Lok Sabha Question No. 2367 (UNSTARRED), answered on 2025-03-13
Subject: Protection of Tribal Rights
Ministry: TRIBAL AFFAIRS
Asked by: Shri S Supongmeren Jamir

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO-2367

TO BE ANSWERED ON- 13/03/2025

## PROTECTION OF TRIBAL RIGHTS

## 2367. Shri S Supongmeren Jamir:

Will the Minister of Tribal Affairs be pleased to state:

- (a)  the  steps  taken  by  the  Government  to  address  the  key  issues  faced  by  tribal  communities, including land displacement, lack of access to basic services and marginalization;
- (b) whether the Government has specific measures in place to protect tribal rights and prevent exploitation of natural resources in tribal areas and if so, the details thereof;
- (c)  the  measures taken by  the Government to ensure that development projects do not lead to displacement and loss of livelihoods for tribal communities; and
- (d) the details of mechanism in place to provide rehabilitation to tribal communities?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS (SHRI DURGA DAS UIKEY)

(a), (c) & (d): 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). However, there are special provisions in the Constitution of India and several legislations to protect the interest of the Scheduled Tribe community and ensure fair rehabilitation; some of them are at Annexure-I.

The Ministry of Tribal Affairs (MoTA) being the nodal Ministry for overall policy, planning and coordination of programs for development of STs is implementing various schemes for the welfare and development of STs. Inorder to provide Scheduled Tribes Access to basic services, Ministry of  Tribal  Affairs  has  taken  various  initiatives  through  multiple  schemes  like   Pradhan  Mantri Janjati Adivasi Nyaya Maha AbhiyaN (PM-JANMAN) and Dharti Abha Janjatiya Gram Utkarsh Abhiyan (DA-JGUA).

PM-JANMAN is  a  transformative  Policy  level  initiative  which  aims  at  fostering  the  holistic development of 75 Particularly Vulnerable Tribal Groups (PVTGs) across 18 States and 1 Union Territory.  With  a  budgetary  outlay  of  ₹24,104  Crore  (Central  Share:  ₹15,336  Crore  and  State Share:  ₹8,768  Crore),  PM-JANMAN ,  approved  for  3  years  ,is  designed  to  provide  equitable access  to  essential  services  for  PVTG  communities,  improving  their  living  conditions  and facilitating  their  socio-economic progress. The core objectives include providing safe housing, clean drinking water, access to education, healthcare, nutrition, road connectivity, electricity, and enhanced livelihood opportunities.

DA-JGUA is a multi-sectoral initiative, to ensure the holistic and sustainable development of tribal populations in villages. This ambitious program integrates schemes from 17 ministries, including MoTA, through 25 targeted interventions, focusing on saturating more than 63000 tribal majority villages  with  essential  service  infrastructure.The  initiative  aims  to  address  key  gaps  in  tribal villages  with  a  focus  on:  Safe  housing  and  clean  drinking  water,  Improved  sanitation  and healthcare facilities, Enhanced access to quality education and nutrition, electricity supply and promotion  of  renewable  energy  sources,  better  road  and  telecom  connectivity  and  sustainable livelihoods through convergence of relevant schemes of participating Ministries.

Apart from above, the details of few other schemes implemented by Ministry of Tribal Affairs for welfare and development of ST communities is at Annexure-II.

Additionally,  the  Government  of  India  is  implementing  various  schemes  through  sectoral Ministries  wherein  dedicated  funds  are  earmarked  as  Scheduled  Tribe  Component  (STC) [Development Action Plan for Scheduled Tribes (DAPST)] for tribal welfare and development across the country. This includes support for education, health, sanitation, water supply, livelihood etc. Besides the Ministry of Tribal Affairs (MoTA), 41 Ministries / Departments are allocating a certain percentage of their total scheme budget for tribal development under STC for various tribal development projects.

(b): The Forest Rights Act, recognizes 13 different rights including the right to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood, right of ownership, access to collect, use, and dispose of minor forest produce, enntitlement  on  usage  of  water  bodies  and  its  products,  pastures  for  grazing  (both  settled  or transhumant) and traditional seasonal resource access and also provides authority and responsibility  to  the  Gram  Sabha  of  the  forest  dependent  community  to  protect,  regenerate  or conserve or manage any  community forest resource which they have been  traditionally protecting sustainable use.

Section 3(1) (c) under FRA recognises the right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries by the Forest Dwelling communities. Also, PESA, 1996 empowers Gram Sabha by providing MFP ownership rights.

Further, Section 3(1) (i) empowers Gram Sabhas to manage and protect biodiversity. And section (5) stipulates that, Gram Sabha and village level institutions 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.

