Tribal Affairs on Environment: Rajya Sabha

Transcription

1 Tribal Affairs on Environment: Rajya Sabha Q. No. Q. Type Date Ans by Ministry Members Title of the Questions Subject Specific Politica l Party Shri Nand Kumar Sai *155 Starred Tribal Affairs State Representative Development of forest villages Agriculture BJP Chhattisgarh Freshwater and Marine Conservation Forest Conservation Water Management 003 Unstarred Tribal Affairs Shri Bhupender Yadav MSP for minor forest produce of tribals Environment and Forest Trade BJP Rajasthan 780 Unstarred Tribal Affairs Dr. Janardhan Waghmare Forest Right Act Forest Conservation NCP Maharashtra 3389 Unstarred Tribal Affairs Smt. Vasanthi Stanley Forest Rights Act Forest Conservation DMK Tamil Nadu 4015 Unstarred Tribal Affairs Shri Prabhat Jha Benefit of forest produce for tribal communities Environment and Forest Trade BJP Madhya *184 Starred Tribal Affairs Shri A.V. Swamy Problems of forest villagers in Odisha Forest Conservation IND. Odisha *75 Starred Tribal Affairs Shri A.V. Swamy Proposal for Lighting a Billion Lives Alternative Technologies IND. Odisha Energy Studies Environmental Education, NGOs and Media 911 Unstarred Tribal Affairs Dr. T.N. Seema Salient features of Forest Dwellers Act, 006 Environmental Conservation CPI(M Kerala Forest Conservation 468 Unstarred Tribal Affairs Shri Palvai Govardhan Reddy Forest Rights Act Environmental Conservation INC Andhra Environmental Education, NGOs and Media 469 Unstarred Tribal Affairs Shri Devender Goud T. Forest Conservation Drawbacks in implementation of Forest Rights Act Environmental Conservation TDP Andhra

2 Forest Conservation 471 Unstarred Tribal Affairs Smt. Jharna Das Baidya Implementation of Forest Dwellers Act, 006 Environmental Conservation CPI(M Tripura Forest Conservation 95 Unstarred Tribal Affairs Smt. Jharna Das Baidya Implementation of Forest Rights Act Environmental Conservation CPI(M Tripura Forest Conservation 97 Unstarred Tribal Affairs Smt. T. Ratna Bai Tribal families in the forest Agriculture INC Andhra Energy Studies Environmental Conservation Forest Conservation Health and Sanitation Water Management

3 DEVELOPMENT OF FOREST VILLAGES 7 th March, 013 RSQ *155 SHRI NAND KUMAR SAI (a whether any programme for development of forest villages has been implemented by Government in the country; (b if so, the details thereof; (c the number of forest villages/ habitations in various parts of the country, State-wise; (d the basic services and facilities provided under the said programme in various such villages/habitations; and (e the details of funds allocated, released and utilized under the said programme during the Eleventh Plan period and first year of the Twelfth Plan, so far? MINISTER OF TRIBAL AFFAIRS (SHRI V. KISHORE CHANDRA DEO (a to (e: A Statement is laid on the Table of the House. Statement referred to in reply to parts (a to (e of Rajya Sabha Starred Question No.*155 for answer on (a & (b: Ministry of Tribal Affairs had implemented programme for development of forest villages from as a one-time measure for integrated development of forest villages with a view to raise the Human Development Index (HDI of the inhabitants of the forest villages and for providing basic facilities and services in forest villages / habitations spread over twelve States in the country. The programme was implemented as a part of the Special Area Programme Special Central Assistance to Tribal Sub-Plan. The programme of development of forest villages included infrastructure works relating to basic services and facilities viz., approach roads, healthcare, primary education, minor irrigation, rain water harvesting, drinking water, sanitation, halls etc. and activities related to income generation. (c A statement showing the State-wise no. of forest villages / habitations in various parts of the country is enclosed as Annexure-I. (d The basic services and facilities provided under the said programme in various such villages / habitations include infrastructure works relating to basic services and facilities such as approach roads, healthcare, primary education, minor irrigation, rain-water harvesting, drinking water, sanitation, halls and activities related to income generation. (e A statement showing the funds allocated, released and utilized under the said programme during the 11th Five Year Plan period and the first year of 1th Five Year Plan (as on is enclosed as Annexure-II. ANNEXURE-I Annexure as referred to in the reply to part (c of the Rajya Sabha Starred Question No. *155 for reply on Statement showing total no. of forest villages /habitations in various states of the country identified for development S.N. States Total No. of Villages/Habitations 1 Assam 499 Chhattisgarh 45 3 Gujarat Jharkhand 4 6 Madhya 893

