Lok Sabha Question No. 3320 (UNSTARRED), answered on 2021-08-09
Subject: Joint Initiatives for Tribal Communities
Ministry: TRIBAL AFFAIRS
Asked by: Abhishek Banerjee

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 3320

TO BE ANSWERED ON 09.08.2021

## JOINT INITIATIVES FOR TRIBAL COMMUNITIES

3320. SHRI ABHISHEK BANERJEE:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) the steps that are being taken under the joint initiatives with other Ministries to empower tribal communities and ensure proper implementation of their rights;
- (b) whether  the  Government  plans  to  ensure  these  communities  would  not  be exploited by any private player for their own benefits, if so, the details thereof;
- (c) whether the tribal communities are connected to their natural habitats and if so, the details thereof and the steps are being taken to reduce the increasing deforestation to protect them?

## ANSWER

MINISTER OF STATE FOR TRIBAL AFFAIRS (SMT. RENUKA SINGH SARUTA)

- (a) & (b):         Tribes constitute a distinct social category. Safeguards in place for tribal population, as per the constitutional and legal framework,   in the country, interalia, are as under:

## (i)         Constitutional Safeguards

-  Recognizing the special needs of various weaker sections including STs , the Constitution of India not only guarantees equality before the Law for all (Article 14) , but also enjoins upon the State to make special provisions of affirmative discrimination for the advancement of any socially and educationally backward classes, (Article 15(4)) .
-  It also empowers the State to make provisions for reservation in appointments or posts in favour of any backward class citizens which in the opinion of the State is not adequately represented in the services under the State (Article 16(4)) .
-  It  confers  rights  towards  protection  of  Interests  of  Minorities (which  also includes STs ) (Article 29) and right to conserve distinct Language, Script or Culture has been guaranteed through Art. 350.
-  Further, it enjoins upon the State to promote with special care the educational and economic interests of the weaker sections of the people and, in particular, the  STs and  promises  to  protect  from  social  injustice  and  all  forms  of exploitation (Article 46) .
-  For promoting the welfare of STs and for raising the level of administration of the Scheduled Areas to that of the rest of the State ( Article 244 ), and special financial assistance is ensured under the Constitution ( Article 275 (1) .
-  Reservation of seats for the STs in the House of the people and in the State Legislative  Assemblies;  educational  institutions;  and  in  services  is  another measure of positive discrimination in favour of these Groups ( Articles 330, 332, 335 ).
-  Reservation  of  seats  in  Panchayats  ( Art.  243) and  Special  provisions  in respect of NE States and Sikkim (Art. 371).
-  It  also  empowers  the  State  to  appoint  a  Commission  to  investigate  the conditions of the socially and educationally backward classes ( Article 340 ) and to specify those Tribes or Tribal Communities be deemed to be as STs ( Article 342 ).
-  Further, the Fifth Schedule to the Constitution refers to the administration and control of the Scheduled Areas and the Scheduled Tribes in any State, other than  the  States  of  Assam,  Meghalaya,  Tripura  and  Mizoram  by  ensuring submission  of  Annual  Reports  by  the  Governors  to  the  President  of  India regarding the Administration of the Scheduled Areas and setting up of Tribal Advisory  Council  to  advise  on  such  matter  pertaining  to  the  welfare  and advancement of the Scheduled Tribes ( Article 244(1) ).
-  The Sixth Schedule to the Constitution refers to the administration of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram by designating certain  tribal  areas  as  Autonomous Districts and  Autonomous  Regions  and also by constituting District Councils and Regional Councils ( Article 244(2) ). It  enables  Autonomous  District  Councils  and  Regional  Councils  to  be constituted  in  those  areas  with  a  fair  amount  of  legislative  and  executive powers.
-  To ensure effective participation of the tribals in the process of planning and decision- making, the 73 rd  Amendment of the Constitution have been extended to the Scheduled Areas through the Panchayats (Extension to the Scheduled Areas) Act, 1996.

## (ii)        Important Acts related to Scheduled Tribes

-  Forest  Rights  Act  2006  [with  Rules  (Including  2012  Amendment)  and Guidelines] administered by Ministry of Tribal Affairs.
-  Protection of Civil Rights Act, 1955 administered by Ministry of Social Justice and Empowerment.
-  Protection of Civil Right Rules, 1977 administered by Ministry of Social Justice and Empowerment.
-  The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 as amended from time to time administered by Ministry of Social Justice and Empowerment.
-  The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 administered by Ministry of Social Justice and Empowerment.
-  . Panchayats Extension to the Scheduled Areas (PESA) Act 1996 administered by Ministry of Panchayati Raj
-  The right to fair compensation and transparency in land acquisition, rehabilitation and resettlement  Act,  2013  has  specific  provisions  to  safeguard  the  interest  of  STs, administered by Department of Land Resources, Ministry of Rural Development.

