Lok Sabha Question No. 5775 (UNSTARRED), answered on 2017-04-10
Subject: Measures for Protection of Tribals
Ministry: TRIBAL AFFAIRS
Asked by: SHIVKUMAR CHANABASAPPA UDASI

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 5775

TO BE ANSWERED ON 10.04.2017

## MEASURES FOR PROTECTION OF TRIBALS

## 5775. SHRI SHIVKUMAR UDASI:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a)  whether  the  Government has reckoned the  uncertainties prevailing in the 'land rights'  and 'use rights' though ensured under the Scheduled Tribes and assorted Traditional Forest Dwellers Act of 2006 and if so, the details thereof;
- (b) the concentrated and special focus being paid by the Government on tribes and other forest dwellers in Central Indian States;
- (c) whether effective legal aid has been provided to the affected families and if so, the details thereof; and
- (d) whether corrective measures have been taken in cases of discrimination in implementation of reform measures mooted for the protection of tribals and if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI JASWANTSINH BHABHOR)

- (a)  With a view to ensuring that the Scheduled Tribes and the Other Traditional Forest Dwellers are ensured of their rights, several provisions have been made in 'The Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) (Recognition of Forest Rights) Act, 2006 (FRA in  short).  The  specific  provisions  of  FRA  which  ensure  the  rights  and  livelihood  of  forest dwelling STs and OTFDs on all forest land are at Annex .
- (b) The FRA extends to the whole of India except the State of Jammu and Kashmir and is administered by the Ministry of Tribal Affairs. Implementation of the Act is the responsibility of the State Governments and UT administrations.
- (c) 'The Legal Services Authorities Act, 1987' provides free legal aid to  members of Scheduled Tribe.
- (d) 'The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989' has been  introduced  to  prevent  the  commission  of  offences  of  atrocities  against  members  of  the Scheduled Castes and the Scheduled Tribes, to provide for the trial of such offences and for the relief  of  rehabilitation  of  the  victims  of  such  offences  and  for  matters  connected  therewith  or incidental thereto.

Wrongfully dispossessing member of Scheduled Castes or a Scheduled  Tribe from his land or premises or interfering with the enjoyment of his rights, including forest rights, over any land  or  premises  or  water    or  irrigation  facilities  or  destroying  the  crops  or  taking  away  the produce therefrom amount to atrocities and are subject to punishment under the said Act.

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## Statement in reply to part (a) of L.S.U.Q.No. 5775 for 10.04.2017 asked by Sh. Shivkumar Udasi, M.P. on 'Measures for protection of Tribals'.

Section  3  (1)  For  the  purposes  of  this  Act,  the  following  rights,  which  secure  individual  or community  tenure  or  both,  shall  be  the  forest  rights  of  forest  dwelling  Scheduled  Tribes  and other traditional forest dwellers on all forest lands, namely:-

(a) right to hold and live in the forest land under the individual or common occupation for habitation or for, self-cultivation for livelihood by  a member or members of a forest dwelling Scheduled-Tribe or other traditional forest-dwellers;

(b) community rights such as nistar'', by whatever name called, including those used in erstwhile Princely States, Zamindari or such intermediary. regimes;

(c) right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries;

(d)  other  community  rights  of  uses  or  entitlement  such  as'  fish  and  other  products  of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities;

(e)  rights  including  community  tenures  of  habitat  and  habitation  for  primitive  tribal groups and pre-agricultural communities;

(f) rights in or over disputed lands under any nomenclature in any State where claims are disputed;

(g) rights for conversion of Pattas or leases or grants issued by any local authority or any State Government on forest lands to titles;

(h) rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages;

(i)  right  to  protect,  regenerate  or  conserve  or  manage  any  community  forest  resource which they have been traditionally protecting and conserving for sustainable use;

(j) rights which are recognised under any State law or laws of any Autonomous District Council or Autonomous Regional Council or which are accepted as rights of tribals under any traditional or customary law of the concerned tribes of any State;

(k)  right  of  access  to  biodiversity  and  community  right  to  intellectual  property  and traditional knowledge related to biodiversity and cultural diversity;

(l)  any  other  traditional  right  customarily  enjoyed  by  the  forest  dwelling  Scheduled Tribes or other traditional forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal;

(m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.

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