C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed...

42
………C. R Bijoy Kotagiri, Tamilnadu 14 May 2017

Transcript of C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed...

Page 1: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

………C. R Bijoy

Kotagiri, Tamilnadu 14 May 2017

Page 2: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Fifth Schedule Constitutional safeguards

Report by Governor to President regarding administration. (Clause 3)

Tribal Advisory Council (TAC) to advise Governor. (Clause 4)

Direction by Governor regarding Central/State Act not to apply or to apply with modification. (Clause 5)

Union to give directions to the States as to administration of Scheduled Areas (clause 3)

Page 3: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

State-wise no. of Districts in PESA States

State Number of districts

fully covered

Number of districts

partly covered

Andhra Pradesh

including Telengana

- 9

Chhattisgarh 7 8

Gujarat 4 7

Himachal Pradesh 2 1

Madhya Pradesh 4 13

Maharashtra - 12

Odisha 6 6

Jharkhand 12 3

Rajasthan 2 3

TOTAL 37 62

Page 4: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Provisions in PESA

PESA

In consonance with the customary law, social and religious

practices and traditional

management practices of community resources

[Sec.4(a)]

A village: A habitation or a group

of habitations or a hamlet or a group of

hamlets [Sec.4(b)]

Ensure that Panchayats at the higher level do not assume the powers and

authority of any Panchayat at the lower level or of the Gram Sabha

[Sec.4(n)]

Follow the pattern of the Sixth

Schedule at the district level

[Sec. 4(0)]

Page 5: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Provisions in PESA

GRAM SABHA

Safeguard and preserve

traditions

[Sec. 4(d)]

Safeguard and preserve

community resources

[Sec. 4(d)]

Safeguard and preserve customary

mode of dispute resolution

[Sec. 4(d)]

Approve GP plans, programmes and projects for social

and

economic development

[Sec. 4(e)(i)] Identify

beneficiaries

[Sec. 4(e)(ii)]

Issue Utilisation Certificates to

Panchayats

[Sec. 4(f)]

Page 6: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Provisions in PESA

GRAM SABHA or PANCHAYATS

Right to mandatory consultation in land

acquisition

[Sec. 4(i)]

Right to mandatory consultation in Resettlement

& Relocation

[Sec. 4(i)]

Right to recommend prospecting

licenses/leases for minor minerals [Sec.4(k)]

Right to recommend for grant of

concession for minor minerals [Sec.4(l)]

Page 7: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Provisions in PESA

GRAM SABHA and

PANCHAYATS Regulate

sale/consumption of intoxicants [Sec.4(m)(i)]

Ownership of minor forest produce [Sec.4(m)(ii)]

Prevent land alienation and restore alienated

land

[Sec.4(m)(iii)]

Manage village markets

[Sec.4(m)(iv)] Control over money lending to STs

[Sec.4(m)(v)]

Control over institutions and

functionaries in social sector

[Sec.4(m)(vi)]

Control over local plans and resources

[Sec.4(m)(vii)]

Page 8: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Provisions in PESA

PANCHAYATS

Planning and management of minor water bodies to

Panchayats at the appropriate level

[Sec. 4(j)]

Page 9: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

PESA and State Panchayati Raj Acts and Subject laws

States

An

dh

ra

Pra

des

h

Ch

hatt

isgarh

Gu

jara

t

Him

ach

al

Pra

des

h

Jh

ark

han

d

Mad

hya

Pra

des

h

Mah

ara

shtr

a

Od

ish

a

Raja

sth

an

Tel

engan

a

Sta

te P

an

chayati

Raj

Act

wh

eth

er c

om

pli

an

t w

ith

(Sec

tion

4 o

f P

ES

A)

d: Safeguard traditions and customs of the people Y Y Y Y Y Y Y Y Y Y

e: Approve Plan, programme and projects Y Y Y Y Y Y Y Y Y Y

f: Certification of utilisation of funds Y Y Y Y Y Y Y Y Y Y

h: Nomination of STs Y Y Y Y Y Y Y Y Y Y

i: Consultation before land acquisition and for settlement/rehabilitation Y Y Y Y N Y Y Y Y Y

