Centre reviewing SC ruling on forest laws and tribal housing, says Minister, Pg14

Key Highlights:

• The Union government is reviewing a recent Supreme Court order regarding conflicts between the Forest Rights Act (FRA) and the Forest Conservation Act (FCA).
• The review was prompted by a case in Madhya Pradesh where PVTG villagers are trying to build homes on forest land under the PM-AWAS scheme.
• The Supreme Court noted that the FRA does not explicitly include the construction of permanent housing as a permissible non-forestry activity under the FCA.
• The government aims to ensure that schemes like PM-JANMAN and DAJGUA, designed for tribal communities, remain effective despite the legal conflict.

Detailed Insights:

• The Supreme Court order highlights a conflict between the FRA (2006), which allows certain non-forestry activities for providing services, and the FCA (1980), which restricts construction on forest land.
• PM-JANMAN and DAJGUA use FRA coverage to identify tribal habitations and provide them with basic amenities like power, water, and housing under PM-AWAS.
• DAJGUA includes identifying FRA holders and planning entrepreneurial activities for them, making the court order a potential challenge for these programs.
• The government is consulting legal experts to find a way to allow permanent housing on forest land without violating the FCA, ensuring the continuation of tribal welfare schemes.
• The case of the Binega villagers is scheduled to be heard again in December, which could have significant implications for tribal housing rights and development programs.
• The government is celebrating the 150th birth anniversary of Birsa Munda by increasing registrations under PM-JANMAN and DAJGUA programs.

Key Concepts Involved:

• Forest Rights Act (FRA): Legislation enacted in 2006 that recognizes the rights of forest-dwelling communities to forest resources and land.
• Forest Conservation Act (FCA): Legislation enacted in 1980 that regulates the diversion of forest land for non-forestry purposes.
• PM-JANMAN: A flagship scheme aimed at the holistic development of Particularly Vulnerable Tribal Groups (PVTGs).
• DAJGUA: A program focused on the development of villages with a significant Scheduled Tribe population.