4 5 Meghalaya 3 7 Mizoram 85 8 Odisha 0 9 Tripura 6 10 Uttarakhand Uttar 13 1 West Bengal 170 Total,474 ANNEXURE-II Annexure as referred to in the reply at part (e of the Rajya Sabha Starred Question No. *155 for Statement Showing Allocation/Release and Utilization of Funds under the Programme of Development of Forest Villages under SCA to TSP during to and (Rs. in lakh S. N. States 11th Five Year Plan Period (Total Allocation : Relea Utilizat se ion (Total Allocation : # (Total Allocation : Relea Utilizat se ion (Total Allocation : Relea Utilizat se ion (Total Allocation : Relea Utilizat se ion Releas e Utilizat ion A B C D E F G H I J K L 1 Assam Chhattis garh 3 Gujarat Jharkhan d Madhya Meghala ya Mizoram Odisha Tripura Uttarakh and Uttar West Bengal Total # No funds were released during Note: No funds have been released during (till against total allocation of Rs. Nil

5 MSP FOR MINOR FOREST PRODUCE OF TRIBALS 14 th March, 013 RSQ 003 SHRI BHUPENDER YADAV (a whether Union Government has received proposals from various State Governments including Chhattisgarh to fix the Minimum Support Price (MSP for Minor Forest Produce of tribals; (b if so, the details thereof, along with the follow-up action taken thereon, State-wise; and (c the funds sanctioned and released and its utilization reported by State Governments for procurement of Minor Forest Produce at MSP during each of the last three years and current year? MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH (a & (b: The Government has not received any proposal to fix the Minimum Support Price (MSP for Minor Forest Produce (MFP. (c: Funds are sanctioned and released by the Ministry of Tribal Affairs under the Central Sector Scheme of Grants-in-Aid to State Tribal Development Cooperative Corporations (STDCCs for Minor Forest Produce (MFP Operations. Details of fund released by the Ministry and fund utilized by the States are at the Annex. Statement referred to in respect of part (c of the R.S.U.Q. No. 003 for regarding MSP for Minor Forest Produce of Tribals Details of fund released under the Central Sector Scheme of Grants-in-Aid to STDCCs etc. for Minor Forest Produce (MFP Operations by the Ministry and fund utilized by the States are as under:- Sl. No. State (Rs. in Lakh Fund Fund Fund Fund Fund Fund Fund released Utilized released Utilized released Utilized Released as on Andhra Assam Chhattisgarh Gujarat Himachal Kerala Madhya Maharashtra Meghalaya Orissa Tripura West Bengal Rajasthan Mizoram

6 FOREST RIGHT ACT 1 st March, 013 RSQ 780 DR. JANARDHAN WAGHMARE SHRI N.K. SINGH (a whether Government is proposing any measures to compensate the dilution of rights of tribal people as a result of the modification of the Forest Rights Act in respect of infrastructure projects; (b if so, the details thereof; and (c if not, reasons therefor? MINISTER OF STATE IN THE MINITRY OF TRIBAL AFFAIRS (SHRIMATI RANEE NARAH (a : No, Madam. There is no proposal for modification of Forest Rights Act. (b & (c: Do not arise in view of reply to part (a, above. FOREST RIGHTS ACT 5 th April, 013 RSQ 3389 SHRI VASANTHI STANLEY (a (b and whether the Ministry has any plan for amending the Forest Rights Act; whether the Ministry tends to dilute the rights of the tribals by their notification dated 5th February; (c whether any one has challenged this notification? MINISTER OF STATE IN THE MINITRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH (a : No, Sir. (b : As per Ministry of Environment & Forests letter No. 11-9/98-FC(Pt. dated 5th February, 013, the proposals seeking prior approval of Central Government under the Forest (Conservation Act, 1980 for projects like construction of roads, canals, laying of pipelines/optical fibers and transmission lines etc. where linear diversion of use of forest land in several villages are involved, unless recognized rights of Primitive Tribal Groups and Pre-Agricultural Communities are being affected, are exempted from the requirement of obtaining consent of the concerned Gram Sabha(s as stipulated in clause (c read with clause (b, (e and (f in second para of Ministry of Environment & Forests letter of the same number dated (c: Ministry of Environment & Forests have informed they do not have any information regarding any one having challenged their letter dated BENEFIT OF FOREST PRODUCE FOR TRIBAL COMMUNITIES nd May, 013 RSQ 4015 SHRI PRABHAT JHA

