Tribal Bill report in Parliament: Land rights for forest-dwellers

 

Express news service

Posted online: Wednesday, May 24, 2006 at 0000 hrs IST

NEW DELHI, MAY 23
The joint parliamentary committee (JPC) on the Tribal Bill today presented its report in Parliament, prescribing radical measures that have triggered strong reactions from the conservationists.

The three chief recommendations of the bill that have caused alarm:

 

• The Bill wanted to give land rights to those living on forest land before October 25, 1980. The JPC wants the date brought forward to December 13, 2005, giving encroachers an advantage.

• The Bill grants five years’ provisional land rights for those living on forest land, pending relocation with compensation. The JPC wants the time limit to go. It also wants government to redefine “voluntary relocation” with right to return if rehabilitation promises are unfulfilled.

• The Bill gives forest-dwellers the right to protect the wilderness but no authority. The JPC wants to give communities the right to make regulations to protect wildlife and forest. Conservationists fear they will frame regulations to suit their need for extracting forest resources.

 

“If these recommendations are incorporated, we can forget about our forests and all conservation concerns. I have faith in the wisdom and vision of the Cabinet and hope they will take the right call. Our future and that of the planet may well depend on this,” said Mike Pandey, conservationist and filmmaker.

“If modified and passed, this disastrous Bill will not be a victory for the tribals. This will be a victory for our bureaucrats who wanted to destroy the Wildlife Act and the Forest Act, which are closely protected by the Supreme Court and don’t give any room for our babus to tinker with the forests,” said former Project Tiger chief P K Sen.

The Scheduled Tribes (Recognition of Forest Rights) Bill, 2005, was tabled in the House on December 13, and then referred to a 20-member JPC.

The Wildlife (Protection) Act Amendment Bill, 2005, was shelved after the Cabinet’s approval as the government wanted to wait for this JPC report. The amendment Bill wanted to ensure Project Tiger’s jurisdiction over the entire tiger map of the country — a provision not possible if the Tribal Bill is passed.

Officials of the Union Ministry of Environment & Forests seemed upset. But they were not willing to comment. Said Director-General (Wildlife) R P S Katwal: “Let me examine the report before I can comment.”

The Tribal Ministry will now decide which recommendations it wants to adopt.

The redrafted Tribal Bill will go to the Union Cabinet for modification and approval before it can be reintroduced in Parliament.

JPC’s other suggestions

 

• The Bill wanted government officials to decide on land-rights proposals from gram sabhas. The JPC in effect wants gram sabhas to decide on them, though district authorities will also take a call.

• The Bill doesn’t give any right to non-tribals. The JPC wants to give rights to non-scheduled tribes who have been living in forests for three generations or more or were settled there by the government.

• The Bill doesn’t have any provision for developmental work. But the JPC wants provisions to allow projects such as school, hospitals and roads.

• The Bill restricts land-rights claims to 2.5 hectares per family. The JPC wants no ceiling.

• The committee says the government should not have the power to take away rights given to projects such as mines or industries without the community’s consent.