The State of the Forest Rights Act: Undoing of historical injustice withered Asian Indigenous and Tribal Peoples Network The State of the Forest Rights Act: Undoing of historical injustice withered © Asian Indigenous & Tribal Peoples Network, April 2012 ISBN : 978-81-907996-3-8 Contributory Price : Rs. 395/- Photo: Forest dwellers in Uttar Pradesh demanding control of their land instead of the Forest Department, courtesy http://teakdoor.com/world-news/86577-world-news- in-pictures-492.html Published by: Asian Indigenous & Tribal Peoples Network C3/441, Top Floor, Janakpuri, New Delhi-110058, India Tel/Fax: +91 11 25503624 Email:
[email protected] Website: www.aitpn.org Acknowledgement: This report is being published with the financial assistance from the European Commission under the project, EIDHR/2010/232154 Implementation of rights of indigenous peoples in India with special focus on armed conflict situations” granted to Asian Indigenous and Tribal Peoples Network. The views are of the AITPN and not the European Commission. CONTENTS 1. EXECUTIVE SUMMARY 1 2. HIGH RATE OF REJECTION OF CLAIMS UNDER THE FRA 4 I. Scale of rejection of claims 4 II. Frivolous grounds for rejection of the claims 7 A. Violations of procedures: FRCs not formed at village/habitat level 7 B. Forest officials prevailing over the others 8 C. No proper hearing 9 D. Denial of reasonable opportunity to appeal 10 E. Other cases of rejections 11 III. Non implementation of the FRA by certain States 12 3. THE ACTUAL IMPLEMENTATION: UNDOING OF HISTORICAL INJUSTICE WITHERED 13 I. Land titles issued without proper demarcation of boundary 13 II.