7 (a whether it is a fact that due to factors such as not getting a good price and lack of Governmental protection, the tribal in India gets deprived of real economic benefit of forest produce; (b if so, the initiatives taken by Government during the last five years in the direction of providing real economic benefit for forest produce to tribal ; (c whether it is a fact that Government had declared to fix the Minimum Support Price (MSP for forest produce; and (d if so, whether it has been implemented and if not implemented, the reasons therefor and by when it is likely to be implemented? MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH (a to (d: The Tribal is not getting good returns of the Minor Forest Produce (MFP they collect because MFP market is highly unorganized and its trade is mostly in the hands of private traders. Absence of organized competitive market, lack of marketing infrastructure, perishable nature of the MFP etc. are the other factors that force the tribals to sell their produce at low cost. The Government has taken several steps during the last five years to provide remunerative price for MFP to the tribals. A landmark legislation passed by the Government in this direction is the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, (FRA 006 which, inter-alia, provides right of ownership, access to collect, use and disposal of Minor Forest Produce which has been traditionally collected within or outside the village boundaries. The Central Government constituted a committee under the chairmanship of Dr. T. Haque in August, 010 to examine the issue of ownership, price fixation, value addition and marketing of Minor Forest Produce. Another committee chaired by Mrs. Sudha Pillai was set up in September, 010 to consider the recommendations of Haque Committee. Based on the recommendations of above committees and several subsequent deliberations with State Governments and Stake Holder Ministries of Government of India, the Ministry of Tribal Affairs has prepared a scheme for introduction of Minimum Support Price (MSP for Minor Forest Produce (MFP, which has already been approved by the Expenditure Finance Committee (EFC for implementation during the 1th Five Year Plan period. PROBLEMS OF FOREST VILLAGERS IN ODISHA nd August, 013 RSQ *184 SHRI A.V. SWAMY (a whether Government is aware that tribals and other traditional dwellers living in about 600 forest villages in Odisha are denied the privileges of Forest Land Rights Act and normal rural development activities and are treated as encroachers of the land in which they have been living for centuries, and if so, the details in this regard; and (b the measures taken or proposed to be taken by Government to recognize such villages as revenue villages and give their entitlement? MINISTER OF TRIBAL AFFAIRS (SHRI V. KISHORE CHANDRA DEO (a to (b: A statement is laid on the Table of the House. Statement referred to in reply to parts (a & (b of Rajya Sabha Starred Question No. *184 (4th position for answer on tabled by Shri A.V. Swamy, MP regarding Problems of forest villagers in Odisha. (a: The Government of Odisha has informed that as per the information maintained by the State Forest & Environment Department, there are 0 forest villages in Odisha. Out of 0 forest villages proposed for conversion of 13 villages from forest to revenue were sent to Government of India, Ministry of Environment & Forests and since the remaining 7 villages are located inside the sanctuary, no proposal has been submitted to Government of India, Ministry of Environment & Forests in view of the directives of the Apex Court. The Ministry of Tribal Affairs does not maintain forest village-wise data. As per the information collected from the

