The Hindu : National : Tribals feel betrayed by rights law

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Wednesday, Dec 20, 2006
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Tribals feel betrayed by rights law

Special Correspondent

NEW DELHI: While welcoming the passage of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Bill in Parliament, activists of the Campaign for Survival and Dignity, who championed the cause of tribal land rights, have accused the Government of "exposing itself as the agent of forest bureaucracy and private corporations."

In a statement here on Tuesday, tribal representatives said the legislation explicitly not only recognised the tribals' right to land and resources, but also accepted that there were legitimate non-Scheduled Tribe forest dwellers.

"It also recognises our right to rehabilitation in case of past forcible displacement and requires our consent before unscientific and arbitrary resettlement from national parks and sanctuaries. Most importantly, it explicitly recognises our right to conserve, protect and manage the forests, breaking the stranglehold of the autocratic Forest Department for the first time since 1865."

JPC recommendations

However, while conceding the principles that they had argued for, the Government scuttled the law itself. "They manipulated the process, discarded key recommendations of the 30-member Joint Parliamentary Committee's unanimous report and did so at the very last minute such that no one — despite efforts by the Left parties, JPC members and other political leaders — could save the law without giving the Government the chance to stall it entirely."

The Government now defined "forest dwelling" in such a way as to ensure that 90 per cent of the tribals and forest dwellers would be excluded from eligibility for rights under the law.

Entire categories of the most vulnerable non-ST forest dwellers had been excluded.

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