The Hindu : National : ``Struggles for tribal rights have to continue''

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Friday, Dec 22, 2006
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``Struggles for tribal rights have to continue''

K.V. Prasad

`Passage of bill, a significant victory'

NEW DELHI: Describing the passage of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Bill, as "a significant victory" for tribal and forest dwelling communities and a big step forward in the struggle for tribal rights, the Communist Party of India (Marxist) cautioned that there were many areas where the struggle would have to continue.

"The big achievements and rights guaranteed by the legislation must be propagated in a widespread campaign among tribals all over the country so that they need no longer fear eviction from the forest department. However... there are many areas where the struggle will have to continue to ensure that the loopholes and weaknesses in the legislation, are not utilised against tribals and forest dwelling communities," party Polit Bureau member and MP Brinda Karat said in her article in the latest edition of the party organ People's Democracy.

She said those who have been opposing the recognition of tribal rights in the forests have already threatened to go to the Supreme Court against the Act as it has changed the cut-off year from 1980 as decided by the Supreme Court to 2005. "No doubt every effort will be made by these lobbies to sabotage the implementation of the Act."

The Joint Parliamentary Committee had recommended that this Act should be included in the ninth schedule of the constitution so as to protect it from litigation. However, this discussion was yet to take place. The CPI(M) and tribal organisations, she said, have a great responsibility to take forward the agitation to ensure protection of the rights of tribals and forest dwellers and the gains they have achieved through this legislation made possible due to united efforts of all concerned organisations, non-governmental organisations and individuals.

When the Bill was being discussed in the Rajya Sabha, to the amendments moved by her she said, the Union Minster accepted them and all the accepted amendments would form part of the rules. Only the three-generation definition would require a separate amendment to be brought in the next session.

There were differences between the original bill moved by the UPA Government and the final bill adopted by Parliament. The original Bill in many respects would have become an instrument to add to that injustice.

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