Context:

In order to bring major relief to forest-dwelling families, Maharashtra Government has modified the Forest Rights Act, 2006 that will enable forest-dwelling Scheduled Tribes and other traditional forest-dwelling families to build houses in the neighborhood forest areas.

Scheduled Areas in India

• As per the Constitutional provision under Article 244 (1) of the Constitution of India, the ‘Scheduled Areas’ are defined as ‘such areas as the President may by order declare to be Scheduled Areas’ – as per paragraph 6(1) of the Fifth Schedule of the Constitution of India.
• At present, Scheduled Areas have been declared in the States of Andhra Pradesh (including Telangana), Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan.
• Criteria for declaring Scheduled Area under Schedule
  • The preponderance of tribal population,
  • Compactness and reasonable size of the area,
• A viable administrative entity such as a district, block or taluk, and
• Economic backwardness of the area as compared to the neighboring areas.

Schedule 5th of the Constitution

• The Fifth Schedule of the Constitution deals with the administration and control of Scheduled Areas as well as of Scheduled Tribes residing in any State other than the States of Assam, Meghalaya, Tripura, and Mizoram.
• The Governor of each State having Scheduled Areas (SA) shall annually, or whenever so required by the President, make a report to the President regarding the administration of Scheduled Areas in that State.

Significance of the step

• The notification was issued by the Governor using his powers under the Schedule V of the Constitution
  • Governor may direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or apply with some modifications.
• The amendment will importantly prevent the migration of forest-dwelling families outside the native villages and provide them with housing areas by extending the village site into forest land in their neighborhood.