Annexure I referred to in reply to part (a), (c) & (d) of Lok Sabha Unstarred Question No. 2367 for answer on 13.03.2025

Constitutional and legal provisions to protect and safeguarding the land rights of STs and to address the issue of Land Acquisition and displacement of tribals

- (1) Constitutional provisions under Schedule - V 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. Para 5.2 of the V Schedule of the Constitution has a predominant object of imposing total prohibition on transferring immovable property in a scheduled area to any person other than a tribal.
- (2) The Panchayats (Extension to the Scheduled Areas) Act, 1996 (in short PESA) 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 for development projects and before re-settling or rehabilitating persons affected by such projects in the Scheduled Areas".
- (3) The  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers  (Recognition  of  Forest Rights)  Act "  (in  short,  FRA)  enacted  in  2006  provides  adequate  safeguards  to  avoid  any displacement of tribal population but also seeks to involve democratic institutions in the process of recognition and vesting of forest rights at the grassroots level.
- a) Section 4 (4) of FRA stipulates that the right shall be heritable but not alienable or transferable and shall be registered jointly in the name of both the spouses in case of married persons and in the name of the single head in the case of a household headed by a single person and in the absence of a direct heir, the heritable right shall pass on to the next-of-kin.
- b) Section 4(5) of FRA states that "Save as otherwise provided, no member of a Forest Dwelling Scheduled Tribe or Other Traditional Forest Dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete".
- (4) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (RFCTLARR Act, 2013) has special provisions for STs, which have been spelled out under Sections 41 and 42.
7. (i) 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.
8. (ii) The  Second  Scheduleof  the  RFCTLARR ,  provide  for  element  of  rehabilitation  and resettlement for all the effected families (both land owners and the families whose livelihood is primarily dependent on land acquired) in addition to those provided in the first Schedule.
9. (iii) The  Third  Schedule  of  the  RFCTLARR, provide  for  infrastructural  amenities  for  a reasonably habitable and planned settlement in the resettlement area. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and RFCTLARR Act, 2013 further spells out the procedure for identification of the affected persons/ families [sub-section (c) of Section 3], determining and calculating the compensation amount (Section 26 to 29), as well as mechanisms for developing rehabilitation and resettlement processes (Chapters V and VI).

## Annexure II referred to in reply to part (a), (c) & (d) of Lok Sabha Unstarred Question No. 2367 for answer on 13.03.2025

Ministry  is  also  implementing  following  schemes  for  welfare  and  development  of  tribal communities:

- (i)  ' Pradhan Mantri Janjatiya Vikas Mission (PMJVM)': PMJVM envisions to strengthen tribal  entrepreneurship  initiatives  and  to  facilitate  livelihood  opportunities  by  promoting  more efficient, equitable, self- managed, optimum use of natural resources, Agri / NTFP / Non-farm enterprises. With a total financial outlay of Rs. 1612.27 crore for 5 years (2021-22 to 2025-26), there  are  3  major  components.  The  first  component  comprises  'Mechanism  for  Marketing  of Minor Forest Produce (MFP) through Minimum Support Price (MSP), where in MSP is fixed for 87 MFPs. The 2 nd  component, Development of Value Chain for MFP', wherein VandhanKendras are set up. The 3rd component is 'Institutional Support for Development and Marketing of Tribal Products  /  Produce',  where  grants  are  given  to  Tribal  Cooperative  Marketing  Development Federation of India (TRIFED), which is the nodal agency for implementation of the Scheme.
- (ii) Pre-Matric Scholarship: It is a Centrally Sponsored Scheme implemented through respective State/UT administrations. This is an open-ended Scheme covering all ST students studying in Std. IXth&Xth,  whose  parental  annual  income  is  up  to  Rs.  2.50  lakhs.  The  contribution  from Government of India is 75% and the state contribution is 25%. In respect of North East states and hilly states, the contribution from Government of India is 90% and the state contribution is 10%. In case of UTs like Andaman & Nicobar without Legislative Assembly and own grants, Govt. of India's contribution is 100%.
- (iii) Post  Matric  Scholarship: It  is  a  Centrally  Sponsored  Scheme  implemented  through respective  Ste/UT  administrations.  This  is  an  open-ended  Scheme  covering  all  ST  students studying in in class XI and above, whose parental annual income is up to Rs. 2.50 lakhs. The contribution from Government of India is 75% and the state contribution is 25%. In respect of North East states and hilly states, the contribution from Government of India is 90% and the state contribution is 10%. In case of UTs like Andaman & Nicobar without Legislative Assembly and own grants, Govt. of India's contribution is 100%.
- (iv) Support to Tribal Research Institute (TRI): Under the schemes Support to TRIs funds are provided to the State governments / UTs research, documentation etc. based on their proposal.
- (v) Eklavya Model Residential Schools (EMRS): Introduced in the year 1997-98 to provide quality education to Scheduled Tribes (ST) students (Class 6th to 12th) in remote areas in 201819,  Government revamped it  as  a  central  sector  scheme  by  which  EMRS  is  to  be  established in  every block with 50% or more ST population and at least 20,000 tribal persons, have an EMRS. Accordingly, the target of establishing 728 EMRSs across the country has been set up which is likely to benefit more than 3.5 lakh ST children. National Education Society for Tribal (NESTS) an autonomous society has been established to administer the scheme. As on date, all schools have been sanctioned by the Ministry, out of which 477 are reported to be functional benefiting more than 1,30,000 ST children.
- (vi) Grants under Proviso to Article 275(1) of the Constitution: Ministry of Tribal Affairs also provides  funds  to  the  State  Governments  under  Grants  under  Proviso  to  Article  275(1)  of  the Constitution. It is a 100% grant from Government of India. Funding under this programme is to enable the State to meet the cost of such schemes of development as may be undertaken by the State for the purpose of promoting the welfare of Scheduled Tribes in that State.
- (vii) Grants-in-Aid to  Voluntary Organizations working for the welfare of STs :  Financial assistance is provided to the Voluntary Organizations working for the welfare of STs.