Lok Sabha Question No. 2005 (UNSTARRED), answered on 2023-03-13
Subject: Rights of Scheduled Tribes
Ministry: TRIBAL AFFAIRS
Asked by: Achyutananda Samanta

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 2005

TO BE ANSWERED ON- 13/03/2023

## RIGHTS OF SCHEDULED TRIBES

## 2005. SHRI ACHYUTANANDA SAMANTA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether the Government is planning to take steps to ensure rights of Scheduled Tribes and forest dwellers under the Act of 2006, that are being impacted by businesses and development industries;
- (b) whether any social impact assessment will be taken up before approval of projects for these industries; and
- (c) whether the Government is planning to create village level councils under local Government institutions for jurisdiction on such cases to provide remedy to the victims?

## ANSWER

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

- (a) to (c): To address the issue of displacement of tribals, 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 in Section 4(i), 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. The states which have formulated specific PESA rules as a means of effective local level governance are in a better position to safeguard rights of tribals.
- 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. Constitution provides protection to Acts and Regulations specified in the Ninth Schedule.
2.        Land  and  its  management  falls  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)]. Whenever land is acquired for any Infrastructure project, it is the responsibility of the state  to  ensure  compliance  of  The  RFCTLARR  Act,  2013.    The RFCTLARR requires
- (i).   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 for industrialisation, development of essential infrastructural facilities and urbanisation with the least disturbance to the owners of the land and other affected families and
- (ii).  provide just and fair compensation to the affected families whose land has been acquired or proposed to be acquired or are affected by such acquisition and make adequate provisions for such affected persons for their rehabilitation and resettlement and
- (iii).    for  ensuring  that  the  cumulative  outcome  of  compulsory  acquisition  should  be  that affected  persons  become  partners  in  development  leading  to  an  improvement  in  their  post acquisition social and economic status and for matters connected therewith or incidental thereto.
3.  The  RFCTLARR  Act  also  lays  down  procedure  and  manner  of  social  impact  assessment, rehabilitation  and  resettlement.  The  First  Schedule  of  the  RFCTLARR  Act  provides  for compensation for land owners. As per Section 3(r)(ii) of the RFCTLARR, 2013, 'land owner' includes any person who is granted forest rights under FRA, 2006 (2 of 2007) or under any other law for the time being in force. 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. RFCTLARR Act, 2013, provides safeguards to the right holders under FRA against displacement under Sections 41 and 42.

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