Prakash Yedhula
(Lawyer)
31 May 2008
To prove that a person is “forest dwelling” and therefore eligible for forest rights, their claim must prove
the following:
They “primarily reside in forests”
[section 2(c) / 2(o)]
What does this mean?
The easiest way to prove this requirement is if one has a jhopdi / other residence on one's plot inside the
forest land (or one resides in a forest village). In other cases, it should be remembered that “reside” also
means to occupy a place, where the occupation not only includes residence but also other forms of
occupation for livelihood such as land for cultivation, grazing, collection of MFP etc. Moreover, in the
Rajya Sabha, the Minister for Tribal Affairs gave an assurance that people who live outside forests will be
able to claim rights inside them.
They are “dependent on forest land or forests for bona fide livelihood needs”
[section 2(c) / 2(o)]
What does this mean?
The second requirement is that the person should be “dependent” on forest land for their “bona fide”
livelihood needs. Bona fide livelihood needs would mean not mainly for commercial profit or for making
money, but for survival. The Rules say that livelihood needs include sale of the crops cultivated on the
land, sale of minor forest produce collected in the forest and income from water bodies and grazing.
If the claimant is an ST, they should be “in the area where they are scheduled”
[sections 2(c) and 4(1)]
What does this mean?
The list of Scheduled Tribes includes the area in which each community was living at the time when they
were scheduled. This area is sometimes an entire State and sometimes part of a State. For instance, the
Bhils are scheduled in parts of Madhya Pradesh, Maharashtra, Andhra Pradesh, Gujarat, Karnataka,
Rajasthan and Tripura. In those parts of these States where they are scheduled, a Bhil can claim rights.
Outside these States or outside the parts of these States where they are scheduled, Bhils cannot claim
rights under this Act as STs, but can do so as ‘other traditional forest dwellers’.
If the claimant is not an ST in the area where they are scheduled, they must have “resided in” forest land or
forests for 75 years, whereupon they will be considered “other traditional forest dwellers”
Non-ST's are also eligible, as long as they satisfy this requirement.
[section 2(o)]
What does this mean?
The section states that the person must have resided in forests or forest land for three generations before
2005, where “generation” is defined as twenty five years. This means a total period of seventy five years
– i.e., since 1930. There is no requirement in the law that the person must have resided on the same piece
of forest land since 1930, only that they must have resided in forest land from that time. Similarly, a
person can still claim eligibility if their community resided in the forest from 1930.
Since any claim for a right has to be accompanied by two types of evidence , such evidence should include proof of three generations of residence.
If the claimant is an ST, they need to attach an ST certificate to claim rights as an ST
[section 2(c) and Form in Rules]
What does this mean?
In order to claim rights as a forest dwelling Scheduled Tribe, the claimant needs to attach their ST
certificate.
How to make a claim to land:
The main points to be proven regarding a claim to land are 1) that the claimant is in direct possession of the land (not through someone else) and that the claimant is cultivating / using the land themselves; and
2) that the land has been under occupation preceding December 13, 2005. Here are some ways that these
can be done:
a. Statements by elders of the village, reduced to writing and signed by them, preferably in the form of an
affidavit.
b. Photographs and a map of the land being claimed, showing physical structures like bunds, burial
stones, wells, check dams, etc.
c. Any previous documents referring to the land or to structures on it, like pattas, leases, grants, house tax
receipts etc., or published documents like Gazetteers.
The Forest Rights Committee is then supposed to visit the site to physically verify that the person is in occupation of the land