There are many other Acts and guidelines administered by various Central Ministries and Departments which have specific provisions to safeguard the interest of STs in the country including reservation in admission, protection of habitat, development of tribal region etc. Ministry of Tribal Affairs holds meeting with sectoral Ministries from time to time.  Further, a 'Joint Communication' has been signed by Ministry of Environment and Ministry of Tribal Affairs  addressed  to  all  Chief  Secretaries  of  States/UTs,  pertaining  to  more  effective implementation of the Forest Rights Act(FRA), 2006 and for harnessing the potential for livelihood  improvement  of  the  Forest  Dwelling  Scheduled  Tribes  (FDSTs)  and  other Traditional Forest Dwellers (OTFDs). Funds are provided to States based on their demand for awareness generation regarding effective implementation of Forest Rights Act, 2006.

MoTA is implementing a scheme 'Mechanism for Marketing of Minor Forest Produce (MFP) through Minimum Support Price (MSP) and Development of Value Chain for MFP', which is aimed at elimination  of  middleman  through  providing  MSP  to  MFPs.  Further,  under  the Scheme, the concept of establishment of Vandhan Vikas Kendra has been conceived to tap into  the  traditional  knowledge  and  skill  sets  of  tribal  people  by  adding  technology  and Information Technology for upgradation of output at each stage and protecting the gains of their labour and knowledge which are otherwise reaped by the long chain of middlemen.

The  National  Human  Rights  Commission  (NHRC),  constituted  under  the  Protection  of Human  Rights  Act,  1993,  and  the  National  Commission  for  Scheduled  Tribes  (NCST) remain  vigilant  against  any  such  possibility  in  violation  of  existing  safeguards  as  per constitutional and legal framework in the country.

(c):       Yes, sir.   Minor Forest Produce (MFP) is a significant source of livelihood for tribals living in forest areas. Forest dwellers depend on MFPs for food, shelter, medicines and cash income.  It  provides  them  critical  subsistence  during  the  lean  seasons,  particularly  for primitive  tribal  groups  such  as  hunter  gatherers,  and  the  landless.  Van  Dhan  Vikas Karyakram,  an  initiative  under  the  Scheme  'Mechanism  for  Marketing  of  Minor  Forest Produce (MFP) through Minimum Support Price (MSP) and Development of Value Chain for MFP', targets livelihood generation for tribals by harnessing the wealth of forest i.e. Van Dhan. Under this programme, tribal community owned Minor Forest Produce centric multipurpose Kendras are set up through Tribal Cooperative Marketing Development Federation of  India  (TRIFED)  in  the  districts  with  significant  tribal  population.  The  Kendras  acts  as common facility centres for procurement cum value addition to locally available Minor Forest Produce. Value addition of raw produce helps increasing the value of the MFP considerably and  consequently  the  income  of  the  gatherers.  State-wise  details  of  Van  Dhan  Vikas Kendras established in the country is given at Annexure I .

Moreover,  the  Scheduled  Tribes  And  Other  Traditional  Forest  Dwellers  (Recognition  Of Forest Rights) Act, 2006 (FRA) recognizes the rights of the forest dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs. The Ministry notifies the implementation report on FRA every month to PMO, Cabinet Secretariat and NITI Aayog and the latest implementation status (Monthly Progress Report) notified by the Ministry (ending February, 2021) is given at Annexure 2 . A list showing latest position  of  receipt  of  Monthly  Progress  Reports  (MPR)  on  implementation  of  FRA  2006 furnished by the State Governments as on date i.e. 7.8.2021 is given at Annexure 3 .

## Annexure I

Annexure I referred to in reply to part (c) of the reply to Lok Sabha Unstarred Question 3320 for answer 9.8.2021