8 Government of Odisha, a total number of 5,30,559 claims were filed by the forest dwelling Scheduled Tribes and other traditional forest dwellers under the Forest Rights Act, 006 and a total number of 3,0,910 titles were distributed till 31st July, 013. The State Government has further informed that a total number of 1,89,774 forest rights title holders have been covered under various development programmes, such as, Indira Awas Yojana, Mo Kudia, Mo Pokhari, Land Development under MGNREGS, National Horticulture Mission, National Bamboo Mission and other programmes. Further, required rural development activities have been taken up in all the forest villages. (b: The Ministry has issued guidelines on and notified the Forest Rights Amendment Rules, 01 on inter-alia impressing upon the State/UT Governments to convert all forest villages, unrecorded settlements and old habitations into revenue villages with a sense of urgency in a time bound manner. The conversion would include the actual land use of the village in its entirety, including lands required for current or future uses, like, schools, health facilities, public spaces etc. As far as entitlements are concerned, the State Government has informed that all social security measures like pension, PDS facilities etc. are extended to the members of the forest villages. Over and above this, the Panchayat and Panchayat Samiti take up infrastructure development as well as wage employment programme in these forest villages. PROPOSAL FOR LIGHTING A BILLION LIVES 9 th August, 013 RSQ *75 SHRI A.V. SWAMY (a whether Government has received a proposal under the caption "Lighting A Billion Lives" for electrification of 500 villages and 500 Scheduled Tribe residential schools in Particularly Vulnerable Tribal Groups (PVTG and Tribal Sub Plan Area (TSPA of Odisha using solar energy with the help of Tata Energy and Resources Institute (TERI; and (b if so, how soon the project is likely to be approved and if not, the reasons therefor? MINISTER OF TRIBAL AFFAIRS (SHRI V. KISHORE CHANDRA DEO (a & (b: A statement is laid on the Table of the House. Statement referred to in reply to parts (a & (b of Rajya Sabha Starred Question No.*75 for answer on (a & (b: The Government of Odisha had forwarded a project proposal for electrifying 500 villages and 500 ST Residential Schools in Particularly Vulnerable Tribal Groups (PVTGs and Tribal Sub-Plan Area of Odisha using solar energy with the help of The Energy and Resources Institute, New Delhi (TERI proposed to be funded under Grants under Article 75(1 of Constitution of India which could not be considered during Similar proposal was received in 01 from the said Government for consideration and approval as an innovative project under Grants under Article 75(1 of Constitution of India. However, due to reduction of budget of Ministry of Tribal Affairs, no proposal for innovative projects under Grants under Article 75(1 of Constitution of India from any State Government could be approved during The State Government has revised the said proposal and has sent it in August, 013 for consideration of this Ministry during Release of funds for innovative projects under Grants under Article 75(1 of Constitution of India is an ongoing and continuous process in accordance with the guidelines and established procedures, subject to fulfillment of certain terms and conditions including availability of funds. Therefore, no time limit can be indicated for the approval and release. SALIENT FEATURES OF FOREST DWELLERS ACT, th December, 013 RSQ 911

9 DR. T.N. SEEMA (a the number of tribal people in the country including Chhattisgarh, Jharkhand and Odisha, State/Union Territory-wise; (b the details of the initiatives taken by Government to bring tribal people into the mainstream of the country; (c the salient features of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 and the modalities worked out to grant rights to forest dwellers; and (d whether Forest Dwellers Act, 006 is being violated due to coal mining in the country; and if so, the complaints received in this regard from tribal communities in the country, State-wise during the last four years and the current year? MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH (a: The number of tribal people in the country including Chhattisgarh, Jharkhand and Odisha, State/Union Territory-wise, as per Census 011, is at Annexure-I. (b: The programmes and schemes of the Ministry of Tribal Affairs are intended to support and supplement, through financial assistance, the efforts of other Central Ministries, the State Governments and voluntary organizations and to fill critical gaps taking into account the needs of ST. This Ministry also complements the efforts of other Central Ministries by way of various developmental interventions in critical sectors through specially tailored schemes which are for the economic, educational and social development of the Scheduled Tribes. Recently, the Government has constituted a High Level Committee to prepare a report on the socio-economic, health and educational status of the tribal communities in India. (c: the salient features of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 and the modalities worked out to grant rights to forest dwellers are as follows: (1 Section 3 of the Act lists the rights which shall be the forest rights of the forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers. These forest rights are: (a right to hold and live in the forest land under the or common occupation for habitation or for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dweller; (b rights such as nistar, by whatever name called, including those used in erstwhile Princely States, Zamindari or such intermediary regimes; (c right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries; (d other rights of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant and traditional seasonal resource access of nomadic or pastoralist communities; (e rights including tenures of habitat and habitation for primitive tribal groups and preagricultural communities; (f rights in or over disputed lands under any nomenclature in any State where claims are disputed; (g rights for conversion of Pattas or leases or grants issued by any local authority or any State Government on forest lands to titles; (h rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages; (i right to protect, regenerate or conserve or manage any forest resource which they have been traditionally protecting and conserving for sustainable use; (j rights which are recognized under any State law or laws of any Autonomous District Council or Autonomous Regional Council or which are accepted as rights of tribals under any traditional or customary law of the concerned tribes of any State;

