The core legal framework addressing Tribal Rights & Displacement in India is the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), which is a central Act. The FRA was enacted in December 2006 and came into force on January 1, 2008, with the objective of correcting the "historical injustice" faced by forest-dwelling communities whose rights to land and resources were denied under colonial and post-colonial forest laws.
The Act works by recognizing and vesting four main categories of rights in forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers (OTFDs). Key provisions include Title Rights, which grant legal ownership of cultivated land up to 4 hectares to those who were cultivating it before December 13, 2005. It also grants Use Rights for collecting minor forest produce and Relief and Development Rights, which include rehabilitation from illegal eviction. Crucially, the Gram Sabha (village assembly) is empowered to initiate the claims process, and its prior informed consent is mandatory before diverting any forest land for non-forest use.
The FRA connects directly to the constitutional safeguards for tribal communities, primarily the Fifth and Sixth Schedules, which are covered under Article 244. The Fifth Schedule applies to tribal areas in 10 states and grants the Governor special powers to protect tribal land, while the Sixth Schedule provides greater autonomy through Autonomous District Councils in Assam, Meghalaya, Tripura, and Mizoram. Furthermore, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) contains special provisions to safeguard Scheduled Tribes against displacement.
Recently, the framework has seen significant change with the passage of the Forest (Conservation) Amendment Act, 2023, which amends the Forest (Conservation) Act, 1980. Critics argue this amendment weakens the FRA by narrowing the definition of "forest" and creating exemptions for development projects, which could potentially bypass the mandatory Gram Sabha consent for non-forest use. This change centralizes control over forest land, contrasting with the FRA's commitment to decentralized governance.