Retired Indian Forest Officers are concerned over the misuse of the Forest Rights Act (FRA) 2006. Expressing this concern, 63 retired IFS officers from different States have written letters to the top officials at the Centre, including the Prime Minister, Union Ministers of the MoEF&CC and Ministry of Tribal Affairs.

They have alleged that in the recent past, some states have granted title for lakhs of acres of forest lands by misusing loopholes in the rules and ambiguous guidelines issued from Ministry of Tribal Affairs (MoTA). They wrote in the letter, “Under the directions of political executives, district level committees are misusing FRA/Rules especially that relate to the oral evidence of village elders, by not taking satellite imagery-based evidence into consideration, and by avoiding to take cognizance of gram sabhas conducted for the purpose repeatedly without following the provision regarding extension of time limits for claim submission.” As a result occupational/cultivation rights/titles (generally called patta) are being recognised in favour of ineligible claimants who occupied forest land even after the cut-off date of 13.12.2005. They pointed out that as per the Forest Rights Act, claimants who were in possession of forest land as on December 13, 2005, are eligible for grant of title over forest land and not after that.

This is not only a violation of FRA, but is also violative of Forest Conservation Act, 1980, and Indian Forest Act, 1927, they pointed out.

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With ineligible communities being granted rights without specifying “extent” along with “nature” of the community rights, the “uncontrolled extractions” possible under such grants has started jeopardising the sustainability of forest resources, including minor forest produce, they wrote.

“Not just on all other forest lands, but the right of management is being granted even inside Tiger Reserve areas with gross contempt towards the letter and spirit of the Act; some glaring examples existing in the states of Chhattisgarh, Maharashtra, and Karnataka,” the letter said.

The IFS officers also submitted a list of suggestions to plug loopholes in implementation of FRA, including giving instructions to all states to direct forest field officials to present satellite imagery showing status of forest encroachment as on December 13, 2005.