Lok Sabha Question No. 3673 (UNSTARRED), answered on 2022-08-08
Subject: Right of Scheduled Tribes
Ministry: TRIBAL AFFAIRS
Asked by: Feroze Varun Gandhi

## GOVERNMENT OF INDIA

## RIGHT OF SCHEDULED TRIBES

## 3673. SHRI FEROZE VARUN GANDHI:

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): Under  the  provisions  of  'the  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers (Recognition of Forest  Rights) Act, 2006 (in short FRA)  rights are recognized and vested to the eligible individuals and community from amongst Scheduled Tribes and Other Traditional Forest Dwellers to use forest  land  and  resources  for  their  livelihood.  Respective  State  Governments  /  UT  administrations  are responsible for implementation of the provisions of the Act.

Further, 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)]. Under the FRA, there is no specific provision to give approval to any project related to Industry by Ministry  of  Tribal  Affairs.    However  State  Government  are  required  to  ensure  that  rights  of  Scheduled Tribes and forest dwellers under the Act of 2006 are safeguarded and protected.

Further, Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition,  Rehabilitation  and Resettlement  Act,  2013  (RFCTLARR  Act,  2013),  provides  safeguards  to  the  right  holders  under  FRA against displacement under Sections 41 and 42. The RFCTLARR Act, 2013 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.

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  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.
- 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.

Section 5 of the FRA provides that the holders of any forest right, Gram Sabha and village level institutions in areas where there are holders of any forest right under this Act are empowered to -

- (a)        protect the wild life, forest and biodiversity;

(b)         ensure  that  adjoining  catchments  area,  water  sources  and  other  ecological  sensitive  areas  are adequately protected;

(c)        ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage;

(d)       ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and  stop  any  activity  which  adversely  affects  the  wild  animals,  forest  and  the  biodiversity  are  complied with.

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