"Take away" gram sabhas' rights in diverting forest land for irrigation, gas pipeline, transmission line projects

By Our Representative
Over and above seeking to solicit "utmost complete faith" in the corporate sector in providing environmental clearance, the Report of the High Level Committee on Forest and Environment Related Laws, formed by the Union ministry of environment and forests (MoEF), has asked the Government of India to scale down the role of the gram sabhas in diverting forest land. Released last week, the report, whose copy is with Counterview, says that the “provisions of forest rights Act (FRA), which make it mandatory to seek the approval of gram sabha, should be amended.”
Headed by former Union Cabinet secretary TSR Subramanian – and consisting of Vishwanath Anand, former secretary, Government of India; Bishwanath Sinha, joint secretary, ministry of forests and environment; member-secretary, Gujarat Pollution Control Board (GPCB), Hardik Shah; retired judge of the Delhi High Court Justice AK Srivastava; and senior advocate of the Supreme Court KN Bhat – the committee, interestingly, did not have even one well-known environmentalist.
The need to amend the FRA, the committee said, is necessary to ensure implementation of what are called “linear projects”, including transportation lines, gas pipelines, irrigation canals, and transmission lines, which “are generally for the benefit of the community at large”. By setting aside the gram sabha approval, it added, will be possible for such projects to be implemented on a "priority" basis.
The further said, the diversion of forest land for linear projects “should be appraised through a special cell” to be set up under the National Environment Management Authority (NEMA) (or the State Environmental Management Authority (SEMA)” at the state level in order to “fast-track” these. The committee provides concessions in the “core area of forests and wildlife protected areas”, too. Saying that approvals should not “ordinarily be given for construction of any projects, including linear projects”, it said, there should be “exceptions” such as “re-laying of the existing roads.”
As for the rest of the forest areas, it explained, “In the matters of forest land diversion where the rights under FRA have not been settled and a proposal for linear project is considered for approval, the committee recommends that the provisions of FR Act which make it mandatory to seek the approval of gram sabha should be amended to dispense with this condition in general to ensure that the benefit of such linear projects are available to the recipient population.”
Interestingly, the committee does not seek to provide autonomy to the new authorities it has proposed, e NEMA or SEMA. It said, “In the context of paragraph 7.14 (xiii) as to whether NEMA ought to have final authority to confer approvals, or should refer their findings for a final decision to the MoEF, the committee considered the matter in depth. It was noted that the mandate for implementing the environmental laws, and by implication give environment/ forest approvals has been conferred by the Parliament to the Executive, in this case represented by MoEF.”
It added, “While all technical aspects of an application/ proposal for clearance would be examined on merits by the NEMA, it was felt that the final approval or rejection powers should be retained by the MoEF. This is because there may be many other factors, relating to relationship with neighbouring countries, need to address regional disparity issues, dealing with areas and regions with special problems and issues, and need to take national security issues into account etc.”
The committee underlined, “The NEMA may not always be privy to such considerations; besides the GoI may not also like to share sensitive information in some instances with subordinate formations. Taking these factors into account, the committee felt that the authority for final decision should be with the MoEF, with the proviso that specific reasons need to be assigned when the Ministry disagrees with the findings/ recommendations of the NEMA in a particular instance.”
Referring to the need to amend the Environmental Impact Assessment (EIA) Notification, 2006, the committee said, “The condition on the ownership and the physical possession of the land by the project proponent at the time of submission of application should be dispensed with, and be replaced as the ownership and possession before the construction or enabling activity thereof is started..”

It added, “However, the responsibility for acquiring the land should remain that of the project proponent and the Government shall remain indemnified for any liability on account of acts of the project proponent in this regard.”
---
Click HERE to download the full report

Comments

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.

Modi win may force Pak to put Kashmir on backburner, resume trade ties with India

By Salman Rafi Sheikh* When Narendra Modi returned to power for a second term in India with a landslide victory in 2019, his government acted swiftly. Just months after the election, the Modi government abrogated Article 370 of the Constitution of India. In doing so, it stripped the special constitutional status conferred on Jammu and Kashmir, India’s only Muslim-majority state, and downgraded its status from a state with its own elected assembly to a union territory administered by the central government in Delhi.

'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.

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).

Tyre cartel's monopoly: Farmers' groups seek legal fight for better price for raw rubber

By Our Representative The All India Kisan Sabha and the Kerala Karshaka Sangham that represents the largest rubber producing state of Kerala along with rubber farmers have sought intervention against the monopoly tyre companies that have formed a cartel against the interests of consumers and farmers. Vijoo Krishnan, AIKS General Secretary, Valsan Panoli, Kerala Karshaka Sangham General Secretary, and four farmers representing different rubber growing regions of Kerala have filed an intervention application in the Supreme Court.

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.

Counterview

Search This Blog