A ghost Oped that wasn't published...Aug 2013
(now that public hearing for Mahan Coal Ltd is scheduled for next Monday...)
History will never forgive us if we let rights of the tribals continue to be rigged in favour of a chosen few
The enactment of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act of 2006 – or simply, the Forest Rights Act (FRA) – has been hailed as a milestone in the history of empowerment of tribals and other forest-dwelling communities in the country. This legislation was needed to correct the historical injustice done to those who have been living in the forests for generations but whose rights could not be recorded earlier, and to provide for a framework for granting the rights so vested. However, it is lamentable that the landmark legislation has failed to benefit a majority of those communities it intends to serve even after a lapse of more than six years. This goes against our professed adherence to the rule of law.
In fact, the Forest Rights Act is being observed more in its breach. That is one of the reasons why the union government constituted a high-level committee (HLC) on August 14, 2013, with a mandate to prepare a position paper on the socio-economic conditions and suggest remedial measures for the development of these communities in furtherance to our commitment to inclusive growth. I have often brought violations of FRA to the notice of various state governments from time to time. The latest one to come to my notice is regarding the rights of the tribals of Mahan villages in Singrauli district of Madhya Pradesh, where 967.65 hectare of forest land is proposed to be given for miningcoal. In 2006, the Ministry of Coal had allocated Mahan coal-block for captive use of Mahan Coal Limited, a joint venture of Essar and Hindalco, to meet the requirement of their proposed power plants – 1200 MW plant by Essar and 650 MW plant by Hindalco.
The process of settling the rights under FRA remains inadequate and incomplete in the area. Not a single “community forest right” has been granted in the entire Singrauli district where there are a large number of proposed forest land diversions for non-forest use. The forests of Mahan are one of the oldest and largest Sal forests of Asia. TheMahan coal-block houses a sizeable tribal population, which includes Kahairwar, Panike, Kol, Baiga, Gond and Agaria who are all dependent on the Mahan forests for their livelihood.
According to 2001 census, there are 14,190 people from 14 villages who are dependent on these forests. The villages include Jamghadi, Budher, Sugga, Lamidha, Devri, Bandha, Tenduah, Pidharwa, Karmatola, Ammelia, Suhira, Bandhaura and Semuah. The tribals number 5,650, which makes it a substantial portion of the population. In fact, Sugga has 95 percent, Pidharwa 64 percent, Budher 63 percent and Jamghari 57 percent of tribal population.
These villages scout and collect seasonal minor forest produce (MFP) such as mahua, tendu, karanj, chaar, firewood for cooking and many others for their survival. These MFPs are essentially sold through local contractors and are a very significant source of their livelihood.
The Mahan coal-block has been given environment clearance (Dec 23, 2008) and Stage-I (or “in-principle”) forest clearance (Oct 30, 2012), but not the Stage –II (or final) forest clearance, after which the mining activities can begin. The “in-principle” forest clearance comes with 36 conditions, one of which is a mandatory implementation of FRA. As per the MoEF’s “binding guideline” of August 3, 2009, the “application for diversion under the Forest Conservation Act would be considered only after all due process contained in the Scheduled Tribe and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, have been fully and satisfactorily completed”. In spite of this, the state government and the Ministry of Environment and Forests (MoEF) have turned a deaf ear to the pleas of the tribal and non-tribal communities living in the region and are using coercion and fraud to achieve their end. There seems a strong nexus between the company and state authorities which is leading to a large scale violation of forest rights.
The aggrieved villagers met me recently and apprised me of the ground realities. I was told that on August 15, 2012, the villagers of Ammelia and Suhira came together at their respective Gram Sabhas to pass a resolution on their “community forest rights”, which was scuttled by the “goons” of Mahan Coal Limited along with the state administration representatives. The villagers submitted a written complaint to the Collector on August 16, 2012, asking for a “free and fair” Gram Sabha and strict action against the culprits. None has been done.
