Forest Rights Act (FRA) & Gram Sabha Consent

Context
The Ministry of Tribal Affairs (MoTA) has stated that the Forest Rights Act, 2006 does not explicitly provide for Gram Sabha consent for forest clearance. However, government rules require completion of FRA procedures before forest diversion.

Key Points

• FRA, 2006 recognises the forest rights of Scheduled Tribes and Other Traditional Forest Dwellers.
• Gram Sabha plays a central role in identifying and recognising forest rights under the FRA.
• For forest diversion, government guidelines require:
1. Identification and settlement of FRA rights.
2. Vesting of recognised rights.
3. Gram Sabha NOC regarding diversion of forest land.
• MoTA is the nodal ministry for FRA implementation, but it says forest-clearance consent matters do not fall under its purview.
• NHPC and the Power Ministry have identified Gram Sabha consent as a major bottleneck in large hydropower projects.
• Parliamentary panel: average forest-clearance time for NHPC projects was about 106 months.
• NHPC proposed a 70–75% “qualified super-majority” of affected Gram Sabhas instead of unanimous consent for projects of national importance.

Significance
The issue highlights a tension between rapid infrastructure development and protection of community forest rights. Weakening consent requirements could accelerate projects but may undermine the participatory and rights-based framework of the FRA.