Why in News?
The Centre is reviewing a Supreme Court order highlighting conflict between FRA and FCA after PVTG villagers faced hurdles building PM-AWAS houses on forest land, raising concerns for PM-JANMAN and DAJGUA programme implementation.
Description:
| Feature | Forest Rights Act (FRA), 2006 | Forest Conservation Act (FCA), 1980 / 2023 Amendment |
| Purpose | Recognises and secures rights of forest-dwelling STs and OTFDs. | Restricts diversion of forest land for non-forest purposes. |
| Focus Area | Social justice, livelihood, land and forest rights. | Environmental protection, forest conservation. |
| Key Beneficiaries | STs and Other Traditional Forest Dwellers. | Forests, biodiversity, ecological stability. |
| Rights Granted | Individual rights (land), Community Rights (MFP, grazing), Community Forest Resource (CFR) rights. | No rights granted; regulates use of forest land. |
| Land Ownership | Up to 4 hectares to eligible families for cultivation. | No ownership given; only regulates diversion/usage. |
| Authority for Claims | Gram Sabha is the authority to verify and approve rights. | Central Government approves forest land diversion. |
| Protection from Eviction | Eviction prohibited until FRA rights are fully recognised and settled. | Evictions may occur for forest conservation or illegal encroachment. |
| Activities Allowed | Non-forest livelihood activities; community-led forest management. | Limited activities allowed; many require Central approval. |
| 2023 Amendment (FCA) | FRA rights remain unchanged; conflict arises regarding pucca houses on forest land. | Defines forest land more narrowly; exempts some projects near borders, security and public utility. |
| Conflict Between FRA & FCA | FRA allows housing and community facilities on forest land. | FCA restricts “non-forest activities”; SC says pucca houses not explicitly covered under exemptions. |
| Recent SC Intervention (2023–2025) | FRA rights must be respected; no eviction without due process. | SC says FCA restrictions still apply; pucca houses on forest land need reconciliation. |
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