Brahmapur: The call for immediate withdrawal of the ‘erroneous’ stand taken by India’s Ministry of Tribal Affairs (MoTA) has grown louder.
Lok Shakti Abhiyan national convener Prafulla Samantara and All India Kisan Mazdoor Sabha state secretary Balachandra Shadangi alleged at a press conference in Odisha’s Brahmapur that the Tribal Affairs ministry is using a false interpretation of the law to deprive the country’s Adivasi communities of their constitutional and statutory rights, particularly the rights of Gram Sabha, in the interest of corporate companies.
Appealing to all Opposition parties in the state to resist MoTA’s attempts to implement such anti-constitutional and anti-Adivasi positions, Samantara and Shadangi said a people’s movement will be organised to oppose such destructive policies.
Pointing out that a prominent leader from Odisha’s Adivasi community is now the President of India, and Union Minister of Tribal Affairs and the state’s Chief Minister also belong to the Adivasi community, the officials asked the people of Odisha how and why is there such an attack on the rights of Adivasi people of the state.
The MoTA informed the Union Ministry of Power on 31st August that the Forest Rights Act (FRA), 2006 contains no provision requiring consent of the Gram Sabha for projects involving the use or diversion of forest land for non-forest purposes, and that such matters fall outside the scope of the rights recognised under the Act.
It was pointed out that this opinion of MoTA is a serious misinterpretation of the law and indicates an attempt by the ministry to back off from its statutory responsibilities.
“This is particularly worrying because it contradicts all the earlier guidelines and clarifications issued by the ministry. It also appears to be the result of pressure from the Adani group, which has a major role in the country’s mining sector, as well as other mining companies,” the officials said.
It may be recalled that the Tribal Affairs ministry had stated in a letter sent to all state governments on 12th July, 2012 that under Section 4 of the Forest Rights Act, 2006, compliance with the law was necessary before diversion of forest land and before rehabilitation of communities dependent on forests.
In January 2018, MoTA opposed the proposal of the Ministry of Environment, Forest and Climate Change (MoEFCC) to reduce the requirement of FRA compliance at the first stage of the forest-diversion process.
In December 2018, MoEFCC stated before Parliament that recognition and settlement of rights under the Forest Rights Act, 2006 and the consent of the Gram Sabha are mandatory for proposals involving diversion of forest land. This position has also been reflected in the Forest (Conservation and Augmentation) Act, 2023.
Under Rule 11(7), compliance with the Forest Rights Act, 2006, and settlement of rights under the FRA are required before an order permitting diversion is issued.
Section 5 of the FRA gives the Gram Sabha the power to protect the rights and resources of recognised forest-dwelling tribal communities under Section 3 of the Act.
Now that these rights are under threat and facing pressure at the grassroots level, MoTA cannot distance itself from implementation of the Forest Rights Act, 2006 as it will not merely weaken the legal framework of FRA but also leave the very communities for whose protection the Act was enacted helpless.
Thousands of acres of forest land and hill areas could be transferred to companies without the consent of Gram Sabha, depriving Adivasi communities of an important right guaranteed under the historic FRA.
Row over MMDR amendment
Recently, there has been a row over amendment of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), with the BJD questioning its impact in Odisha.
“The BJP-led Central Government has, along with taking away the State’s taxation rights, sought to bring areas containing the State’s mineral resources under its control,” the activists said at the press conference. “At the same time, by permitting companies to export 100% of minerals intended for industrial use, the amendments could lead to large-scale mineral exploitation in our State in the coming days.”
They added that if the Gram Sabha is prevented from acting as an obstacle to such exploitation, and if it is claimed that the Gram Sabha has no rights regarding the diversion of land and forests, it will become easier to transfer the country’s natural resources to corporate companies.
THE DEMANDS
- Letter issued by the Union Ministry of Tribal Affairs expressing this erroneous position must be immediately withdrawn.
- The Ministry of Tribal Affairs must fulfil its constitutional and statutory responsibilities as the nodal Ministry for proper implementation of the Forest Rights Act.
- Before any diversion of forest land takes place, all categories of forest rights under the Forest Rights Act must be recognised and settled.
- Without any exception, and only after providing complete prior information, the free and informed consent of the Gram Sabha must be made mandatory for every such proposal.