## State-wise details of Van Dhan Vikas Kendras sanctioned along with beneficiary details

| States                               |   No. of Forest Gatherers benefitted |   Amount Sanctioned (Rs. in lakhs) |   No. of VDVK clusters (consisting of 15 vandhan SHG in each VDVK) Sanctioned |
|--------------------------------------|--------------------------------------|------------------------------------|-------------------------------------------------------------------------------|
| Andhra Pradesh                       |                                77658 |                            3882.9  |                                                                           263 |
| Assam                                |                                37786 |                            1920    |                                                                           128 |
| Bihar                                |                                 1630 |                              81.5  |                                                                             8 |
| Chhattisgarh                         |                                41700 |                            2085    |                                                                           139 |
| Dadra & Nagar Haveli and Daman & Diu |                                  302 |                              15    |                                                                             1 |
| Goa                                  |                                 3000 |                             150    |                                                                            10 |
| Gujarat                              |                                34424 |                            1721.2  |                                                                           116 |
| Himachal Pradesh                     |                                  262 |                              13.1  |                                                                             1 |
| Ladakh                               |                                 3000 |                             150    |                                                                            10 |
| Jharkhand                            |                                11601 |                             569.7  |                                                                            39 |
| Karnataka                            |                                11448 |                             572.4  |                                                                            39 |
| Kerala                               |                                 7732 |                             385.25 |                                                                            28 |
| Madhya Pradesh                       |                                32100 |                            1605    |                                                                           107 |
| Maharashtra                          |                                79350 |                            3960    |                                                                           264 |
| Manipur                              |                                60390 |                            2996.8  |                                                                           200 |
| Meghalaya                            |                                11835 |                             584.1  |                                                                            39 |
| Mizoram                              |                                46168 |                            2306.55 |                                                                           159 |
| Nagaland                             |                                61800 |                            3090    |                                                                           206 |
| Odisha                               |                                46807 |                            2269.25 |                                                                           156 |
| Rajasthan                            |                                57292 |                            2832.2  |                                                                           189 |
| Sikkim                               |                                23800 |                            1169.05 |                                                                            80 |
| Tamil Nadu                           |                                 2100 |                             105    |                                                                             7 |
| Telangana                            |                                 5100 |                             255    |                                                                            17 |
| Tripura                              |                                 9039 |                             436.95 |                                                                            32 |
| Uttar Pradesh                        |                                 7191 |                             359.55 |                                                                            25 |
| Uttarakhand                          |                                 3605 |                             179.95 |                                                                            12 |
| Total                                |                               677120 |                           33695.4  |                                                                          2275 |

## Annexure 2

Annexure 2 referred to in reply to part (c) of the reply to Lok Sabha Unstarred Question 3320 for answer 9.8.2021

## State-wise status of implementation of FRA

| S. No.   | States           | No. of Claims received upto 28.02.2018   | No. of Claims received upto 28.02.2018   | No. of Claims received upto 28.02.2018   | No. of Titles Distributed upto 28.02.2019   | No. of Titles Distributed upto 28.02.2019   | No. of Titles Distributed upto 28.02.2019   | Extent of Forest land for which titles distributed (in acres)   | Extent of Forest land for which titles distributed (in acres)   | Extent of Forest land for which titles distributed (in acres)   |
|----------|------------------|------------------------------------------|------------------------------------------|------------------------------------------|---------------------------------------------|---------------------------------------------|---------------------------------------------|-----------------------------------------------------------------|-----------------------------------------------------------------|-----------------------------------------------------------------|
| S. No.   | States           | Individ ual                              | Commu nity                               | Total                                    | Individ ual                                 | Commu nity                                  | Total                                       | Individual                                                      | Communit y                                                      | Total                                                           |
| 1        | Andhra Pradesh   | 1,77,44 6                                | 4,062                                    | 1,81,5 08                                | 96,675                                      | 1,374                                       | 98,049                                      | 2,39,554                                                        | 4,53,384                                                        | 6,92,938                                                        |
| 2        | Assam            | 1,48,96 5                                | 6,046                                    | 1,55,0 11                                | 57,325                                      | 1,477                                       | 58,802                                      | NA                                                              | NA                                                              | NA                                                              |
| 3        | Bihar            | 8,022                                    | 0                                        | 8,022                                    | 121                                         | 0                                           | 121                                         | NA                                                              | 0                                                               | NA                                                              |
| 4        | Chhattisgar h    | 8,58,68 2                                | 31,558                                   | 8,90,2 40                                | 4,01,25 1                                   | 21,967                                      | 4,23,2 18                                   | 8,43,100.6 9                                                    | 20,38,146.1 5                                                   | 28,81,246.84                                                    |
| 5        | Goa              | 9,758                                    | 378                                      | 10,136                                   | 17                                          | 8                                           | 25                                          | 76.6                                                            | 10.25                                                           | 86.86                                                           |
| 6        | Gujarat          | 1,82,86 9                                | 7,187                                    | 1,90,0 56                                | 83,699                                      | 3,516                                       | 87,215                                      | 1,29,571.6 1                                                    | 11,61,351.4 9                                                   | 12,90,923.10                                                    |
| 7        | Himachal Pradesh | 2,071                                    | 170                                      | 2,241                                    | 129                                         | 7                                           | 136                                         | 5.96                                                            | 4,670.56                                                        | 4,676.52                                                        |
| 8        | Jharkhand        | 1,05,36 3                                | 3,667                                    | 1,09,0 30                                | 58,053                                      | 2,090                                       | 60,143                                      | 1,02,918.0 7                                                    | 99,781.96                                                       | 2,02,700.03                                                     |
| 9        | Karnataka        | 2,75,44 6                                | 5,903                                    | 2,81,3 49                                | 14,667                                      | 1,406                                       | 16,073                                      | 20,813.51                                                       | 28,155.75                                                       | 48,969.26                                                       |
| 10       | Kerala           | 36,140                                   | 1,395                                    | 37,535                                   | 24,599                                      | NA                                          | 24,599                                      | 33,018.12                                                       | NA                                                              | 33,018.12                                                       |
| 11       | Madhya Pradesh   | 5,82,30 8                                | 41,795                                   | 6,24,1 03                                | 2,24,88 2                                   | 27,948                                      | 2,52,8 30                                   | 8,10,233.7 3                                                    | 13,32,853.1 1                                                   | 21,43,086.84                                                    |
| 12       | Maharashtr a     | 3,62,67 9                                | 12,037                                   | 3,74,7 16                                | 1,65,03 2                                   | 7,084                                       | 1,72,1 16                                   | 392928.7                                                        | 27,36,660.6 8                                                   | 31,29,589.41                                                    |

