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2005 - Indian Social Institute

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encroachments on forest land in the garb of tribals and forest dwellers". In fact, claim officials, they are<br />

already getting reports of fresh encroachment from Maharashtra.<br />

So far, they have got no response from the PM's office. What has come out is a response from the<br />

Campaign for Survival and Dignity, which officially espouses the tribal cause. It condemns the<br />

"misinformation" and "false alarm" and claims that the best forests are in tribal areas, while 60% of the<br />

forests under the environment and forest ministry's charge has been reduced to wastelands. Within the<br />

ministry, however, genuine concerns forced the unprecedented hardline stance of completely rejecting the<br />

draft Bill. In a recent representation to the PM, the <strong>Indian</strong> Forest Service Association's Delhi unit followed it<br />

up and sought a relook at the Bill. They say it will mean the country can never hope to achieve its target of<br />

33% forest and tree cover and it will lead to a further loss of prime wildlife habitat, putting a question mark<br />

even on national parks and sanctuaries — a sensitive issue since concerns on the tiger brought it to the<br />

fore. (Times of India 23/4/05)<br />

UPA's Tribal Bill: Tiger’s death warrant (6)<br />

New Delhi: IF THE PMO and UPA have their way and The Scheduled Tribes (Recognition of Forest<br />

Rights) Bill, <strong>2005</strong>, is passed this Parliament session, India stands to lose 60 per cent of its forest cover.<br />

Under the proposed Act, each nuclear family of a forest-dwelling Scheduled Tribes will be given land up to<br />

2.5 hectares. It's estimated that once the land is doled out, over 60 per cent of India's forests would be<br />

handed over to 8.2 per cent of its population. In January, Prime Minister Manmohan Singh had chaired a<br />

meeting approving the Bill. If passed, Scheduled Tribes will have access to and ownership of minor forest<br />

produce, rights of grazing and access to traditional seasonal resources. Besides, they will have the right to<br />

self-cultivation. All of the above, cautions the Bill, can be exercised for 'bonafide' livelihood needs, though<br />

how this will be ascertained and policed remains questionable. The rationale being offered is that the Bill<br />

will 'correct the historical injustice.' It argues that forest rights on ancestral lands and habitat were not<br />

recognised when lands were consolidated under forest areas during the colonial period as well as in<br />

independent India. The proposed Act will override the Forest Conservation Act (FCA), 1980<br />

and the Wildlife Protection Act (WPA), 1972 — measures that were initiated and piloted by then Prime<br />

Minister, Indira Gandhi. The powers of policing will vest with Gram Sabhas, making the Forest Department<br />

redundant. "The <strong>Indian</strong> Forest Service might as weE pack up," says a highly-placed source in the Ministry<br />

of Environment and Forests (MoEF). (Pioneer 24/4/05)<br />

Tribals all set to gain rights over forests (6)<br />

New Delhi: It could well become the ' Magna Carta for forest dwelling tribals. Cleared by the law ministry<br />

late on Tuesday night after months of turf war between the ministries of environment and forest and tribal<br />

affairs, the Scheduled Tribes (Recognition of Forest Rights) Bill lives up to the initial promise of<br />

resuscitating the manki munda raj (rule of tribal chiefs). Proclaiming correction of "historical injustice<br />

before it is too late to save our forests from becoming the abode of undesirable elements", the Bill at one<br />

stroke seeks to return to the tribals their traditional rights on a host of issues which have been at the heart<br />

of the conservation debate. It proposes 12 specific rights — "heritable but not alienable or transferable" —<br />

to tribals of forest villages. These include: Right to hold and live in the forest land under the individual or<br />

common occupation for habitation or for self-cultivation for livelihood , Right of access, use or disposal of<br />

minor forest produce<br />

Rights of entitlement such as grazing and traditional seasonal resource access of nomadic or pastoralist<br />

communities, Rights in or over disputed lands under any nomenclature in any state where claims are<br />

disputed * Rights for conversion of pattas or leases or grants issued by any local authority or any state<br />

government on forest lands to titles * Rights of settlement of old habitations and unsurveyed villages,<br />

whether notified or not, Right to protect, regenerate or conserve or manage any community forest<br />

resource which they have been traditionally protecting and conserving. (Times of India 28/4/05)<br />

May – <strong>2005</strong><br />

"Tribal Rights Bill could lead to societal division" (6)<br />

NEW DELHI: The Scheduled Tribes (Recognition of Forest Rights) Bill, <strong>2005</strong> has drawn criticism from<br />

various quarters. <strong>Social</strong> groups and environmentalists believe that the Bill, if implemented in the present

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