Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 150
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Deprecated (16384): The ArrayAccess methods will be removed in 4.0.0.Use getParam(), getData() and getQuery() instead. - /home/brlfuser/public_html/src/Controller/ArtileDetailController.php, line: 151
 You can disable deprecation warnings by setting `Error.errorLevel` to `E_ALL & ~E_USER_DEPRECATED` in your config/app.php. [CORE/src/Core/functions.php, line 311]
Warning (512): Unable to emit headers. Headers sent in file=/home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php line=853 [CORE/src/Http/ResponseEmitter.php, line 48]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 148]
Warning (2): Cannot modify header information - headers already sent by (output started at /home/brlfuser/public_html/vendor/cakephp/cakephp/src/Error/Debugger.php:853) [CORE/src/Http/ResponseEmitter.php, line 181]
LATEST NEWS UPDATES | Consent of tribal and forest-dwellers not required to decide on diversion of forest land: Environment Ministry -Urmi Goswami

Consent of tribal and forest-dwellers not required to decide on diversion of forest land: Environment Ministry -Urmi Goswami

Share this article Share this article
published Published on Apr 30, 2015   modified Modified on Apr 30, 2015
-The Economic Times

NEW DELHI: The environment ministry has said the consent of tribal and forest-dwelling populations isn't necessary before deciding on diversion of forest land for projects, possibly putting the government on a collision course with the Supreme Court.

The ministry's move seems to ignore the court's April 2013 order making it mandatory to obtain such consent before diverting forest land. It also seems to infringe upon the authority of the ministry of tribal affairs by making changes to the Forest Rights Act, 2006.

The tribal affairs ministry has rejected the draft prepared by the environment ministry on substantive issues, and described the exercise as "an encroachment upon the jurisdiction of the judiciary" for disregarding "binding judicial precedent and directions" and that of the "legislature... as it is contrary to the scope and meaning of the provisions of the Forest Rights Act, the Forest Rights Rules and Guidelines framed thereunder."

According to the environment ministry, compliance with the Forest Rights Act is to be considered only when the central government decides to approve the diversion of forests. The ministry has adopted the fait accompli approach--making the settling of the rights of the forest dwelling and tribal population and their consent to the diversion something of an afterthought.

It also makes a distinction between scheduled and non-scheduled areas-—something that the Forest Rights Act does not make, a conscious decision by Parliament when the law was enacted. In its effort to speed up forest clearances for projects, the government has cited a December 2012 report prepared by a UPA government panel headed by the then principal secretary to the prime minister Pulok Chatterjee.

The recommendation of the report, which couldn't be completely adopted by the UPA government, diluted the requirement of taking consent from the affected tribal population before diverting forest land. For all practical purposes, the Chatterjee panel allowed the forest clearance process to bypass the gram sabhas or village assemblies, the basic units for implementation of the Forest Rights Act.

Minutes of a meeting held by top PMO officials in mid-January refer to the Chatterjee panel's report, describing it as "unanimous" and "approved at the highest level". In light of this, the PMO asked the environment ministry to draft a forest clearance process.

The Economic Times, 29 April, 2015, http://economictimes.indiatimes.com/news/politics-and-nation/consent-of-tribal-and-forest-dwellers-not-required-to-decide-on-diversion-of-forest-land-environment-mi


Related Articles

 

Write Comments

Your email address will not be published. Required fields are marked *

*

Video Archives

Archives

share on Facebook
Twitter
RSS
Feedback
Read Later

Contact Form

Please enter security code
      Close