Lok Sabha Question No. 2818 (UNSTARRED), answered on 2022-03-21
Subject: Displacement of Tribal Population
Ministry: TRIBAL AFFAIRS
Asked by: Abdul Khaleque

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 2818

TO BE ANSWERED ON- 21/03/2022

## DISPLACEMENT OF TRIBAL POPULATION

## 2818. SHRI ABDUL KHALEQUE:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether the Government has any data of displaced tribal population over the last three years;
- (b) if so, the reasons for displacement and number of displaced person, State-wise; and
- (c) the details of assistance provided to such persons by the Government?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFIARS (SHRI BISHWESWAR TUDU)

(a)  to  (c): Insofar  as  safeguarding  the  rights  of  persons  who  get  displaced  because  of  land  acquisition, Government  of  India  has  enacted  the  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013). The purpose of the said Act is to ensure, in consultation with institutions of local self-government and Gram Sabhas established under the Constitution; a humane, participative, informed and transparent process for land acquisition with the least disturbance to the owners of the land and the other affected families and provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired.

Ministry of Rural Development, Department of Land Resources (DoLR) is the nodal Ministry at the Centre who plays a monitoring role in the field of land reforms. The 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)]. Land acquisition, rehabilitation and resettlement are done by the State Governments.  The relevant provisions of the Act are discussed below:

(i). Under Section 48 of the RFCTLARR Act, 2013, a National Level Monitoring Committee for Rehabilitation and  Resettlement  has  been  constituted  in  the  DoLR  vide  DoLR's  Order  No.  26011/04/2007-LRD  dated 2 nd March,  2015  for  the  purpose  of  reviewing  and  monitoring  the  implementation  of  rehabilitation  and resettlement  schemes  and  plans  related  to  land  acquisition  under  the  RFCTLARR,  2013  and  National Rehabilitation and Resettlement Policy, 2007.

(ii).  By way of safeguards against displacement special provisions have been made for Scheduled Castes and Scheduled Tribes under Sections 41 and 42 of the RFCTLARR Act, 2013 which protect their interests. The RFCTLARR Act, 2013 also lays down procedure and manner of rehabilitation and resettlement.

(iii).   The  First  Schedule  of  the  RFCTLARR  Act  provide  for  compensation  for  land  owners.  The  Second Schedule provide for element of rehabilitation and resettlement for all the affected families (both land owners and the families whose livelihood is primarily dependent on land acquired) in addition to those provided in the first Schedule. Similarly, the Third Schedule provide for infrastructural amenities for a reasonably habitable and planned settlement in the resettlement area.

(iv)  Further  to  address  the  issue  of  displacement  of  tribals,  other  Constitutional  and  legal  provisions  for safeguarding the rights of tribals to land, which are already in place, are as under:

- i. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in section 4 (5) states that save as otherwise provided, no member of a forest dwelling Scheduled Tribes or  Other  Traditional  Forest  Dweller  shall  be  evicted  or  removed  from  the  Forest  Land  under  his occupation till the recognition and verification procedure is complete.
- ii. The Panchayats (Extension to Scheduled Areas) Act, 1996, also provides that the Gram Sabha or the Panchayats  at  the  appropriate  level  shall  be  consulted  before  making  the  acquisition  of  land  in  the Scheduled Areas or development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas; the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State Level.
- iii. Constitutional provisions under Schedule - V also provide for safeguards against displacement of tribal population because of land acquisitions etc. The Governor of the State which has scheduled Areas is empowered to prohibit or restrict transfer of land from tribals and regulate the allotment of land to members of the Scheduled Tribes in such cases.
- iv. '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  members  of  Scheduled  Castes  or  Scheduled  Tribes  from  their  land  or  premises  or interfering with the enjoyment of their 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 offence of atrocities and are subject to punishment under the said Act.

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