| 13    | Odisha        | 6,15,74 1   | 13,826    | 6,29,5 67   | 4,27,66 1   | 6,564   | 4,34,2 25   | 6,35,761.8 3   | 2,35,205.91   | 8,70,967.73   |
|-------|---------------|-------------|-----------|-------------|-------------|---------|-------------|----------------|---------------|---------------|
| 14    | Rajasthan     | 74,414      | 1,441     | 75,855      | 38,007      | 103     | 38,110      | 57,730.26      | 2,993.64      | 60,723.90     |
| 15    | Tamil Nadu    | 32,983      | 1005      | 33,988      | 6,111       | 276     | 6,387       | 8607.26        | 0             | 8,607.26      |
| 16    | Telangana     | 1,83,25 2   | 3,427     | 1,86,6 79   | 93,639      | 721     | 94,360      | 3,00,284       | 4,54,055      | 7,54,339      |
| 17    | Tripura       | 2,00,35 8   | 277       | 2,00,6 35   | 1,27,93 1   | 55      | 1,27,9 86   | 4,60,049.1 6   | 91.16         | 4,60,140.33   |
| 18    | Uttar Pradesh | 92,520      | 1,124     | 93,644      | 17,712      | 843     | 18,555      | 18,854         | 1,20,802.06   | 1,39,656.06   |
| 19    | Uttarakhan d  | 3,574       | 3,091     | 6,665       | 144         | 1       | 145         | 0              | 0             | 0             |
| 20    | West Bengal   | 1,31,96 2   | 10,119    | 1,42,0 81   | 44,444      | 686     | 45,130      | 21,014.27      | 572.03        | 21,586.29     |
| TOTAL | TOTAL         | 40,84,5 53  | 1,48,50 8 | 42,33, 061  | 18,82,0 99  | 76,126  | 19,58, 225  | 4074522        | 8668733.76    | 12743255.55   |

Annexure 3 referred to in reply to part (c) of the reply to Lok Sabha Unstarred Question 3320 for answer 9.8.2021

## Updated List showing Latest position of receipt of Monthly Progress Reports (MPR) on implementation of FRA 2006 furnished by the State Governments as on date i.e. 7.8.2021.

| Name of States   | MPR for the month last received   |
|------------------|-----------------------------------|
| Andhra Pradesh   | December, 2019                    |
| Assam            | December, 2016                    |
| Bihar            | January 2021                      |
| Chhattisgarh     | Dec, 2020                         |
| Goa              | May 2021                          |
| Gujarat          | May,2021                          |
| Himachal Pradesh | March, 2021                       |
| Jharkhand        | March, 2019                       |
| Karnataka        | June, 2021                        |
| Kerala           | June, 2021                        |
| Madhya Pradesh   | June, 2021                        |
| Maharashtra      | May, 2021                         |
| Odisha           | June, 2021                        |
| Rajasthan        | May, 2021                         |
| Tamil Nadu       | December, 2020                    |
| Telangana        | May, 2021                         |
| Tripura          | May, 2021                         |
| Uttar Pradesh    | May, 2021                         |
| Uttarakhand      | June, 2021                        |
| West Bengal      | March, 2017                       |

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