Lok Sabha Question No. 3565 (UNSTARRED), answered on 2021-12-20
Subject: Displacement of Tribal Population
Ministry: TRIBAL AFFAIRS
Asked by: Abdul Khaleque, Jayadev Galla

## GOVERNMENT OF INDIA

## MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION No- 3565

TO BE ANSWERED ON- 20/12/2021

## DISPLACEMENT OF TRIBAL POPULATION

## 3565. SHRI ABDUL KHALEQUE: SHRI JAYADEV GALLA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether the Government has data of displaced tribal population over the last five years;
- (b) if so, the reasons for displacement and number of displaced persons, State-wise;
- (c) the details of assistance provided to such tribals by the Government; and
- (d)  whether  the  Government  provides  any  compensation  as  Intellectual  Property  Right  to  the Tribals for the traditional knowledge of tribal medicines and if so, the details thereof?

## ANSWER

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

(a)  to  (c): In  so  far  as  safeguarding  the  rights  of  persons  who  get  displaced  because  of  land acquisition, land related issues are concerned; 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. 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 other wise 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.

(d) : Traditional knowledge associated with biological resources is an intangible component of the resource  itself.  Traditional  Knowledge  has  the  potential  of  being  translated  into  commercial benefits by providing leads for development of useful products and processes. The Biodiversity Act 2002 provides that no person shall apply for any intellectual property right, by whatever name called, in or outside India for any invention based on any research or information on a biological resource obtained from India without obtaining the previous approval of the National Biodiversity Authority before making such application.

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