The Hindu : New Delhi News : Model law on tribal land rights on anvil

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Friday, Nov 05, 2004

New Delhi

New Delhi

Model law on tribal land rights on anvil

By Our Staff Correspondent

NEW DELHI, NOV. 4. The Centre is preparing a model legislation, to be adopted by the States, for conferring the rights of non-timber forest produce to weaker sections and tribals. The rights will be identified by the States.

At the Fifth Social Editors' Conference here today, the Union Minister for Environment and Forests, A. Raja, said the legislation would also safeguard the legal rights of tribal communities over mineral and water resources. "It will distinguish between ineligible encroachers on forests, on the one hand, and tribal communities and other forest dwelling communities, who are in occupation of forests in exercise of their traditional rights, on the other, so that the latter are not subject to eviction."

This approach would help the forest dwelling communities, the tribals in particular, safeguard their livelihood and also develop long-term stakes in conservation of the forest resources.

The National Forest Policy, 1988, had envisaged legal recognition to the traditional rights of tribals in respect of forests in their jurisdiction. This was reiterated in several directives to the States, with the lastissued in the form of guidelines on February 5, 2004. This order impressed upon the States to give legal recognition to the traditional rights of tribalswithin the jurisdiction of the State. It also sent proposals to the Centre for diversion of forestlands occupied by tribals in exercise of the traditional rights for which there is evidence of continuous occupation for at least 10 years.

The guidelines were stayed by the Supreme Court on February 23 without notice to the Centre. Since the amicus curie contended that the guidelines were "politically motivated," the issue was taken up for discussion at the conference of Forests Ministers. The meet decided to evolve a national consensus on the issue. Accordingly, the Ministry filed an affidavit refuting political motivation.

The All-India Democratic Women's Association (AIDWA) demanded that the Centre review the National Tribal Policy and frame a new one that reflected the needs and aspirations of the community.

An AIDWA delegation, led by its general secretary, Brinda Karat, met the Union Minister for Tribal Affairs, P.R. Kyndiah, and said the existing policy had been framed by the erstwhile National Democratic Alliance Government two days before the last general elections and "adopted" without any discussion in Parliament. "It is unfortunate that instead of framing a new policy, the United Progressive Alliance Government has called for discussions on this `flawed' framework," the delegation said.

An AIDWA release said that Mr. Kyndiah had agreed with them on some of the issues

The delegation told the Minister that there was a multiplicity of authority as far as tribal rights were concerned since the Environment and Forest Ministry pursued policies inimical to tribal advancement. It cited the Central notification issued in May 2002 ordering the eviction of tribals from forests in the name of environment protection as example. It demanded that the circular be withdrawn.

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