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LATEST NEWS UPDATES | New norms do not flout Forest Rights Act, says Jairam by Nitin Sethi

New norms do not flout Forest Rights Act, says Jairam by Nitin Sethi

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published Published on Feb 15, 2011   modified Modified on Feb 15, 2011
Environment minister Jairam Ramesh tied himself in knots on Monday to defend the guidelines his ministry had issues on turning national parks and sanctuaries into inviolate critical wildlife habitats, bypassing provisions of the Forest Rights Act. Even as his statement contradicted the guidelines issued by the environment ministry on February 8, Ramesh defended them claiming that `news reports' against the fresh set of rules were `misleading'.

TOI had reported how the guidelines meant to classify national parks and sanctuaries as critical wildlife habitats under the FRA in order to make them `inviolate' -- free of people -- were in violation of the Act. The Act requires the government to give scientific proof that these 600 national parks and sanctuaries are really impacted by human presence. The law requires the government to do so with the consent of the affected gram sabha and relocate people if the proof is accepted and the village council agrees to move out. The rules also require that the people be given alternative livelihoods.

While these national parks and sanctuaries have been created since 1986 the rights of people have not been finally settled in a majority of them till date.

The guidelines by the ministry on February 8 went beyond the law in asking foresters to demarcate not just the protected areas but even fresh forest areas as critical wildlife habitats. Ramesh's clarification said this would not be done but the minister did not order a change in the guidelines, which would legally continue to be in force unless he has them modified.

The minister in his clarification stated that the exercise was to be carried out with consent of the affected people, but the guidelines require the foresters to continue demarcation and send proposals for declaration of such no-man zones even as consultations with people continue on ground. The guidelines do not mention the need for consent at all.

The guidelines also bypass the people in the process of identifying such inviolate zones and leaves it to foresters and its appointed experts.

The consultations, under the guidelines, are limited to how relocation should be done and even there the Centre offers a fixed package of Rs 10 lakh per family or equivalent in terms of amenities and land.

The guidelines ask foresters to move people out in parts and parcels and not get the consent of the village council for such relocation of its people -- as is required under the FRA.

The guidelines have also diluted the need for having concrete scientific proof of how people's presence is adversely impacting the wildlife in forests by simply asking the forest department to attach only `details' of the impact of human presence while they send their proposals up without consent of the affected people.

The Times of India, 15 February, 2011, http://timesofindia.indiatimes.com/home/environment/developmental-issues/New-norms-do-not-flout-Forest-Rights-Act-says-Jairam/articleshow/7496832.cms


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