SUCCESSFUL FACILITATION OF INDIVDUAL LAND RIGHT UNDER FOREST RIGHTS ACT

United Nilgiris Conservation Society (UNCS) aims to promote and support collective
measures to conserve and sustainably manage natural resources for the future well-being of
mankind and development of 1000 eco-villages which are economically developed and
ecologically conserved by 2020. UNCS also specifically aims to bring about a transformation
in the most vulnerable tribals life and ensure sustainable livelihoods without sacrificing their
cultural identity.

Land is the most valuable, imperishable possession from which people derive their
economic independence, social status and a modest and permanent means of livelihood. But
in addition to that, land also assures them of identity and dignity and creates condition and
opportunities for realizing social equality. Assured possession and equitable distribution of
land is a lasting source for peace and prosperity and will pave way for economic and social
justice. Distribution of land titles for lands occupied by tribals as on 13 th December 2005
was mandated by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006, popularly known as the Forests Rights Act (FRA), promulgated
in the year 2006. The act sought to correct the historical injustice done to forest dwelling
communities in depriving them with their right to land and forest produce.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, (FRA 2006) was published in the Gazette of India on 2nd Jan 2007, after
the approval of the Parliament and assent of the President of India. It conferred three
rights on tribals namely, (i) Right to hold and live in the forestland under the individual or
common occupation for habitation or for self-cultivation; (ii) Right of ownership, access to
collect, use, and dispose of minor forest produce and (iii) Diversion and allotment of one
hectare or less of forest land for common developmental purpose like schools, hospitals,
roads, etc. under certain conditions

A restrictive order was issued by the Hon. Madras high court in April, 2008,
restricting the distribution of title deeds to these forest-dwelling communities in the state.
We worked tirelessly for six years along with others in lifting the restrictions and succeeded
in the same. Hon. Supreme Court in its ruling on February 1 2016 vacated the above order
by the Hon. Madras high court in April, 2008.

The chairman and FD met the District Collector, Nilgiris and handed over the verdict
of the apex court and requested for speedy implementation of FRA in Nilgiris district. The
District Collector Nilgiri responded immediately and instructed all concerned to implement

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the The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 on a war footing. UNCS played a very constructive role in creation of
awareness about The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 among the tribals, convening the gram sabha, formation of
Forest rights committee, support in filling up of Form A (individual rights) Form B
(community rights) and Form C (Right to Community Forest Resources) by genuine and
rightful claimants and passing of resolutions approving the rights,. Mean while as a result of
the order issued by the district collector, survey of the lands occupied by the tribals,
constitution of the committees at sub-divisionsl level and district level, were also completed.
The Field Director UNCS played a very constructive and pro active role in the active and
effective functioning of the committees, inter-sectoral co-ordination between tribal Welfare,
forest, revenue and survey and settlement department. The facilitation role played by UNCS
along with like minded NGOs like NAWA and Keysone has produced considerable impact in
implementation of FRA in Kothagiri region Of Nilgiri district.

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FRA AWARENESS MEETING AT BANGALABADAUKAI

RDO ADDRESSING TRIBALS ON FRA

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 INTERACTIONS WITH PERSONNEL OF KEY STONE and NAWA ON FRA IMPLEMENTATION.

More than 185 individual land rights were cleared by the Sub divisional level committee. All
the 185 individual land rights were also cleared by District committee, out of which 139
individual rights belonged to Kotagiri taluk.In Kotagiri taluk more than 200 individual rights
is under process from kilcoupe, melcoupe, puthur, selarai, pambarai, sedikal and
semmanarai etc., The verification works is also under progress.

The District Committee cleared 502 individual rights, and 4 community rights, altogether
and they are likely to get the title deeds in the near future.

UNCS also proposes to consolidate the gains of FRA by the following means in the coming
days.

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(i) Develop the lands of the right holders under FRA so that such lands are utilised to
the optimum level of production,

(ii) Provide the habitations of the right holders with such infrastructure which is
necessary for decent way of life,

(iii) To create opportunities for employment preferably in-situ in sectors other than land
based agriculture,

(iv) To facilitate hassle-free convergence of governmental schemes operating in areas of

education, training, health, employment etc., to achieve sustainability among the right
holders and,