NCST CONCERNS OVER FOREST (CONSERVATION) RULES, 2022

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• The National Commission for Scheduled Tribes (NCST) stated that the (Conservation) Rules (FCR) 2022, violate the rights of the Scheduled Tribes mentioned under the Forest Rights Act, 2006.
  • Raising concerns over the provision in the new rules that proposes to do away with the consent clause for the diversion of forest land for other purposes, the Commission recommended that these rules should be put on hold immediately.
• The chairperson of the commission said that “The Commission has to intervene and recommend corrective measures whenever any rules run the risk of violating the rights of tribespeople”.

New Forest Conservation Rules

• The Ministry of Environment, Forest and Climate Change (MoEFCC) notified the new Forest (Conservation) Rules, 2022, but it does not mention the earlier requirement of attaining a gram sabha NOC (No Objection Certificate) before diverting forest land for a project.
  • It allows forest rights to be settled after the final approval for forest clearances has been granted by the Centre, a point flagged by critics.
• The settling of forest rights now needs to be carried out by the state government instead of the Centre, as was the case earlier.
  • The state governments will be under even greater pressure from the Centre to accelerate the process of diversion of forest land, critics say.
  • The government said that the Forest (Conservation) Rules, 2022, are reformative to streamline the process of approvals under the Act and enable the parallel processing under other Acts and Rules including FRA, 2006.
• It constituted an Advisory Committee, a regional empowered committee at each of the integrated regional offices and a screening committee at the State/Union Territory (UT) government level. The role of the Advisory Committee is restricted to advising or recommending the grant of approval.
• The MoEFCC has directed the constitution of a project screening committee in each state/UT for an initial review of proposals involving the diversion of forest land. The five-member committee will meet at least twice every month and will advise the state governments on projects in a time-bound manner.
• All non-mining projects between 5-40 hectares must be reviewed within 60 days and all such mining projects must be reviewed within 75 days.
  • For projects involving a larger area, the committee gets some more time — 120 days for non-mining projects involving more than 100 hectares and 150 days for mining projects.
• All linear projects (roads, highways, etc), projects involving forest land up to 40 hectares and those that have projected use of forest land having a canopy density up to 0.7 shall be examined in the Integrated Regional Office.
• The applicants for diverting forest land in a hilly or mountainous state with green cover covering more than two-thirds of its geographical area, or in a state/UT with forest cover covering more than one-third of its geographical area, will be able to take up compensatory afforestation in other states/UTs where the cover is less than 20%.

Forest Rights Act, 2006

• The Scheduled Tribes (Recognition of Forest Rights) Act seeks to recognize the forest rights of forest-dwelling Scheduled Tribes (FDSTs) who have been occupying the land before October 1980.
  • An FDST nuclear family would be entitled to the land currently occupied subject to a maximum of 2.5 hectares.
  • The land may be allocated in all forests including core areas of National Parks and Sanctuaries.
• In core areas, an FDST would be given provisional land rights for five years, within which period he would be relocated and compensated.
  • If the relocation does not take place within five years, he gets permanent rights over the land.
• The Act outlines 12 forest rights which include the right to live in the forest, to self-cultivate, and to use minor forest produce.
  • Activities such as hunting and trapping are prohibited.
• The Gram Sabha is empowered to initiate the process of determining the extent of forest rights that may be given to each eligible individual or family.

National Commission for Scheduled Tribes (NCST)

• Established by amending Article 338 and inserting a new Article 338A in the Indian Constitution through 89th Amendment Act.
• Appointed by the Indian President for 3 years office term.
  • Chairperson equal to the rank of Union Cabinet Minister, and Vice-Chairperson that of a Minister of State and other Members have the rank of a Secretary to the Government of India.
• Function:
  • Investigate and Monitor matters relating to Safeguards provided for STs.
  • Inquire into Specific complaints relating to the Rights & Safeguards of STs.
  • Participate and Advise in the Planning Process relating to the Socioeconomic development of STs.
  • Submit a report to President annually.
  • Discharge Such other functions concerning STs as the President may, subject to the provisions of any law made by Parliament, by rule specify.
• Powers of a Civil Court, having authority to;
  • Summon and enforce the attendance of any person and examine on oath.
  • Discovery & production of any documents.
  • Receive evidence on affidavits.
  • Requisition any public record or copy thereof from any court or office.
• Union and every State Govt. to consult the Commission on all major Policy matters affecting Scheduled Tribes.

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