs of the lively forest dependent tribal and the
developmental programs by the government and the democracy in the area
of forest management. It is the main light of the FRA that they respect the
freedom and rights of the forest dwellers who always been dependant on
the vegetation found in the forests. According to this study in the state of
Kerala, the FRA is promoted and the tribals were aware of their rights and
benefits except a minority. The socio–economic and political developments
are happening with the implementation of the FRA. The study
recommends avoid passivity of the implementation and the passive
attitude of the beneficiaries.
Key Words:Forest right Act, 2006,forest dwellers, tribals and rights .
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International Journal of Pure and Applied Mathematics Special Issue
1. Introduction
In 2005, according to the request of Ministry of Tribal Affairs a draft of the
Scheduled Tribes (Recognition of Forest Rights) bill came to overcome the
backdrop of globalisation, liberalisation and rapid growth. The entry of
multinational organisations created anarchy among the tribals. The Forest
Rights Act-FRA passed in 2006 and came into effect on 1st January, 2008. It
notified in the Rules the rights of the forest dwelling people, recognising them
in the Indian forest policy formation for the first time. The general assembly of
th
United Nations adopted a Declaration of the Right to Development on 4
December 1986 recognizing that, development is a comprehensive economic,
social, cultural and political process, which aims at the constant improvement of
the well being of the entire population and of all individuals on the basis of their
active, free and meaningful participation in development and in the fair
distribution of benefits resulting there from. The special attention of the
Constitution as Article 15 (1) prohibits discrimination on the grounds of
religion, race, caste, sex, or place of birth. The state would be entitled to make
special provisions for women and children, and for advancement of any social
and educationally backward classes of citizens, or for the SC/STs. Article
16(1)&(4), Article 17, 23 and 38 of Indian constituition deals with humanitarian
rights. The constitution of India, like the UN declaration, has acknowledged and
given the indigenous people of India several rights. In the Constitution of India
the term "scheduled tribe" is understood to be "Adivasis", a word that literally
means 'first dwellers' or original inhabitants (indigenous people). The
constitutional rights have remained largely on paper. on 'Land alienation’ by the
Kerala State Planning Board shows that over 7% tribals are alienated from their
land every decade due to development projects, industries and failure of legal
safeguards like law of protecting the tribal lands. Land alienation continues to
be a major issue among tribal communities.
The PESA Act, which gives extensive powers to the Gramsabha (village
parliament) and was to usher in self-rule for the tribals, has not been taken
seriously in any of the Indian States. So far none of the States has framed even
the rules for implementation. Hence the tribal self-rule is only a promise on
paper. The tribal areas are also ruled by the general Panchayati Raj- act 1993.
2. Statement of the problem
The Indian Forest Act 1927, which denied the rights of forest dwelling tribes.
Rights of tribes to travel freely in the forests were restricted. Tribes could be
arrested in the forest without any warrant or without informing the reason. Right
for shifting cultivation restricted. Tribes denied rights over forest produces.
Forest department given power to acquire land which is occupied by the tribes.
The implementation of The Scheduled Tribes Forest Rights
Act (FRA) in Kerala
The Kerala government initiated the implementation process of FRA by
constituting a state level committee. The committee fixed a time frame to
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International Journal of Pure and Applied Mathematics Special Issue
complete various activities. Kerala government constituted Gram Sabhas at the
tribal hamlet level for the purpose of implementing FRA keeping in view the
larger interest of the tribal population. The success or failure of the FRA
depends upon how effectively the Act was implemented and tribal communities
benefited by this Act. The Kerala government initiated the implementation
process of FRA by constituting a state level committee immediately after
passing the Act. Still the majority of the primitive tribes living in the forests are
ignorant of the Forest Rights Act (FRA
3. Scope of the Study
The tribal communities are the ultimate beneficiaries of the Act. Their benefits
from the Act depend upon how effectively they articulate their forest rights over
land and other forest products. There the need to build an effective system to
transmit information about the FRA to the tribal communities. There is passive
approach from the gram sabha, the sub divisional level committee, the
divisional level committee and state level committee and proper coordination is
a must among them to proper implementation of FRA.
4. Objectives
1. To measure the right based developments of the tribals in the district of
Palaghat
2. To ascertain the living status of the tribals in the district of Palaghat.
3. To measure relationship between the FRA and the improvements in the
tribal lives.
5. Literature Review
Anuradha.K.P. (1999) aims to a tackle the complex issues of human rights
violations in India from a different perspective. It covers such diverse issues as
the constitutional context of human rights, child rights, women rights, rights of
disabled people, rights of tribals and so on.
Uma Devi.K. (2004) opined in the study contribute issues provide a panoramic
view of the various provisions in national legislations as well as of the
Multilateral Conventions and Treaties, tracing them from their evolutionary
stage. The articles also highlight the limitations and atrocities caused to
economic, social and cultural rights of tribal people, including tribal children, of
India.
Mathur, P.RG. (1977) speaks about social, cultural, economical and political
situation in Kerala tribal. Tribal people groups who are food-gatherers with
diminishing population and very low or little literacy rates can be called as
Primitive Tribes. There are the five primitive tribal groups in Kerala.
Luiz, A.A.D. (1962) 45 made a detailed study of all the 48 tribes of Kerala. He
has discussed their mode of living, occupation, diet, religion, taboos, marriage
and rituals. He provides an insight into the changing pattern of the tribal's social
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International Journal of Pure and Applied Mathematics Special Issue
life in the context of the socio-economic conditions of the State as a whole.
Batra , T.S. (1979) articulates his concern about the violation of human rights.
He explains how on the one hand human rights are proclaimed to be inviolable
and on the other hand how human beings seeking such rights are tortured, killed
and even burnt alive. This book is highly useful in identifying the areas of
violations of human rights.
Profile of the Area
The study was conducted at the tribal areas of Palakkad, Kerala state.
6. Research Methodology
This study aims to measure the impact of Forest Right Act, 2006 among the
tribal people, Palaghat District, Kerala. The study describes the present section
in a systematic way as follows:
Research Design
The design of the study made in accordance with data collection and analysis.
The study involves descriptive and exploratory analysis. Data collection was
done from both primary and secondary sources. The primary data consists of the
opinion of the tribal people living in the Palghat District. Secondary data was
collected from different Magazines, Journals, News Papers and online resources
including past studies done on the problems of tribals and the FRA. The study
survey sample size was taken, by choosing stratified random sampling.
Statistical Tools Used
The tools used for the analysis are as follows:
i) Simple Percentage
ii) Correlation test
Table 1: Socio-Demographic Profile
Particulars Number Percentage Cumulative
Percentage
Male 55 50 100
Female 55 50
Married 77 70 100
Unmarried 43 30
Upper Primary Education 65 59 100
Matriculation 25 23
Higher Secondary 20 18
Unemployed 45 41
Employed 55 50 100
Self - Employed 10 9
Aware about the benefits of FRA 85 77 100
Partly/ unaware about the FRA benefits 25 23
*Source: Primary Data
The table Socio–Demographic Profile depicts that number of male and female
respondents were 55 in number (50 percent) each. The married respondents was
77 (70 percent) and the unmarried people 33(30 percent).Among the
respondents educated up to Upper primary was 69 (59 percent), up to
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