10 (k right of access to biodiversity and right to intellectual property and traditional knowledge related to biodiversity and cultural diversity; (l any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or other traditional forest dwellers, as the case may be which are not mentioned in clause (a to (k but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal; (m right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other Traditional forest dwellers have been illegally evicted or displaced form forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 005. ( Section 3( of the Act provides for diversion of forest land for certain facilities managed by the Government notwithstanding anything contained in the Forest Conservation Act,1980 and which involve felling of trees not exceeding seventy five trees per hectare and the forest land to be diverted for the purpose is less than one hectare and the clearance of such development project is recommended by the Gram Sabha. (3 Section 4(1 of the Act recognizes and vests forest rights in forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers notwithstanding anything contained in any other law for the time being in force. (4 Section 4( of the Act provides for modification or resettlement of forest rights in critical wildlife habitats of National Parks and Sanctuaries for the purpose of creating inviolate areas for wildlife conservation subject to fulfilment of conditions such as process of recognition of rights is complete in all the areas under consideration, no other reasonable option exists, it has been established that the activities or the impact of the present right holders will cause irreversible damage and threaten the existence of wildlife and their habitat, free and informed consent of the concerned Gram Sabhas has been obtained, resettlement or alternative package has been prepared and communicated that provides a secure livelihood for the affected s and communities and fulfils the requirements of such affected families and communities given in the relevant laws and policy of the Central Government, and the resettlement should take place only after the facilities and land allocation at the resettlement location are complete. It is also provided that critical wildlife habitats from which right holders are relocated shall not be shall not be subsequently diverted for other users. (5 Section 4(3 of the Act subjects the recognition and vesting of the forest rights to the condition that the forest dwelling Scheduled Tribes or Other Traditional Forest Dwellers had occupied the forest land before the 13th day of December,005. Section 4(4 stipulates that the rights conferred under this Act shall be heritable but not alienable or transferable and shall be registered jointly in the name of both the spouses in case of married persons. (6 A very important and crucial safeguard has been provided to the forest right holders vide Section 4(5 which mandates that no forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers shall be evicted or removed from the forest land under his occupation till the recognition and verification procedure is complete. (7 The right to hold and live in the forest land under the or common occupation for habitation and for self-cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribes or Other Traditional Forest Dwellers shall be restricted to area under actual occupation and shall in no case exceed an area of four hectares as per Section 4(6 of the Act. Section 4(7 of the Act provides that forest rights shall be conferred free from all encumbrances and procedural requirements. (8 The forest rights recognized and vested under this Act includes the right of land to forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition as per Section 4(8 of the Act. (9 Section 5 of the Act empowers the holders of forest rights, the Gram Sabha and the village level institutions to (a protect the wildlife, forest and bio-diversity (b ensure that adjoining catchment area, water sources and other ecological sensitive areas are adequately protected (c ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage and (d ensure that the decisions taken in the Gram Sabha to regulate access to forest resources and stop any activity which adversely affects the wild animals and the bio-diversity are complied with. (10 Section 6 (Chapter IV of the Act deals with the authorities and procedures to vest forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers. There is a three tier structure of authorities to vest forest rights, the Gram Sabha is the initiating authority for determining the nature and extent of or forest rights or both that may be given to the forest dwelling Scheduled Tribes and other traditional forest dwellers. The Sub-Divisional Level Committee examines the resolution passed by the Gram Sabha and forwards it to the District Level Committee for the final decision. Any person aggrieved by the resolution of the Gram Sabha may prefer a petition to the Sub-Divisional Level Committee and any person aggrieved by the decision of the Sub-Divisional Level Committee may prefer a petition to the District Level

