Why Is The Tribal Panel Upset With The Environment Ministry Over Forest Rights?

The National Commission for Scheduled Tribes has raised concerns over the Forest (Conservation) Rules (FCR) 2022 which was notified by the Ministry of Environment, Forests and Climate Change in June 2022. National Commission for Scheduled Tribes (NCST) is of the opinion that newly notified rules are in violation of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 or the Forest Rights Act (FRA).

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Forest (Conservation) Rules (FCR) 2022 and NCST:

• Forest (Conservation) Rules, 2022 notified by the environment ministry prescribe a procedure for the diversion of forest land for non-forest purposes such as infrastructure development.
• Forest (Conservation) Rules, 2022 make provision for the implementation of the Forest Conservation Act (FCA), 1980
• The new rules also need to mention the status of tribals and other forest-dwelling communities whose land has been diverted for developmental projects.
• According to NCST the newly notified is in violation of the forest rights act 2006 since it does not explicitly mention obtaining clearance from local tribal people and other traditional forest dwellers of the area before progressing to stage 1 clearance.
• The previous rules which were notified in 2014 and 2017 included a clause that mandated obtaining permission from local tribal people and other traditional forest dwellers of the area even before progressing to stage 1 clearance.
• The new rules allow the entities to go for the consent of locals after stage 1 or stage 2 clearance.
• Thus the new rules according to NCST are in conflict with the Forest Rights act 2006.

Read more on Forest Conservation Rules 2022

Working group set up by NCST:

• NCST set up a working group after notification of FCR 2022 to monitor the implementation of the forest rights act 2006 and to make recommendations to union and state governments.
• Findings of the working group concluded that the new FCR violated the rights of Scheduled Tribes and other traditional forest dwellers (OTFDs) since it violated Forest Rights Act 2006.
• FRA 2006 prioritizes ST and other traditional forest dwellers (OTFDs) rights over any other party in case of a dispute over forest land.
• In this context, NCST asked the government to put on hold the FCR 2022 and revive old rules and strengthen consent clauses.
• NCST also pointed out that after stage 1 clearance the applicant would have invested a lot and would be interested in diverting the land only.
• The working group also found that the compliance level was low even with old rules also. It also cited a study by the Centre for Environment and Development, ATREE and noted that out of the 128 applications for the diversion of forest land, none of the rejected applications was under FRA 2006.

Government Response:

• The government insisted that FCR 2022 does not violate FRA 2006 since FCR 2022 was issued under Forest (Conservation) Act, 1980 and its procedure runs parallel to FRA 2006.
• The government also said that there is no legal basis for NCST’s concern over FCR 2022 violating FRA 2006.

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