Tribal & Forest Rights Hub | PESA Act & FRA Laws
Protecting the heritage of Bharat. Understand the PESA Act 1996, Forest Rights Act 2006, and Scheduled Area protections.
Know your legal rights under the Constitution of India. This dynamic directory contains verified guidelines, resources, templates, and expert law compliance tools.
Tribal Rights
The PESA Act Power
Law/Section: Panchayats (Extension to Scheduled Areas) Act, 1996
Ensuring that tribal communities have the first right over their own land.
Fact: PESA is considered the 'Constitution within the Constitution' for tribal areas.
- Gram Sabha Supreme: In Scheduled Areas, the Village Council must be consulted before land is taken for any project.
- Resource Control: Gram Sabhas have the power to manage minor forest produce, water bodies, and minerals.
- Liquor Control: The community has the right to decide on the sale and consumption of liquor in their area.
Tribal Rights
Forest Rights Act (FRA)
Law/Section: The Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006
Correcting historical injustices against forest-dwelling communities.
Tip: If you have lived in the forest for 3 generations (75 years), you can claim land rights even if you are not from a Scheduled Tribe.
- Individual Titles: Right to hold and live in forest land occupied before 13th Dec 2005 (up to 4 hectares).
- Community Rights: Right of the whole village to use grazing grounds, water bodies, and forest paths.
- Protection from Eviction: No one can be evicted from forest land until the process of verifying their claim is complete.
Tribal Rights
Schedule V & VI Protection
Law/Section: Article 244 of the Constitution
Special administrative zones for tribal safety.
- Schedule V: Applies to most of Bharat; gives the Governor special powers to protect tribal land from being sold to non-tribals.
- Schedule VI: Applies to parts of the North-East; allows for 'Autonomous District Councils' with their own law-making powers.
- No Land Transfer: In many states, tribal land CANNOT be legally sold to a non-tribal person.
Tribal Rights
Cultural Preservation
Law/Section: Article 29 of the Constitution
Every community has the right to protect its unique soul.
- Right to Language: Protection of distinct tribal languages, scripts, and oral traditions.
- Customary Laws: Recognition of traditional tribal methods of settling disputes and social customs.
- Educational Choice: Right to establish and manage educational institutions to preserve tribal culture.
Tribal Stats
Land Limit
Maximum forest land a family can claim under FRA.
Tribal Stats
Time Frame
Residency required for non-tribals to claim forest rights.