On the contrary, the administration held a special Gram Sabha on FRA on March 6, 2013 in Ammelia village, which was attended by 184 people. I am told that on the same evening the area Tehsildar, along with policemen, went around the village forcing people to sign a resolution. After repeated efforts, when the community members finally manage to get the Gram Sabha resolution through RTI, they were shocked to learn that the resolution not only favoured the company and its mining plans, it carried the signature of 1,1074 people, including some who did not even attend the said Gram Sabha.
In such circumstances, granting Stage-II (or final) forest clearance to the Mahan coal-block will be a complete breach of the legal requirements of FRA and the requirement of the consent of the Gram Sabha before commencing mining activity. My esteemed cabinet colleague Shri Jairam Ramesh had, based on the inputs from Forest Advisory Committee, declined forest clearance to the Mahan coal-block in 2011 when he was in charge of MoEF. He had even offered alternative coal linkages for the two power plants. However, subsequently Essar and Hindalco have managed to wrest Stage-I forest clearance for the Mahan block.
I have brought these facts to the notice of the Chief Minister and Governor of the state and hope corrective measures will be taken before the forest is finally handed over for mining. For the benefit of the state government, and MoEF, I would like to remind that the very Statement of Objects and Reasons of FRA states that the purpose of the legislation is to grant “a secure and inalienable right to those communities whose right to life depends on the right to forests” by giving them a “permanent stake” in the forests.
Let us recall the wise words spoken by our Prime Minister Dr Manmohan Singh at the conference of Chief Ministers and State Ministers for tribal/social welfare and forest, in New Delhi on November 4, 2009: “The development of our tribal areas and improvement in the economic and social condition of our tribal populations is fundamentally linked to our concept of inclusive growth. We cannot have equitable growth without guaranteeing the legitimate rights of these eventually marginalized and isolated sections of our society. In a broader sense, we need to empower our tribal communities with the means to determine their own destinies, their livelihood, their security and above all their dignity and self-respect as equal citizens of our country, as equal participants in the processes of social and economic development.”
FRA is an effective instrument to achieve that Idea of New India. We can undermine it only at our own peril.
(now that public hearing for Mahan Coal Ltd is scheduled for next Monday...)
History will never forgive us if we let rights of the tribals continue to be rigged in favour of a chosen few
The enactment of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act of 2006 – or simply, the Forest Rights Act (FRA) – has been hailed as a milestone in the history of empowerment of tribals and other forest-dwelling communities in the country. This legislation was needed to correct the historical injustice done to those who have been living in the forests for generations but whose rights could not be recorded earlier, and to provide for a framework for granting the rights so vested. However, it is lamentable that the landmark legislation has failed to benefit a majority of those communities it intends to serve even after a lapse of more than six years. This goes against our professed adherence to the rule of law.
In fact, the Forest Rights Act is being observed more in its breach. That is one of the reasons why the union government constituted a high-level committee (HLC) on August 14, 2013, with a mandate to prepare a position paper on the socio-economic conditions and suggest remedial measures for the development of these communities in furtherance to our commitment to inclusive growth. I have often brought violations of FRA to the notice of various state governments from time to time. The latest one to come to my notice is regarding the rights of the tribals of Mahan villages in Singrauli district of Madhya Pradesh, where 967.65 hectare of forest land is proposed to be given for miningcoal. In 2006, the Ministry of Coal had allocated Mahan coal-block for captive use of Mahan Coal Limited, a joint venture of Essar and Hindalco, to meet the requirement of their proposed power plants – 1200 MW plant by Essar and 650 MW plant by Hindalco.
The process of settling the rights under FRA remains inadequate and incomplete in the area. Not a single “community forest right” has been granted in the entire Singrauli district where there are a large number of proposed forest land diversions for non-forest use. The forests of Mahan are one of the oldest and largest Sal forests of Asia. TheMahan coal-block houses a sizeable tribal population, which includes Kahairwar, Panike, Kol, Baiga, Gond and Agaria who are all dependent on the Mahan forests for their livelihood.
