Prior to the enactment of the 2006 Forest Rights Act (FRA), India’s forest legislation empowered the government to notify areas as reserved either for the protection of wildlife or for corporate use. In this process forest dwellers were rendered as encroachers in the forests they occupy and their use of the forests as illegal. These legislations afforded the forest guards the power to harass, bribe and assault forest dwellers. However, the FRA offers a stepping-stone towards the empowerment of forest peoples.
The FRA applies to those who primarily reside in the forest and depend upon it for their survival; these being scheduled tribes and traditional forest dwellers. Traditional forest dwellers are those who have either resided in or used the forest for 75 years or more.