Skip to main content

Order "undermining" gram sabha in diverting forest land would "promote cronyism, corruption": NGO

By Our Representative
Prominent people’s organizations have begun to object to the latest Government of India move to undermine the right of the tribal gram sabhas (or general body meetings of villagers) to be consulted before kickstarting any non-forest activity in the forest areas. In a strongly worded letter to the Ministry of Environment and Forests (MoEF), Government of India, the Campaign for Survival and Dignity (CSD), Odisha, said the move funs against the spirit of the “historic” Forest Rights Act, 2006 passed by under the previous UPA government.
Pointing out that such “diversion” without gram sabha approval was unacceptable, the NGO said, “The Act was supported by all parties and lauded as a step towards addressing the historical injustice done to forest dwelling communities in the country.” Targeting the MoEF, the CSD alleged, “We are dismayed to find that the Ministry appears to be intent on undermining this Act, destroying its transparent processes, and giving all powers to officials.”
In its order dated October 28, the MoEF had said, following “representations” from several Union ministries, and after obtaining “concurrence” of the Ministry of Tribal Affairs, it has decided that projects – like construction of roads, canals, laying of pipelines/ optical fibres and transmission lines etc., “where linear diversion of use of forest land in several villages are involved” – should be exempted from the requirement of obtaining consent of the concerned gram sabha.
Saying that the MoEF was acting in an “ill-intentioned” manner, the CSD said, “MoEF’s repeated attempts to restrict the requirement for the consent of the gram sabha before diversion of forest land are unfortunate. Despite the Supreme Court's ruling in Orissa Mining Corporation vs. Union of India - which clearly upheld this requirement, flowing from section 5 of the Act - the Ministry continues to try to exempt various projects from this requirement.”
Calling it a “patently illegal order”, the NGO said, the effort was to empower district collectors to decide whether or not the Forest Rights Act is applicable in a particular area. It added, “The requirement for the consent of the gram sabha is in no sense a source of delay for project clearances and is the minimum requirement if the Forest Rights Act is to have any meaning. There is no point in empowering people to manage forests if those forests can then be destroyed on the whim of a bureaucrat”.
CSD said, “The attempts to empower district collectors or other officials to decide when the rights recognition process is complete (as in the Forest Conservation Rules notified in March). This is also illegal as it is in direct violation of section 6(1) of the Forest Rights Act. Moreover, it amounts to empowering precisely the same officials who are responsible for the denial of forest rights till date.” It added, “It is no surprise that in every single case where a Collector's certificate of rights recognition has been inquired into, it has been found to be false.”
CSD further said that the October 28 order was seeking to “incite” companies and government officials to “violate the law and commit criminal offences under the Forest Rights Act and the SC/ST Prevention of Atrocities Act in the name of easier clearances". It was seeking to “mislead” investors and project proponents that the Forest Rights Act could be bypassed.
Calling this as nothing but an effort to promote “corruption and cronyism”, the letter warned, “Ignoring the actual sources of illegality, corruption and arbitrariness in the clearance process” is in “direct violation of the orders of the Supreme Court and will lead to a flood of litigations.” It added, “We hope that the Ministry will take swift action to ensure that diversion of forest land takes place in accordance with the law, without incitement to illegality and corruption.”

Comments

TRENDING

Stagnating wages since 2014-15: Economists explain Modi legacy for informal workers

By Our Representative  Real wages have barely risen in India since 2014-15, despite rapid GDP growth. The country’s social security system has also stagnated in this period. The lives of informal workers remain extremely precarious, especially in states like Jharkhand where casual employment is the main source of livelihood for millions. These are some of the findings presented by economists Jean Drèze and Reetika Khera at a press conference convened by the Loktantra Bachao 2024 campaign. 

'Assault on civic, academic freedom, right to dissent': TISS PhD student's suspension

By Our Representative  The Mumbai-based civil rights group All India Secular Forum (AISF) has said that the suspension of Tata Institute of Social Sciences (TISS) PhD student Ramadas Prini Sivanandan (30) for two years for allegedly indulging in activities which were "not in the interest of the nation" is meant to send out the message that students and educational institutes will be targeted if they don’t align with the agenda and ideology of the ruling regime.  TISS in a notice served to Ramadas has cited that his role in screening the documentary 'Ram Ke Naam' on January 26 as a "mark of dishonour and protest" against the Ram Mandir idol consecration in Ayodhya.  Another incident cited in the notice was Ramadas’ participation in the protest against unfair government policies in Delhi under the banner of the Progressive Students' Forum (PSF)-TISS. TISS alleges the institute's name was "misused", which wrongfully created an impression that

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Bill Gates as funder, author, editor, adviser? Data imperialism: manipulating the metrics

By Dr Amitav Banerjee, MD*  When Mahatma Gandhi on invitation from Buckingham Palace was invited to have tea with King George V, he was asked, “Mr Gandhi, do you think you are properly dressed to meet the King?” Gandhi retorted, “Do not worry about my clothes. The King has enough clothes on for both of us.”

Why it's only Modi ki guarantee, not BJP's, and how Varanasi has seen it up-close

"Development" along Ganga By Rosamma Thomas*  I was in Varanasi in this April, days before polling began for the 2024 Lok Sabha elections. There are huge billboards advertising the Member of Parliament from Varanasi, Prime Minister Narendra Modi. The only image on all these large hoardings is of the PM, against a saffron background. It is as if the very person of Modi is what his party wishes to showcase.

Joblessness, saffronisation, corporatisation of education: BJP 'squarely responsible'

Counterview Desk  In an open appeal to youth and students across India, several student and youth organizations from across India have said that the ruling party is squarely accountable for the issues concerning the students and the youth, including expensive education and extensive joblessness.

Following the 3000-year old Pharaoh legacy? Poll-eve Surya tilak on Ram Lalla statue

By Sukla Sen  Located at a site called Abu Simbel in Nubia, Upper Egypt, the eponymous rock temples were created in 1244 BCE, under the orders of Pharaoh Ramesses II (1303-1213 BC)... Ramesses II was fond of showcasing his achievements. It was this desire to brag about his victory that led to the planning and eventual construction of the temples (interestingly, historians say that the Battle of Qadesh actually ended in a draw based on the depicted story -- not quite the definitive victory Ramesses II was making it out to be).

Poll promises: Political parties 'playing down' need to retrieve and restore adivasi land

By Palla Trinadha Rao*  The Scheduled Tribes population of 10.43 crore constitutes 8.6% of the population in the country inhabiting 26 States and 6 Union Territories. Parliament elections along with Assembly elections in some states have been notified this year.

India's "welcome" proposal to impose sin tax on aerated drinks is part of to fight growing sugar consumption

By Amit Srivastava* A proposal to tax sugar sweetened beverages like tobacco in India has been welcomed by public health advocates. The proposal to increase sin taxes on aerated drinks is part of the recommendations made by India’s Chief Economic Advisor Arvind Subramanian on the upcoming Goods and Services Tax (GST) bill in the parliament of India.