Please Follow My Notes and My Video 15-DEC-2016
a) Free informed consent
b) Mines and minerals(development and regulation act
c) Compensatory afforestation act
d) Samata judgement
e) Niyamgiri Judgement
Rights for the rightful owners
Forest rights act was enacted by the parliament to give legal recognition to the rights of the tribals and other forest dwellers settled in the forest. Other than tribal people (other traditional forest dwellers shall be residing and making livelihood on the forests for 3 generations or 75 years). But, Governments have tried to weaken the implementation of law from time to time. These are
What does FPIC mean to forest peoples?
implies informed, non-coercive negotiations between investors, companies or governments and indigenous peoples prior to the development and establishment of oil palm estates, timber plantations or other enterprises on their customary lands. This principle means that those who wish to use the customary lands belonging to indigenous communities must enter into negotiations with them. It is the communities who have the right to decide whether they will agree to the project or not once they have a full and accurate understanding of the implications of the project on them and their customary land. As most commonly interpreted, the right to FPIC is meant to allow for indigenous peoples to reach consensus and make decisions according to their customary systems of decision-making.
The Judgement declared that the Government is also a "Person" and that:
All lands leased to private mining companies in the scheduled areas are null and void.
Some features of the judgement are:
every Gram Sabha shall be competent to safeguard and preserve...community resources". .....
A) Minerals to be exploited by tribals themselves either individually or through cooperative societies with financial assistance of the State.
B) At least 20% of the profits as permanent fund for development needs apart from reforestation and maintenance of ecology.
C) Transfer of land in Scheduled Area by way of lease to non-tribals, corporation aggregate, etc stands prohibited.
D) renewal of lease is fresh grant of lease and therefore, any transfer stands prohibited.
Transfer of mining lease to non-tribals, company, corporation aggregate or partnership firm etc is unconstitutional, void and inoperative. State instrumentality s like APMDC stands excluded from prohibition.
The Supreme Court order in the case, endorsing the rights of tribals under the Forest Rights Act and the Panchayat (Extension to Scheduled Areas) Act to make fresh claims and designating the gram sabhas as the competent fora to decide them, should end strong arm measures against defenceless communities. It is beyond doubt that there is an organic connection between tribals and the land, and this has been accepted by the Supreme Court in another case in 1997. That bond must be respected.
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