11 Committee. The decision of the District Level Committee on the record of forest rights is final and binding. There is a State Level Monitoring Committee to monitor the process of recognition and vesting of forest rights and to submit to the nodal agency such returns and reports as may be called by that agency. (11 Section 7 of the Act has a provision for punishment of any authority or officer for contravention of any provision of this Act or any rule made thereunder. (1 The Ministry of Tribal Affairs, Government of India is the nodal agency for the implementation of this Act as per Section 11 of the Act. (13 Section 1 empowers the Central Government to issue directions to the authorities referred to in Chapter IV of the Act. (14 As per Section 13 of the Act, the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. (d: The Ministry of Tribal Affairs has received complaints alleging allotment of coal blocks in Chhattisgarh and Madhya in violation of the instructions issued by the Ministry of Environment & Forests to the State/UT Governments, vide their letter No.11-9/98-FC(pt. dated , as modified on , regarding compliance of the provisions of the Forest Rights Act, 006 while formulating unconditional proposal for diversion of forest land for non-forest purposes under the Forest (Conservation Act, Details of the complaints received and the action taken thereon are indicated in the Annexure-II. Annexure-I Annexure referred to in part (a of the Rajya Sabha Unstarred Question No. 911 for answer on State/Union Territory-wise population of Tribals in India Sl.No. State ST Population India (Excl. 3 Sub-divisions of Senapati Distt. of Manipur JAMMU & KASHMIR HIMACHAL PRADESH PUNJAB 0 04 CHANDIGARH 0 05 UTTARAKHAND HARYANA 0 07 NCT OF DELHI 0 08 RAJASTHAN UTTAR PRADESH BIHAR SIKKIM ARUNACHAL PRADESH NAGALAND MANIPUR MIZORAM TRIPURA MEGHALAYA ASSAM WEST BENGAL JHARKHAND ODISHA CHHATTISGARH MADHYA PRADESH GUJARAT DAMAN & DIU DADRA & NAGAR HAVELI MAHARASHTRA ANDHRA PRADESH KARNATAKA GOA LAKSHADWEEP KERALA TAMIL NADU PUDUCHERRY 0

12 35 ANDAMAN & NICOBAR ISLANDS 8530 Source : RGI Annexure-II Annexure referred in reply to part (d of the Rajya Sabha Unstarred Question No. 911 for answer on Sl.No. Details of the complaint Nature of allegation/ complaint Action taken 1. Letters dated from Shri Laxmi Chauhan, Secretary, Sarthak, Independent Organisation of Experts, Plot No.06, Rajshee Complex, Beside Punjab National Bank, Main Road Kosabadi-Korba, Distt. Korba (Chhattisgarh. Letter dated , from Green Peace Environment Trust, 60 Wellington Street, Richmond Town, Bangalore , forwarded by the Lok Sabha Secretariat (Standing Committee on Social Justice & Empowerment Branch. Alleging allotment of Kesla North Captive Coal Block to M/s. Rathi Steel & Power and Durgapur-II/ Taraimar Captive Coal Block to BALCO in violation of the provisions of Ministry of Environment & Forests letter dated relating to compliance of the provisions of Forest Rights Act, 006 and the provisions of Chhattisgarh Panchayati Raj Act. Alleging grant of in principle (Stage-I approval by the Ministry of Environment & Forests for diversion of forest land for non-forest use under the Forest (Conservation Act, 1980 for the Mahan Coal Block in Singrauli District of Madhya, without recognition of the forest rights of the villagers under the Forest Rights Act, 006, as required under the circular dated of the Ministry of Environment & Forests. The Ministry has sent the copies of the letters to Government of Chhattisgarh on for necessary action and sending an appropriate reply to the complainant under intimation to this Ministry. The Ministry has sent a copy of the letter to Government of Madhya and also to the Ministry of Environment & Forests on for necessary action and furnishing comments to the Ministry on the issues raised therein. Earlier, the Hon ble Minister of Tribal Affairs has also written to the Chief Minister of Madhya on and to the Governor of Madhya on for remedial action in the matter. FOREST RIGHTS ACT 13 th February, 014 RSQ 468 SHRI PALVAI GOVARDHAN REDDY (a (b and the details of tribal people who have been given the forest rights under the Forest Act. State-wise; whether it is a fact that many claims are still pending before the Ministry, if so, the reasons therefor; (c the efforts the Ministry is making to quicken the process of giving forest rights to tribals and forest dwellers? MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRIMATI RANEE NARAH (a: Details of the claims received and the number of title deeds distributed/ready for distribution in respect of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006, State-wise, as on , are given in Annexure. (b: The responsibility for implementing the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 lies with the State/UT Governments. Hence, no claim is pending before the Ministry.

