NCST's position on new Forest Conservation Rules 2022 : Daily Current Affairs

Date: 05/01/2023

Relevance: GS-3: Environmental Issues; Forest Conservation Act & Rules.

Key Phrases: National Commission for Scheduled Tribes (NCST), Tribal Communities, Forest Conservation Act 1980, Forest Rights, Gram Sabha, Welfare of Tribal Communities, Forest Conservation Rules 2022, Article 338A of Indian Constitution, 89th Constitutional Amendments Act, Forest Rights Act, 2006.

Context:

In a sign of escalating conflict between the government and the National Commission for Scheduled Tribes over the Forest (Conservation) Rules (FCR) 2022, recently NCST Chairperson said that the NCST’s position on the new rules being violative of the Forest Rights Act, 2006 “will be the same” even as the Environment Ministry has dismissed these concerns.

Key Highlights:

According to the 2011 Census, the Scheduled Tribes account for 104 million representing 8.6% of the country’s population.
The essential characteristics of these communities are:
- Primitive Traits; Geographical isolation; Distinct culture; Shy of contact with community at large; Economically backwards.

Provisions of new Forest Conservation Rules 2022:

The Forest (Conservation) Act (FCA), 1980 was enacted to help conserve the country's forests.
The Forest Conservation Act of 1980 brought the diversion of forest land for non-forestry purposes under the purview of the central government.
- Till then, the states were solely in charge of clearing projects and diverting forest land.
- The Forest Conservation Act, laid down the process by which forest diversion could be carried out for projects such as mines or dams.
It strictly restricts and regulates the de-reservation of forests or use of forest land for non-forest purposes without the prior approval of the Centre.
In the new set of Rules (Forest Conservation Rules 2022) the Government has allowed for forest rights to be settled after final approval for forest clearances has been granted by the Central Government.
It had done away with the clause to mandatorily seek consent of Gram Sabhas before the Stage 1 clearance, leaving this process to be done later and even after Stage 2 clearance.
- In such a scenario, project proponents, having received partial clearance, will be pushing State and Union Territory governments for diversion at the earliest, which would be seriously impacting the process of recognition of rights under the FRA.

Status of violation of FRAs:

The Commission had pointed out that between 2009 and 2018, of the 128 applications for forest diversion for mining, 74 were cleared at the Stage 2 and 46 at the Stage 1, and none of the rejections were based on FRA non-compliance.
It added that in a subset of 14 cases, certificates showing the completion of the FRA process were issued in violation of ground realities and no CFR (Community Forest Resources) process had been completed anywhere.
- So, the Commission argued that these new Rules will only increase such violations.

Major Concerns raised over the new FCR 2022:

Provisions of newly formed Forest Conservation Rules 2022 destroy the very purpose of the Forest Rights Act, 2006 and its meaningful use while considering proposals for diversion of forest land.
- Once forest clearance is granted, everything else becomes a mere formality and almost inevitably no claims will be recognised and settled.
- The state governments will be under even greater pressure from the Centre to accelerate the process of diversion of forest land.

National Commission for Scheduled Tribes

The National Commission for Scheduled Tribes was established by amending Article 338 and inserting a new Article 338A in the Indian Constitution through 89th Amendment Act, 2003.
The National Commission for Scheduled Tribes is a constitutional body.
Its role is to safeguard the interests of the scheduled tribes or under any other order to the Government and to evaluate the working of such safeguards.
The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes.
The Commission and its officers participate in formulation of policies and in the developmental programmes for Scheduled Tribes including Tribal Sub-Plan.
It is the Commission’s duty to intervene and recommend corrective measures whenever any rules run the risk of violating rights of tribes people.

Government's Views:

The Environment ministry argued that new rules have been promulgated to streamline the approval process, introduce the concept of collective decision making and address the dynamic changes in the ecological values of trees and forests.
- Therefore, the new rules will allow parallel processing of the proposals and eliminate the redundant processes.

Way Forward:

Flagging concerns over the provision in the new rules that proposes to do away with the consent clause for diversion of forest land for other purposes, the Commission had recommended that these rules should be put on hold immediately.
The requirement for consent and recognition of rights prior to Stage I clearance in 2014 and 2017 Rules at least provided a legal space for ensuring completion of the processes for recognition and vesting of rights under the FRA in areas where forests are being diverted.
- This is why the two processes cannot be seen as separate, parallel ones.

Conclusion:

To ensure the benefits of development reach to all and at the same time, forest rights of tribes remain in force, is the challenge before us. Therefore, the Government should take necessary steps after in-depth discussion with stakeholders.

Source: The Hindu

Mains Question:

Q. Examine the new Forest Conservation Rules 2022 and discuss the associated issues arising out of them. (250 Words).