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Dalit Bahujan Adivasi Farm and Forest

Put anti tribal forest rules on hold, NSCST panel tells MoEF

In a comprehensive rejection of attempts to disrobe Adivasis of their land and livelihood rights, the panel’s communication has been reported by Times of India 

Adivasis
 
Upholding serious concerns and allegations that the newly circulated, Forest Conservation Rules 2022 violate the basic rights of forest dwellers enshrined in the Forest Rights Act, 2006, by giving primacy to “project clearance”, the National Commission for Scheduled Tribes (NCST) has asked the environment and forest ministry to put in abeyance the rules notified in June. The communication has been sent by NCST Chairperson Harsh Chouhan to the union environment minister, Bhupendra Yadav.

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. 

This amounts to a serious intervention on the ongoing controversy. TheNCST has concluded that FC Rules 2022 have done away with the “consent clause” provided in the FC Rules 2014/2017. The said clause operationalises the requirement under the FRA that authorities should recognise the forest rights of forest dwellers, and also obtain the approval of gram sabhas, before sending the proposal for diversion of forest land for “stage 1 clearance”.

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.”

He also wrote that Rules 2022 also violate the FRA in “the processes of setting up land banks and accredited compensatory afforestation”. 

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.” 

Chouhan has also argued that the forest ministry’s circular of August 3, 2009, the Supreme Court’s Niyamgiri judgment of 2013, and the 2014 and 2017 FC Amendment Rules uphold the principle that diversion of forests under FCA stand amended in the light of FRA to recognize the forest rights of STs and OTFDs. 
 
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