Context
The Ministry of Tribal Affairs has clarified that the Forest Rights Act (FRA), 2006 itself does not contain an explicit provision requiring Gram Sabha consent for forest clearance. However, the Union government’s forest-diversion rules require completion of the FRA process before final approval for diversion of forest land.
Explanation
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognises the individual and community forest rights of Forest-Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs); the Ministry of Tribal Affairs (MoTA) is the nodal ministry.
- The Gram Sabha initiates the determination of the nature and extent of these rights.
- Section 4(5) bars eviction of forest dwellers until recognition and verification of rights is complete.
- The FRA does not expressly require Gram Sabha consent for diverting forest land to non-forest use.
- However, forest-diversion procedure requires completion of the FRA process and a No-Objection Certificate (NOC) from concerned Gram Sabhas before final approval.
- In the Niyamgiri case (Orissa Mining Corporation v. Ministry of Environment and Forests, 2013), the Supreme Court gave Gram Sabhas the decisive role over community and religious rights.
- The Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996 makes Gram Sabha consultation mandatory in Scheduled Areas.
Source: (The Indian Express, The Hindu, Live Mint)
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