j: Minor water bodies Y Y Y Y N Y Y Y Y Y

k: Prospecting licence for minor minerals Y Y Y Y N Y Y Y Y Y

l: Concession for minor minerals Y Y Y Y N Y Y Y Y Y

m

i: Consumption of any intoxicant Y Y N Y N N Y Y Y Y

ii: Ownership of minor forest produce Y N Y Y N N Y Y Y Y

iii: Prevent land alienation & restore alienated land Y Y Y Y N N Y Y Y Y

iv: Manage village markets Y Y Y Y Y Y N Y Y Y

v: Control over money lending Y N Y Y N N Y Y Y Y

vi: Control over institutions/functionaries in social sectors Y Y Y Y Y Y Y Y Y Y

Page 10: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

PESA and State Panchayati Raj Acts and Subject laws

States

An

dh

ra P

rad

esh

Ch

ha

ttis

ga

rh

Gu

jara

t

Him

ach

al

Pra

des

h

Jh

ark

ha

nd

Ma

dh

ya

Pra

des

h

Ma

ha

rash

tra

Od

ish

a

Ra

jast

ha

n

Tel

eng

an

a

Co

mp

lia

nce

of

Imp

ort

an

t

Su

bje

ct L

aw

s w

ith

PE

SA

Land Acquisition N Y Y Y N Y N N N N

Excise N Y Y Y N Y N Y N N

Forest Produce N N N Y Y N Y Y N N

Mines & Minerals N Y Y Y N Y N Y Y N

Village Market N Y Y N N Y N N N N

Money Lenders N Y Y N N N N Y Y N

Page 11: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

PESA: A Reality Check Operationalising the Law

Rules to operationalise the law– status

Notified in Himachal Pradesh, Andhra Pradesh (incl. Telengana),

Rajasthan in 2011; Maharashtra in 2014

Not notified in Madhya Pradesh, Chhattisgarh, Gujarat, Odisha and

Jharkhand

June 14, 2016: Maharashtra Governor under para 5 of Fifth Schedule

issues notification amending Sec.l36 A of the Maharashtra Revenue

Code, 1966 preventing the Collector from sanctioning transfer of land

from tribal to non-tribal without the previous sanction of the Gram

Sabha

Page 12: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

PESA: A Reality Check Operationalising the Law

No State formulated the Sixth Schedule pattern at the District level nor has

the Centre

The Sixth Schedule pattern exist in the Tribal Areas 3 in Assam, 3 in

Meghalaya, 3 in Mizoram and 1 in Tripura

Autonomous Councils also constituted under State legislations - 6 in

Assam, 5 in Manipur and 1 in Jammu & Kashmir

Page 13: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Whither Municipal Law in Scheduled Areas The Missing Law

2001: The Provisions of the Municipalities (Extension to the

Scheduled Areas) Bill introduced in Rajya Sabha; referred to Parliamentary standing committee for discussion

2003: Parliamentary standing committee submits its report

2010: MESA Bill last enlisted for discussion in the monsoon session in 2010. Since then, it has not appeared in the list of business

Panchayat areas in Scheduled Areas upgraded to municipal

areas taking them out of the purview of PESA

About 181-200 municipalities functioning unconstitutionally in scheduled areas

Page 14: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act of 2013 (LARR)

No acquisition in Scheduled Areas as far as possible

Prior consent of Gram Sabha; where they do not exist Panchayats or the ADCs

Development plan + settling rights including restoration of alienated land + alternative fuel, fodder and NTFP resource in non-forest lands within 5 years

1/3 of compensation to be paid as first installment; rest after taking over the land

Resettlement preferably within the same Scheduled Area in a compact block; if not addition of 25 percent plus Rs. Fifty thousand

If resettled outside Scheduled Area/Tribal Area, then all rights/ entitlements are to be extended to that area

Provision of land for community and social gathering

Page 15: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Recognizing Customary Tenure Systems Scheduled Tribes and Other Traditional Forest Dwellers (Recognition

of Forest Rights) Act 2006; Rules notified in 2008.

