Lok Sabha Question No. 5868 (UNSTARRED), answered on 2017-04-10
Subject: Impact of Displacement on Tribal’s Life
Ministry: TRIBAL AFFAIRS
Asked by: M. B. RAJESH, P. KARUNAKARAN

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 5868

TO BE ANSWERED ON 10.04.2017

## IMPACT OF DISPLACEMENT ON TRIBAL's LIFE

## 5868.   SHRI  M.B. RAJESH :

## SHRI P. KARUNAKARAN:

Will the Minister of TRIBAL AFFAIRS be pleased to state:-

- (a)   whether displacement of tribals from their native places has a negative effect on their culture, rituals and societal behaviour patterns;
- (b)   if so, the details thereof along with the reaction of the Government thereto;
- (c)   whether the rehabilitation packages have not proved to be successful in this regard; and
- (d)   if so, the details thereof and the steps taken/being taken by the Government in this regard?

## ANSWER

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

- (a) and (b) :  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)]. 'Ácquisition and requisitioning of property' in in the Concurrent List (Entry No.42 of List III).

Land acquisition is undertaken by the Central and State Governments under various Central and State Acts, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013).

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.    However, information on State/UT-wise rehabilitation and  resettlement is not maintained centrally in DoLR.

(c) and (d) :-  Special provisions for Scheduled Castes and Scheduled Tribes have been laid down in  Sections  41  and  42  of    the  RFCTLARR    Act,  2013  which  inter  alia  stipulate  that  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.   Section 41(7) of the said Act very clearly stipulates that the affected families of the Scheduled Tribes shall be resettled preferably in the same Scheduled Area in a compact block so that they can retain their ethnic, linguistic and cultural identity.

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