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LATEST NEWS UPDATES | From compulsory consent to no consultation: How the government diluted Adivasi rights to forestlands -Kumar Sambhav Shrivastava

From compulsory consent to no consultation: How the government diluted Adivasi rights to forestlands -Kumar Sambhav Shrivastava

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published Published on Mar 14, 2018   modified Modified on Mar 14, 2018
-Scroll.in

First it refused to make consent of forest dwellers mandatory for growing plantations on their lands, now it breaks the promise of even consulting them.

The Ministry of Environment, Forests and Climate Change has drafted new rules that dilute the rights of Adivasis and other forest dwellers to independently decide how their traditional forestlands are used.

The new rules, formulated in February, give the forest bureaucracy across the country the power to grow plantations on the traditional lands of Adivasis and other forest dwellers without their prior consent or even consultation in most cases.

In only some instances would forest officials need to consult the community, and even then their views would not be binding.

The rules are meant to operationalise the Compensatory Afforestation Fund Act, 2016, which regulates how an existing fund of Rs 50,000 crore and future annual flows of Rs 6,000 crore would be used by forest officials to grow plantations. Some of the money is to be used for other forest and wildlife conservation activities.

The draft rules militate against an assurance the government had given to Parliament when the Act was passed. Anil Madhav Dave, then environment minister, had assured that the rules would ensure Adivasis and other forest dwellers are at least consulted before the forest department uses their lands. The assurance itself was a step down from what the law requires – explicit prior informed consent – but the opposition, led by the Congress, settled for the environment minister’s assurance after hectic backroom negotiations with the ruling Bharatiya Janata Party.

Now, even this assurance has been breached. The environment ministry did not respond to Scroll.in’s queries about the new rules.

Violating rights?


The Compensatory Afforestation Fund Act is meant to regulate the spending of a large fund collected annually from industries that chop down forests to set up their projects. The fund, collected since 2006, stands at around Rs 50,000 crore now. An average of Rs 6,000 crore is expected to accrue to it every year. Most of this money is to be spent on afforestation and plantations and some on other conservation-related works.

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Scroll.in, 10 March, 2018, https://scroll.in/article/871191/from-compulsory-consent-to-no-consultation-how-the-government-diluted-adivasi-rights-to-forestlands


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