The panel chief, in his detailed communication, has also asked the government to “reinstate, strengthen and strictly monitor” the implementation of Rules 2017 to grant the FRA rights to STs and other traditional forest dwellers (OTFDs) on forest land proposed for diversion.
In a letter to environment minister
Bhupender Yadav, NCST chairman Harsh Chouhan
has stated, “The current rules have done away with the requirement of seeking consent altogether and have left the process of recognition of rights to be carried out after stage 1 clearance or even stage 2 clearance.”
A major controversy also erupted in the wake of notification of Rules 2022, with allegations that they compromised the dwellers’ rights given under flagship FRA. Then leader of opposition in Rajya
Sabha Mallikarjun Kharge had immediately written a complaint to the NCST. As reported by TOI on August 8 this year, the tribal panel set up a working group to holistically look into the issue, while prima facie agreeing with the allegations.
In his missive to Yadav, the NCST head has rejected the defence of ministries of forest and of tribal affairs that the said rules did not violate the FRA as “these are parallel statutory processes”. Relying on credible studies to paint a grim picture of forest land diversion, Chouhan argued, “This is the reason why implementation of the FRA and processes under Forest Conservation Act cannot be seen as separate parallel processes. Instead, both laws need to be implemented in conjunction with each other.”
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