According to 2001 census, there are 14,190 people from 14 villages who are dependent on these forests. The villages include Jamghadi, Budher, Sugga, Lamidha, Devri, Bandha, Tenduah, Pidharwa, Karmatola, Ammelia, Suhira, Bandhaura and Semuah. The tribals number 5,650, which makes it a substantial portion of the population. In fact, Sugga has 95 percent, Pidharwa 64 percent, Budher 63 percent and Jamghari 57 percent of tribal population.
These villages scout and collect seasonal minor forest produce (MFP) such as mahua, tendu, karanj, chaar, firewood for cooking and many others for their survival. These MFPs are essentially sold through local contractors and are a very significant source of their livelihood.
The Mahan coal-block has been given environment clearance (Dec 23, 2008) and Stage-I (or “in-principle”) forest clearance (Oct 30, 2012), but not the Stage –II (or final) forest clearance, after which the mining activities can begin. The “in-principle” forest clearance comes with 36 conditions, one of which is a mandatory implementation of FRA. As per the MoEF’s “binding guideline” of August 3, 2009, the “application for diversion under the Forest Conservation Act would be considered only after all due process contained in the Scheduled Tribe and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006, have been fully and satisfactorily completed”. In spite of this, the state government and the Ministry of Environment and Forests (MoEF) have turned a deaf ear to the pleas of the tribal and non-tribal communities living in the region and are using coercion and fraud to achieve their end. There seems a strong nexus between the company and state authorities which is leading to a large scale violation of forest rights.
The aggrieved villagers met me recently and apprised me of the ground realities. I was told that on August 15, 2012, the villagers of Ammelia and Suhira came together at their respective Gram Sabhas to pass a resolution on their “community forest rights”, which was scuttled by the “goons” of Mahan Coal Limited along with the state administration representatives. The villagers submitted a written complaint to the Collector on August 16, 2012, asking for a “free and fair” Gram Sabha and strict action against the culprits. None has been done.
On the contrary, the administration held a special Gram Sabha on FRA on March 6, 2013 in Ammelia village, which was attended by 184 people. I am told that on the same evening the area Tehsildar, along with policemen, went around the village forcing people to sign a resolution. After repeated efforts, when the community members finally manage to get the Gram Sabha resolution through RTI, they were shocked to learn that the resolution not only favoured the company and its mining plans, it carried the signature of 1,1074 people, including some who did not even attend the said Gram Sabha.
In such circumstances, granting Stage-II (or final) forest clearance to the Mahan coal-block will be a complete breach of the legal requirements of FRA and the requirement of the consent of the Gram Sabha before commencing mining activity. My esteemed cabinet colleague Shri Jairam Ramesh had, based on the inputs from Forest Advisory Committee, declined forest clearance to the Mahan coal-block in 2011 when he was in charge of MoEF. He had even offered alternative coal linkages for the two power plants. However, subsequently Essar and Hindalco have managed to wrest Stage-I forest clearance for the Mahan block.
I have brought these facts to the notice of the Chief Minister and Governor of the state and hope corrective measures will be taken before the forest is finally handed over for mining. For the benefit of the state government, and MoEF, I would like to remind that the very Statement of Objects and Reasons of FRA states that the purpose of the legislation is to grant “a secure and inalienable right to those communities whose right to life depends on the right to forests” by giving them a “permanent stake” in the forests.
Let us recall the wise words spoken by our Prime Minister Dr Manmohan Singh at the conference of Chief Ministers and State Ministers for tribal/social welfare and forest, in New Delhi on November 4, 2009: “The development of our tribal areas and improvement in the economic and social condition of our tribal populations is fundamentally linked to our concept of inclusive growth. We cannot have equitable growth without guaranteeing the legitimate rights of these eventually marginalized and isolated sections of our society. In a broader sense, we need to empower our tribal communities with the means to determine their own destinies, their livelihood, their security and above all their dignity and self-respect as equal citizens of our country, as equal participants in the processes of social and economic development.”
FRA is an effective instrument to achieve that Idea of New India. We can undermine it only at our own peril.
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