Applies to - All forest land: "land of any description falling within any forest area" and includes unclassed forests, undemarcated forests, existing or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves

Potential: At least 150 m forest dwellers in over 170,000 villages with a minimum of 40 m ha

55,57,523.08 ha recognized in 17,90,624 titles out of 41,65,395 claims (42.99 %) filed on February 2017

transfer of power over part of the forest to Gram Sabha opening up a new era of forest and livelihood governance

a new people-based and people centered institutional mechanism (GS-SDLC-DLC-SLMC) of forest governance

provides space for a dynamic decision making to constantly seek and improvise solutions instead of the mostly failed straight-jacketed one-size-fits-all command-and-control solutions

Page 16: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006

COMMUNITY RIGHTS Non Timber

Forest Produce

Water bodies, fisheries etc

Grazing

Seasonal resource

access

Access to biodiversity Intellectual

property rights

Traditional knowledge

Cultural diversity

Habitat

Page 17: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006

INDIVIDUAL RIGHTS Self Cultivation

up to 4 ha

Habitation

Restoration of Titles, Grant or Lease

Disputed Lands

Alternate Land in situ Rehabilitation

Government acquired land not

used within 5 years after displacement

without Compensation

Page 18: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006

DEVELOPMENT

School

Anganwadi (supplementary nutrition

and health care to children and mothers)

Electricity / Telecommunication

Drinking Water Supply / Water Pipe Lines

Non-Conventional Energy

Roads

RIGHTS

Dispensary / Hospital

Fair Price Shops

Tanks/ Minor Water Bodies

Minor irrigation Canals

Vocational Training/Skill Upgradation Centre

Community Centre

Water or Rainwater Harvesting Structures

Page 19: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

FRA potential and actual recognition Minimum

potential area to

be recognized

(in hectares)

No of

Number of

claims

Number of

titles

distributed up

to 28.02.2017

Extent of

forest land

for which

title deeds

issued (in

hectares)

Actual area

recognized

No. of

claims

rejected

No. of

claims

disposed off

400,00,000 # 41,65,395

(40,26,970

Individual,

1,38,425

Community)

17,90,624

17,27,655

Individual,

62,969

Community)

55,57,523

(16,51,013

Individual

and

39,06,510

community)

13.9 % of

minimum

potential area

18,47,071

(44.34 % of

total claims

and 50.78 %

of the total

disposed

off)

36,37,695

(87.33 %)

# Ministry of Environment and Forests 2009. Asia-Pacific Forestry Sector Outlook Study II: India Country Report. Working

Paper No.APFSOS II/WP/2009/06, Bangkok: FAO, p 72 accessible at http://www.fao.org/docrep/014/am251e/am251e00.pdf

Page 20: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

FRA potential and actual recognition in

States with Scheduled Area

SL.

No State

FRA

Potential

area (ha)

Area

recognised

under FRA as

on

February 2017

(in ha)

Status as

on

February

2017

Per cent

Number of

claims as

on

February

2017

Titles

distribute

d as on

February

2017

1 Andhra Pradesh

25,96,732

2,60,343.99

21.78

1,73,590 87,030

2 Telengana 3,05,192.46 1,86,534 94,215

3 Chhattisagrh 10,03,195 8,89,742.44 88.69 8,69,516 3,86,432

4 Gujarat 12,55,846 5,09,875.04 40.6 1,90,056 83,512

5 Himachal Pradesh 13,90,704 1890 0.14 659 7

6 Jharkhand 19,94,387 58,181.22 2.925 1,02,510 56,181

7 Madhya Pradesh 32,30,528 8,47,937.73 26.25 6,14,718 2,38,842

8 Maharashtra 36,13,880 20,28,677.38 56.14 3,64,358 1,12,646

9 Odisha 23,02,706 3,60,890.67 15.67 6,25,698 4,10,617

10 Rajasthan 25,79,446 22,501.32 0.87 71,203 36,255

Page 21: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006 Inviolate Areas

STATE GOVERNMENT

• Establishes that irreversible damage and threat to species & their habitat (obtaining consent of STs and OTFDs that this is so)

