Lok Sabha Question No. 3946 (UNSTARRED), answered on 2017-03-27
Subject: Violation of Tribal Right in FDI
Ministry: TRIBAL AFFAIRS
Asked by: SISIR KUMAR ADHIKARI

## GOVERNMENT OF INDIA

## (MINISTRY OF TRIBAL AFFAIRS) LOK SABHA UNSTARRED QUESTION NO.3946

## TO BE ANSWERED ON 27.03.2017

## VIOLATION OF TRIBAL RIGHT IN FDI

## 3946.  SHRI SISIR KUMAR ADHIKARI:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) Whether many cases of investment on industries and the bilateral MoU agreements in the country,  between  the  Government  and  private  investors  are  against  the  United  Nations Declaration on the Rights of Indigenous People (UNDRIP) Act, 2007 and if so, the details thereof along with the number of such cases reported in the country, State/UT-wise;
- (b) If so, whether the Government did not have reports on the violation of the tribal protection before signing the MoU and if so, the details thereof; and
- (c) the compensation claims submitted along with the details of compensation received by the investors so far under Bilateral Investment Treaty (BIT) ?

## ANSWER

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

(a) to (c) : The downside of many development projects is the displacement of people, including the tribals because such projects mostly involve land acquisition.

In  so  far  as  land  related  issues  are  concerned,  the  Ministry  of  Rural  Development, Department  of  Land  Resources  (DoLR),  is  the  nodal  Ministry  at  the  Centre,  which  plays  a monitoring role in the field of rehabilitation and resettlement of displaced people.  Land and its management  fall  under  the  exclusive  legislative  and  administrative  jurisdiction  of  States  as provided under the Constitution of  India (Seventh Schedule  -  List  II  (State  List)  -  Entry  No. (18).  Therefore,  State-wise  details  are  not  maintained  centrally.      DoLR  is  responsible  for collecting  data  regarding  land  acquisition  and  displacement  covering  ST  families  also.Further, the  Ministry  of  Water  Resources,  River  Development  and  Ganga  Rejuvenation  is  the  nodal Ministry  for  implementing  irrigation  and  Water  Resources  Projects  in  the  country.    National Monitoring Committee Constituted under Sec.48 of 'Right to fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act,2013' has taken up the work of compilation of information regarding  and  acquisition  and  displacement.

Whereas Memoranda of Undertakings (MoUs) act as documents of intent and are entered upon before  embarking  upon  a  project,  they  are  subject  to  the  scrutiny  of  the  laws  of  land  before  actual implementation.    Hence,  their  actual  implementation  is  contingent  upon  the  requisite  mandatory clearances being obtained by the project proponent(s).

To ensure adequate compensation and timely and proper rehabilitation of such displaced tribal people  across  the  country,  the  Government  has  made  special  provisions  in  the  'Right  to  Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act 2013'.  As per the Act, as far as possible, no land is to be acquired in the scheduled area except as last resort.  In case acquisition or alienation of any land in the Scheduled Areas, the prior consent of Gram Sabha or the Panchayat or the  Autonomous District Councils, at  the appropriate level  in  the Scheduled  Area  in  the  Fifth  Schedule  to  the  Constitution,  as  the  case  may  be,  are  required  to  be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency.  The Act also lays down procedure and manner of rehabilitation and resettlement (R&R) wherein R&R is an integral part of the land acquisition plan itself. Chapters-V and VI of the said Act contains detailed provision for R&R awards and their implementation.  National Monitoring Committee also reviews and  monitors  the  implementation  of  R&R  schemes  and  looks  into  issue  related  to  displacement  of people and timely payment of compensation.

Furthermore,  Section  4(5)  of  the  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers (Recognition of Forest Rights) Act, 2006 provides that 'Save as otherwise provided, no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete.'

Provisions  also  exist  in  the  Panchayats  (Extension  to  the  Scheduled  Areas)  Act,  1996;  the Minerasls  (Auction)  Rules,  2015  and  Mineral  (Other  than  Atomic  and  Hydro  Carbon  Energy Minerals)  (OTAHCEM)  Concession  Rules,  2016  which  safeguard  the  interests  of  the  tribals  and persons who become displaced because of the taking up of mining operations.

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