13 (c: The Ministry has been interacting with all the State/UT Governments regularly urging them to take all necessary steps for expeditious implementation of the Act. Though substantial progress has been made towards implementation of the Act over the years and as many as 14,18,078 titles have been distributed against 36,54,40 claims filed under the Act till 31st December, 013, the Ministry had noticed certain lacuna and bottlenecks that were impeding the intended flow of benefits of this welfare legislation to the forest dwelling communities. The Ministry has, therefore, brought about appropriate change in the Rules on and issued guidelines on to ease out the problems and hindrances encountered in the implementation of the Act, and to provide unencumbered access to rights already conferred by the Act. After the amendments in the Rules, the Ministry organized five regional consultations followed by a National meeting in 01 and also organized three theme based regional consultations during 013 wherein efforts to create awareness; time bound disposal of claims and recognizing genuine claims and vesting rights therein was emphasized. Annexure Annexure referred to in reply to part (a of the Rajya Sabha Unstarred Question No. 468 for tabled by Shri Palvai Goverdhan Reddy regarding Forest Rights Act Statement showing state-wise number of claims and distribution of title deeds under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 (As on Sl. No. States 1. Andhra No. of Claims received 4,11,01 (4,00,053 and 10,959. Arunachal 3. Assam 1,31,911 (1,6,718 and 5,193 No. of Titles Distributed 1,69,370 (1,67,63 and,107 No. of Claims Rejected Total No. of Claims Disposed off / % respect of claims received 1,65,466 3,34,836 (81.46% ,67 (35,407 and ,669 73,936 (56.04% 4. Bihar, ,644 1,67 (57.06% 5. Chhattisgarh 7,56,06 3,06,184 4,3,149 7,9,333 (96.46% 6. Goa Gujarat 1,91,59 (1,8,869 4,75 (40,994 18,394(13,5 61,146 and 8,73 and 1,758 and (31.91%,14 8. Himachal 5,69 346,160,506 (44.0% 9. Jharkhand 4,003 15,96 16,958 3,54 (76.78% 10. Karnataka 1,81,768 (1,78,846 6,613 (6,519 1,59,080 1,65,693 and,9 and 94 (1,56,841 and (91.15% 11. Kerala 37,535 (36,140 and 1, Madhya 4,98,346 (4,80,551 and 17, Maharashtra 3,46,30 (3,41,085 and 5,145 3,167 (3,163 and 4 1,83,608 distributed (1,7,539, 11,069 Community and 9,17 ready 1,03,797 (1,01,46 and,371,39 4,5 7,419 (73.04%,78,887 (ST-40.90% (OTD-96.6%,33,70 (,31,641,079 and 4,6,495 (9.80 % 3,37,517 (97.48%

