Forest land grab alleged
21 Jan 2013 7:31 AM IST
A number of forest dwellers’ and environmentalist organisations sent a letter to Jayanthi Natarajan, the environment minister, minister of state (I/C) for environment and forests, on the issue of her ministry officials grabbing forest lands for projects in violation of law.
They have urged from the minister to reconstitute Forest Advisory Committee (FAC) and prosecute officials responsible for violation of rights.
Campaign for Survival and Dignity wrote to the minster that in two cases, the current FAC recorded that a project had not complied with the law and recommended it anyway. It said that in most cases the law is ignored entirely. They said in the letter that these are criminal offences under the Forest Rights Act (FRA) and the Prevention of Corruption Act.
The letter said that in 2006, the Parliament unanimously passed the FRA, which sought to protect forest dwellers’ rights and to also recognise their authority and right to protect and manage forests.
‘Yet five years later your Ministry continues to brazenly abet the daylight robbery of people’s forests and resources. Lakhs of pepole have lost their homes and livelihoods to this robbery,’ said the letter.
They said that in particular the members of the FAC, who are supposed to examine whether a project can and should receive forest land, continue to recommend projects for diversion of forest land without any regard for the law. ‘Most recently they have recorded in their minutes that projects that have not complied with the Forest Rights Act should be given clearance nevertheless. Your Ministry continues to grant final clearance to such projects as well. Such actions are criminal offences under section 7 of the FRA and section 13(d)(iii) of the Prevention of Corruption Act,’ it said.
It said that the FAC decided twice – on 1 April, 2012 and 26 November, 2012 – that it should comply with the law, recorded the decision in its minutes, and has repeatedly proceeded to brazenly violate its own decision (as well as the law) in subsequent meetings.
The letter said that under the FRA, the FAC and Ministry’s officials are only allowed to approve / recommend any project after it: first, receives certificates from the concerned gram sabhas (village assemblies) that the implementation of the FRA is complete; and second, that the concerned gram sabhas give their informed consent to the diversion of forest land. It said that in addition to this, their are various correspondences from the Environment Ministry and others in this regard.
‘Yet, despite all this, in its last meeting on 21 and 22 December the FAC recommended the takeover of fully 4,600 hectares of land for various government and private projects without recording a single one to be compliant with the FRA. Moreover, in two projects – both by Mahanadi Coalfields in Orissa – the committee recorded that the 2009 order of the Ministry had not been complied with, and went on to recommend the project for clearance anyway,’ said the letter urging the minister to initiate criminal prosecution immediately against those responsible.
Those part of the Campaign for Survival and Dignity are – Purnima Upadhyay, KHOJ, Dist Amravati, Maharashtra, Roma, NFFPFW/ Human Rights Law Centre, Robersganj, UP, Tilottama Sarkar, Samrakshan Trust, MP, All India Forum for Forest Movements (AIFFM), Sharad Lele, Bangalore, Kanchi Kohli, Independent Researcher, New Delhi, Tushar Dash, Sumi Krishna, Bangalore, Kashtakari Sanghatna, Thane, Maharashtra, Kamgaar Va Majur Sangh, Maharashtra, Adivasi Jungal Janjeevan Andolan, Dadra and Nagar Haveli and Bharat Jan Andolan, Jharkhand.
They have urged from the minister to reconstitute Forest Advisory Committee (FAC) and prosecute officials responsible for violation of rights.
Campaign for Survival and Dignity wrote to the minster that in two cases, the current FAC recorded that a project had not complied with the law and recommended it anyway. It said that in most cases the law is ignored entirely. They said in the letter that these are criminal offences under the Forest Rights Act (FRA) and the Prevention of Corruption Act.
The letter said that in 2006, the Parliament unanimously passed the FRA, which sought to protect forest dwellers’ rights and to also recognise their authority and right to protect and manage forests.
‘Yet five years later your Ministry continues to brazenly abet the daylight robbery of people’s forests and resources. Lakhs of pepole have lost their homes and livelihoods to this robbery,’ said the letter.
They said that in particular the members of the FAC, who are supposed to examine whether a project can and should receive forest land, continue to recommend projects for diversion of forest land without any regard for the law. ‘Most recently they have recorded in their minutes that projects that have not complied with the Forest Rights Act should be given clearance nevertheless. Your Ministry continues to grant final clearance to such projects as well. Such actions are criminal offences under section 7 of the FRA and section 13(d)(iii) of the Prevention of Corruption Act,’ it said.
It said that the FAC decided twice – on 1 April, 2012 and 26 November, 2012 – that it should comply with the law, recorded the decision in its minutes, and has repeatedly proceeded to brazenly violate its own decision (as well as the law) in subsequent meetings.
The letter said that under the FRA, the FAC and Ministry’s officials are only allowed to approve / recommend any project after it: first, receives certificates from the concerned gram sabhas (village assemblies) that the implementation of the FRA is complete; and second, that the concerned gram sabhas give their informed consent to the diversion of forest land. It said that in addition to this, their are various correspondences from the Environment Ministry and others in this regard.
‘Yet, despite all this, in its last meeting on 21 and 22 December the FAC recommended the takeover of fully 4,600 hectares of land for various government and private projects without recording a single one to be compliant with the FRA. Moreover, in two projects – both by Mahanadi Coalfields in Orissa – the committee recorded that the 2009 order of the Ministry had not been complied with, and went on to recommend the project for clearance anyway,’ said the letter urging the minister to initiate criminal prosecution immediately against those responsible.
Those part of the Campaign for Survival and Dignity are – Purnima Upadhyay, KHOJ, Dist Amravati, Maharashtra, Roma, NFFPFW/ Human Rights Law Centre, Robersganj, UP, Tilottama Sarkar, Samrakshan Trust, MP, All India Forum for Forest Movements (AIFFM), Sharad Lele, Bangalore, Kanchi Kohli, Independent Researcher, New Delhi, Tushar Dash, Sumi Krishna, Bangalore, Kashtakari Sanghatna, Thane, Maharashtra, Kamgaar Va Majur Sangh, Maharashtra, Adivasi Jungal Janjeevan Andolan, Dadra and Nagar Haveli and Bharat Jan Andolan, Jharkhand.
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