Forest (Conservation) Rules consistent with Forest Rights Act: Bhupender Yadav
Yadav’s clarification came after Congress leader Jairam Ramesh accused the Centre of disempowering tribals living in forest areas in the name of ease of doing business for a chosen few
Forest (Conservation) Rules, 2022, do not dilute or infringe upon provisions of the Forest Rights Act (FRA), 2006, Union environment minister Bhupender Yadav has clarified. In a note posted on social media, Yadav on Sunday said the rules notified on June 28 are consistent with FRA and emphasise compliance with its provisions.
HT first reported the rules were notified for the constitution of a five-member project screening committee in each state and Union Territory (UT) for an initial review proposal involving the diversion of forest land. The committees will meet at least twice monthly and advise the governments on projects in a time-bound manner.
The notification shifted the onus of ensuring rights of forest dwellers to state governments. Compliance with FRA was earlier mandatory before the Centre granted stage II forest clearance to any project. This has also changed and drew flak from activists.
Yadav’s clarification came after Congress leader Jairam Ramesh cited the rules and accused the Centre of disempowering tribals living in forest areas in the name of ease of doing business for a chosen few. “…once forest clearance is granted everything else becomes a mere formality and almost inevitably no claims will be recognised and settled.”
HT on July 2 reported that the rules allow project developers to purchase land, have plantations from private individuals and present them as compensatory afforestation against diversion for non-forest activities.
Yadav maintained the Centre’s approval is merely a prior go-ahead and it does not directly lead to non-forestry use of forest land. “It is actually the State Government diversion order issued subsequently which authorises [the] use of forest land for intended purposes and hand over the land to the user agency.”
Yadav said the process envisaged in FRA and new rules framed thereunder are more likely to be parallel with other statutory processes. “...it is not de-linked from the compliance of FRA, 2006 and does not inhibit the commencement of processes envisaged in other statutory laws...”
He said provisions envisaged in other statutory laws can be undertaken simultaneously by the respective nodal implementing agencies. “The State Government or Union Territory may ensure compliance of Forest Rights Act, 2006 at the initial or at any stage...the provisions of FC Rules, 2022 do not bar the authorities to do so but in any case, it should be before handing over forest land to the user agency.”
He cited provisions under Section 11 of FRA and said the Union tribal affairs ministry or any officer or authority authorised by the Centre shall be the nodal agency for the implementation. “...Section 4(5) of the Forest Right Act, 2006 is very specific and provides that no member of a forest-dwelling Scheduled Tribe or other traditional forest dwellers shall be evicted or removed from the forest land under his occupation till the recognition and verification procedure is complete.”
He added that the responsibility to ensure recognition and settlement of rights of Scheduled Tribes and Other forest dwellers before their eviction vest with states, UTs and the tribal affairs ministry.
In a tweet, Union tribal affairs minister Arjun Munda said the states have been tasked with granting compensation and the ministry regularly reviews the implementation of FRA. He called allegations that the government is trying to snatch the rights of the tribals baseless and added they were being made as part of a futile attempt to divert the attention from the fact that the ruling National Democratic Alliance’s presidential candidate, Draupadi Murmu, is a tribal.