• Concludes no option for co-existence (Obtain consent of STs and OTFDs and in consultation with an ecological and social scientist)

• Shall not be subsequently diverted by State or Central governments

GRAM SABHA

• Free informed consent to resettlement package for secure livelihood for individuals and communities (livelihood only and consent from the affected persons too)

• Relocate only after resettlement package is fully in place

FRA read with read with WLPA amendment 2006

Page 22: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006 Inviolate Areas

49 Tiger Reserves notified under Sec.38 V of the 2006 amendment of the

Wildlife Protection Act 1972

Covering an area of 7,024,400.10 hectares

Core or Critical Tiger Habitat area : 3,966,900.12 hectares

Buffer area : 3,057,400.98 hectares

Notifications do not fulfil provisions under both WLPA and FRA

Relocations too ex: Sariska, Ranthambore, Simlipal, Tadoba, Achanakmar

and Nagarhole Tiger Reserves – in violation of laws

…..and there are already 103 National Parks covering an area of 40,50,013

hectares with overlap with Tiger Reserves…………

Page 23: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006 Institutional Mechanism

Gram Sabha Sub-Divisional

Committee

District Level Committee

Forest Rights Committee

Community Forest Resource Management

Committee

Page 24: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006 Institutional Mechanism

Gram Sabha State Level Monitoring Committee

OFFENCE

Any authority violating any provision is an offence

The accused is to prove innocence

The aggrieved or Gram Sabha to issue notice to State

Level Monitoring Committee for action against the

accused

Action within 60 days

Page 25: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Rights Act 2006 Forest Diversion

STATE GOVERNMENT

• Certifies completion of FRA

• Certifies diversion for development facilities under Sec.3(2) of FRA is completed

• Certifies completion of rights recognition of PVTGs under Sec.3(1)(e): habitat and habitation rights

• Certifies project proposal for diversion placed before Gram Sabha

• Certified Gram Sabha decisions taken with 50 % quorum

GRAM SABHA

• Certifies completion of FRA

• Grant s consent to forest diversion

Page 26: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Forest Diversion since 2008 -2015

Year Area diverted in hectares

2008 28,509.45

2009 87,883.67

2010 43,370.38

2011 26,171.88

2012 25,218.631

2013 41,716.921

2014 35,867.47

2015 11,525.59

TOTAL 300,263.992

1950-1980: About 4.3 m ha @144,000 ha per annum

1980-2007: 64,701.93 @ 24,026 ha per annum

Were the procedures for forest diversion followed since 2008 when FRA

became operational and implementation itself has been very poor????

Page 27: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Dilution of Forest Rights Act, 2006

MoEF 5 February 2013: Exemption of linear projects like construction of roads,

canals, laying of pipelines/optical fibres and transmission lines etc unless recognised

rights of PVTGs are being effected, from obtaining consent of Gram Sabhas

MoEF 28 October 2014: Exemption of forests notified 75 years prior to 13

December 2005 in villages with no STs from FRA and only Collector's certificate

required

MoTA 07 March 2014: Compliance with FRA required as the law does not provide

for any exemption

Page 28: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Dilution of Forest Rights Act, 2006

MoEF & CC August 2015 Guidelines for Privatization of Forests

leasing 40 percent of the 'degraded' forests to private companies for afforestation

without any mention of forest rights

restriction of community access to only "10-15%" of the leased out lands for

non-timber forest produce including fodder in violation of the Forest Rights Act

Page 29: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Dilution of Forest Rights Act, 2006

June 4, 2015: Madhya Pradesh Protected Forest Rules, 2015 where the government

can declare wooded areas traditionally used by forest dwellers as “village forest”

instead of giving communities titles over such land under the FRA.

July 28, 2015: Jharkhand government orders Deputy Commissioners to settle all the

“eligible” claims of FRA within a month and get implementation certificates from

gram sabhas by October 2.

August 2015: Chhattisgarh government asked gram sabhas or village committees to

certify that the law was implemented in full despite large-scale gaps. Such

certificates are mandatory for diversion of forestland for industrial purpose.

