Perilous retreat, Pg8

Key Highlights:

• The Committee on Public Undertakings recommended diluting the Gram Sabha consent requirement for projects affecting tribal communities.
• The proposal suggests requiring consent from 70-75% of affected Gram Sabhas instead of all, to expedite large hydropower projects.
• The Ministry of Tribal Affairs (MoTA) stated that the Forest Rights Act (FRA) does not explicitly mandate Gram Sabha consent for forest clearance and that such matters are outside its purview.
• This move is seen as a threat to the constitutional rights of forest-dwelling communities and creates a regulatory vacuum.

Gram Sabha Consent.jpg

Detailed Insights:

• The requirement for Gram Sabha consent for forest diversion primarily stems from guidelines under the Forest (Conservation) Act, 1980, rather than explicit provisions within the FRA itself.
• The MoTA is the nodal ministry responsible for implementing the FRA, making its disclaiming of jurisdiction controversial.
• Diluting the consent requirement could reduce Gram Sabhas from democratic bodies to mere corporate stakeholders, potentially allowing projects to bypass directly affected villages.
• The Teesta-IV Hydroelectric Project in Sikkim, a 520MW project, has faced delays, cited by the committee as an example of the bottleneck caused by the 100% consent rule.
• The Panchayats (Extension to Scheduled Areas) Act (PESA) and the Land Acquisition, Rehabilitation and Resettlement Act (LARR Act) empower Gram Sabhas with significant decision-making authority over land and resources in Scheduled Areas.
• Any changes to the consent rules should be made transparently and democratically through relevant rules or legislation.

Key Concepts Involved:

• Forest Rights Act (FRA): A 2006 law recognizing the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers to forest land and resources.
• Gram Sabha: The primary democratic body at the village level, comprising all adult residents, empowered to protect community rights and resources.
• Panchayats (Extension to Scheduled Areas) Act (PESA): A 1996 law extending provisions of Panchayats to Scheduled Areas, granting special powers to Gram Sabhas for self-governance.
• Land Acquisition, Rehabilitation and Resettlement Act (LARR Act): A 2013 law ensuring fair compensation, rehabilitation, and resettlement for those affected by land acquisition, requiring Gram Sabha consultation/consent in certain cases.
• Scheduled Areas: Areas identified under the Fifth Schedule of the Constitution, predominantly inhabited by tribal communities, with special governance provisions.