News Highlight
There are allegations that the Forest Conservation Rule 2022 violate the rights of forest dwellers enshrined in the Forest Rights Act, 2006.
Key Takeaway
- The National Commission for Scheduled Tribes has asked the environment and forest ministry to suspend the rules notified in June.
The Forest Conversion Rule 2022.
- The Ministry of Environment, Forest and Climate Change (MoEFCC) has notified the Forest (Conservation) Rules, 2022.
- The primary objective of the policy is to safeguard the territory and integrity of the forests and maintain an ecological balance for every flora and fauna to sustain.
The Provisions of Forest Conservation Rules,2022
- Consent of Adivasis:
- The rules shift the responsibility of the Union government to take the consent of Adivasis (before the approval of a project) onto the State Governments.
- It means that the burden to ensure the rights of Scheduled Tribes to their traditional forestlands is now with the State Governments.
- Compensatory fund:
- A project, once approved by the Forest Advisory Committee (FAC), will then be passed on to the State authorities, who will collect the compensatory fund and process it for final approval.
- Clearing the forest
- The new rules allow the Union Government to permit the clearing of a forest before consulting its inhabitants.
- Private parties
- The rules allow private parties to cultivate plantations and sell them as land to companies who need to meet compensatory afforestation targets.
- Project Screening Committee
- The MoEFCC has directed the constitution of a project screening committee in each state/UT for an initial review of proposals involving the diversion of forest land.
- The five-member committee will meet at least twice every month and will advise the state governments on projects in a time-bound manner.
- All non-mining projects between 5-40 hectares must be reviewed within a period of 60 days, and all such mining projects must be reviewed within 75 days.
- For projects involving a larger area, the committee gets some more time — 120 days for non-mining projects involving more than 100 hectares and 150 days for mining projects.
- Regional Empowered Committees
- All linear projects (roads, highways, etc), projects involving forest land up to 40 hectares and those that have projected use of forest land having a canopy density up to 0.7 — irrespective of their extent for survey — shall be examined in the Integrated Regional Office.
- Compensatory Afforestation
- The applicants for diverting forest land in a hilly or mountainous state with green cover covering more than two-thirds of its geographical area, or in a state/UT with forest cover covering more than one-third of its geographical area, will be able to take up compensatory afforestation in other states/UTs where the cover is less than 20%.
The concerns associated with the new Rules
- The tribals and forest-dwelling communities
- There is a lack of clarity regarding what happens to tribals and forest-dwelling communities whose land would be taken away for developmental work.
- Further, the wording of the new rules implies that it is not mandatory to take Gram Sabha’s consent before forest diversion.
- Forced consent
- The new rules allow the Union Government to permit the clearing of a forest before consulting its inhabitants. This is akin to forced consent; the inhabitants will have no choice but to accept.
- Once forest clearance has been granted, no claims will be recognised and settled.
- End the ‘ease of living:
- The rules are being criticised as a tool to promote ease of doing business for a chosen few but will end the ‘ease of living for the many forest dwellers.
- Lack of consultation and discussion
- The new rules were promulgated without consultation and discussion with the stakeholders.
The Forest Rights Act, 2006.
- About
- FRA enacted in 2006 recognises the rights of forest-dwelling tribal communities and other traditional forest dwellers to forest resources on which these communities were dependent for various needs, including livelihood, habitation and other socio-cultural needs.
- It recognises the forest rights and occupation in Forest land in Forest Dwelling Scheduled Tribes (FDST) and Other Traditional Forest Dwellers (OTFD). They have been residing in such forests for generations.
Rights Under the Forest Rights Act
- Title rights
- It gives FDST and OTFD the right to ownership of land farmed by tribals or forest dwellers subject to a maximum of 4 hectares.
- Ownership is only for land that the concerned family is cultivating, and no new lands will be granted.
- Use rights
- The dwellers’ rights extend to extracting Minor Forest Produce, grazing areas etc.
- Relief and development rights
- To rehabilitate in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection.
- Forest management rights
- It includes the right to protect, regenerate, conserve, or manage any community forest resource they have traditionally been protecting and conserving for sustainable use.
Content Source: Times of India