Page 30: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Dilution of Forest Rights Act, 2006

November, 2015: The Prime Minister‟s Office and the Environment Ministry

continued to pressurise bypassing of FRA even after its own Tribal Ministry has said

such moves are “illegal” for:

delinking forest rights recognition as pre-requisite for forest diversion,

fixing time to receive and settle claims,

exemption from FRA in all villages that do not have eligible forest rights

holders, and

exemption from FRA in all underground mining proposals.

MoTA again clarifies that these are not as per law on 14 December 2015.

January 8, 2016: Chhattisgarh cancels titles issued under FRA citing that tribals

were exercising rights which was coming in the way of mining in Parsa East and

Kete Besan coal blocks to be worked by Adani Mining. MoEF approved forest

diversion in March 2012 despite claims by people; CFR titles granted in September

2013.

Page 31: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Dilution of Forest Rights Act, 2006

March 28, 2017: The National Tiger Conservation Authority, Ministry of

Environment, Forest and Climate Change issued an order to the Chief Wild Life Wardens of all tiger range states that 'no rights shall be conferred in Critical Tiger Habitats which is duly notified under section 38 V(4)(1) of the Wildlife (Protection) Act 1972'. The Ministry does not have powers to issue orders related to forest rights and the order is in violation of Wildlife (Protection) Act as well as FRA.

Page 32: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Compensatory Afforestation, Management and

Planning Authority Act, 2006 (CAMPA) Campa fund - Net Present Value (NPV) collected by the government for forest land

diverted for non-forest purposes under the Forest (Conservation) Act, 1980 ranging

from Rs.4.38 lakh to 10.43 lakh per hectare (2008)

Legal Status‟ of the area diverted remains „Forest land‟ or „Reserved Forest/

Protected Forest

Fund to be used for regeneration of forests, forest management, protection,

infrastructure development, wildlife protection and management and related

activities

Afforestation in double the area diverted if on forest land and equivalent area if on

revenue land (to be later notified as forest land)

Page 33: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Compensatory Afforestation, Management and

Planning Authority Act, 2006 (CAMPA) Created on the direction of the Supreme Court in the case of T N Godavarman case

October 2002: Supreme Court (SC) directs the formation of a Compensatory

Afforestation Fund.

April 2004: CAMPA notified by MoEF

During 2006-2012 CAMPA fund grew from Rs 1,200 crores to Rs 23,608 crores and

now stands at about Rs.42,000 crores

Faulty assumptions

putting a price tag on forest land will reduce forest diversion

it is „blood‟ money collected by destroying natural ecosystems.

loss of natural forest and ecosystem can be „compensated‟ by planting trees

a forest is a sum total of trees; planting equal or even double the number of trees

felled would compensate the loss

Page 34: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Compensatory Afforestation, Management and

Planning Authority Act, 2006 (CAMPA)

Afforestation in –

Double the area diverted in degraded forest land rich in biodiversity

including grasslands, wetlands and scrub forest

Same area as area diverted in revenue land which are common lands

accessed for livelihood by marginalised

Forest departments lack the planning and implementation capacity (2013

CAG Report on afforestation)

Between 2003 and 2014 afforestation was carried out on 19.64 million ha

but the forest cover increased by only 2.4 million ha „leaving a hole of 17

million ha

Page 35: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Protecting Rights

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Amendment

Act, 2016:-

Notified on 1 January 2016 with effect from 26 January 2016

Provides for penal action of imprisonment of not less than six months extending to

five years with fine for –

wrongful occupation and dispossession of land, [Sec.3(1)(g)]

interference with rights including rights over forest (as defined under Forest

Rights Act), land and water, [Sec.3(1)(g)]

obstruction of rights to common property resources [Sec.3(1)(za)(A)]

Page 36: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

Protecting Rights

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act of 2013

Fishing rights in reservoir area for loss of these rights in a river, pond or dam

FRA Community rights to be quantified and paid to individuals displaced

June 14, 2016: Maharashtra Governor issues notification amending Sec.l36 A of the

Maharashtra Revenue Code, 1966 preventing the Collector from sanctioning transfer

of land from tribal to non-tribal without the previous sanction of the Gram Sabha

June 18, 2016: Governor of Maharashtra issues Indian Forests (Maharashtra)

(Regulation of Assignment, Management and Cancellation of Village Forests)

(Amendment) Rules 2016 to exempt the application of Indian Forests (Maharashtra)

(Regulation of Assignment, Management and Cancellation of Village Forests) Rules

2014 to the Scheduled Area of Maharashtra.

Page 37: C. R Bijoymmpindia.in/documents/resources/Issues-Challenges-of-Schedule-Area.pdfexisting or deemed forests, protected forests, Sanctuaries, National Parks and Tiger Reserves Potential:

The Way Forward….!!!!

1. Upgradation of Panchayats to Municipalities in Scheduled Areas

Declare null and void all upgradation of panchayats to municipalities since 74th Amendment 1992;

Ban all upgradation till enactment of MESA

Enact Municipalities (Extension to Scheduled Areas) Bill

2. Structures above the Gram Sabha at district level in Scheduled Area

A MoTA-MoPR Special Task Force to study and recommend a law for the District level patterned on Sixth Schedule

Amend PESA to incorporate these provisions

Directions under Fifth Schedule Provisos to amend State Panchayati Raj Acts

Rationalize Schedule Areas by reorganizing administrative units by issuing directions under Fifth Schedule Provisos

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The Way Forward….!!!!

3. Compliance of State Panchayat Raj Acts with PESA

Issue directions under Fifth Schedule Provisos to amend State Panchayati Raj Acts

4. Aligning subject laws with PESA

Union Government

Amend Mines and Minerals (Development and Regulation) Act, 1957, the Indian Forest Act, 1927, the Forest (Conservation) Act, 1980, and the Indian Registration Act, 1908 and national policies such as the National Water Policy, 2002, National Minerals Policy, 2003, National Forest Policy, 1988, and Wildlife Conservation Strategy, 2002

State governments

Amend State subject laws

Issue directions under Fifth Schedule Provisos to amend State subject laws

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The Way Forward….!!!!

5. Include tribal habitations not included yet under the Fifth Schedule

Issue directions under Fifth Schedule Provisos to amend State Panchayati Raj Acts

States to prepare proposals within a year for Presidential notification

A Special Task Force of GOI to expedite the process

6. Protection from land alienation and restoration of alienated land

Transfer of land alienation/restoration cases pending in the court to the Gram Sabha

Demarcate the geographical jurisdiction of the ‘villages’ tincluding the forest area recognized under FRA

All land in Scheduled Area to serve the interest of Scheduled Tribes

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The Way Forward….!!!!

Prohibit all transfer of tribal/non-tribal lands to another non-tribal/tribal

Gram Sabha to buy all such lands using Land Consolidation Fund

Land Consolidation Fund' (LCF ) to be created at the State level,; release fund to Districts; for Gram Sabha to buy all lands within its jurisdiction for reallotment to landless STs or as common land

Issue directions under Fifth Schedule Provisos on the above

7. Redefine the role of Ministry of Tribal Affairs

Empower MoTA for inter-ministerial coordination regarding PESA in addition to FRA

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The Way Forward….!!!!

8. Forest Rights

Amend Compensatory Afforestation, Management and Planning Authority Act, 2006 (CAMPA) to comply with FRA

Amend all State laws to comply with FRA for which issue directions under Fifth Schedule Provisos

Union Government to issue directions under Sec.12 of FRA to

Review and withdraw all forest offences falling within the purview of FRA

Empower the institutional mechanism under FRA

Give first priority to recognize Community Resource Rights [Sec.3(1)(I)] to all habitations and habitat rights of PVTGs.[Sec.3(1)(e)]

Consider rights under FRA to all lands demarcated as forest as land use in the census reports and forest survey of India reports at a minimum

Operationalise the appeal and offence clauses in Sec.6 and 7 and report to MoTA

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…..thanks