14 Sl. No. States No. of Claims received No. of Titles Distributed No. of Claims Rejected 14. Manipur Meghalaya Mizoram Orissa 5,45,79 (5,34,75 and 11, Rajasthan 69,769 (69,1 and 647 3,8,580 distributed (3,5,449 and 3,131 34,040 (33,980 and 60 1,39,519 (1,38,905 and ,410 67, Sikkim Tamil Nadu 1,781 (18,40 (3,73 titles are - - and 3,361 ready 1. Tripura 1,8,617 (1,8,340 and 77. Uttar 9,433 (91,98 Individual and 1,135 1,0,473 (1,0,418 and 55 17,705 (16,891 and 814 1,384 (1,164 and 0 Total No. of Claims Disposed off / % respect of claims received 4,68,099 (85.84 % 1,41,857 (77.68% 73,08 90,733 (98.16% 3. Uttarakhand (0.54 % 4. West Bengal 1,37,78 (1,9,454 9,85 (9,744 79,891 1,09,743 and 7,84 and 108 (79.94% and,969 titles are ready 5. A & N Islands Daman & Diu Dadra & Nagar Haveli Total 36,54,40 (35,78,040 and 76,380 14,18,078 (13,95,647 and,431 and 15,864 ready for distribution 16,88,61 (16,78,318 10,94 and 31,06,690 (85.01% (96.67% DRAWBACKS IN IMPLEMENTATION OF FOREST RIGHTS ACT 13 th February, 014 RSQ 469 SHRI DEVENDER GOUD T. Will the Minister of TRIBAL AFFAIRS be pleased to state: (a the details of drawbacks that the Ministry has identified in implementation of the Forest Rights Act, and; (b why cannot the Ministry bring amendments to the above Act so as to give rights to tribals and forest dwellers easier and make industries, etc. take their consent if at all they want to start any activity in tribal areas? MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH (a & (b: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 was notified for operation w.e.f. 31st December, 007. The responsibility for implementing the Act

15 lies with the State/UT Governments. The Ministry has been interacting with all the State/UT Governments regularly urging them to take all necessary steps for expeditious implementation of the Act. Though substantial progress has been made towards implementation of the Act over the years and as many as 14,18,078 titles have been distributed against 36,54,40 claims filed under the Act till 31st December, 013, the Ministry had noticed certain lacuna and bottlenecks that were impeding the intended flow of benefits of this welfare legislation to the forest dwelling communities. The Ministry has, therefore, brought about appropriate change in the Rules on and issued guidelines on to ease out the problems and hindrances encountered in the implementation of the Act, and to provide unencumbered access to rights already conferred by the Act. After the amendments in the Rules, the Ministry organized five regional consultations followed by a National meeting in 01 and also organized three theme based regional consultations during 013 wherein efforts to create awareness; time bound disposal of claims and recognizing genuine claims and vesting rights therein was emphasized. IMPLEMENTATION OF FOREST DWELLERS ACT, th February, 014 RSQ 471 SHRIMATI JHARNA DAS BAIDYA (a the details of the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 as on 31 October, 013, State-wise; (b the number of claim filled, accepted and sanctioned by Government under the said Act during each of the last three years, State-wise and UT-wise; (c (d whether deficiencies and other malpractices have been noticed in the implementation of the Act; and if so, the steps taken by the Government for the implementation of this Act? MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH (a: Details of the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006, State-wise, as on 31st October, 013, are given in Annexure-I. (b: The details of number of claim filled, accepted and sanctioned by Government under the said Act during each of the last three years, State-wise and UT-wise, are given in Annexure-II. (c & (d: the Ministry had noticed certain lacuna and bottlenecks that were impeding the intended flow of benefits of this welfare legislation to the forest dwelling communities. The Ministry has, therefore, brought about appropriate change in the Rules on and issued guidelines on to ease out the problems and hindrances encountered in the implementation of the Act, and to provide unencumbered access to rights already conferred by the Act. After the amendments in the Rules, the Ministry organized five regional consultations followed by a National meeting in 01 and also organized three theme based regional consultations during 013 wherein efforts to create awareness; time bound disposal of claims and recognizing genuine claims and vesting rights therein was emphasized. Annexure - I Annexure referred to in reply to part (a of the Rajya Sabha Unstarred Question No. 471 for tabled by Shrimati Jharna Das Baidya regarding Implementation of Forest Dwellers Act, 006. Statement of claims and distribution of title deeds under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 Sl. No. States 1. Andhra No. of Claims received 3,30,479 (3,3,765 and 6,714 No. of Titles Distributed 1,67,797 (1,65,691 and,106 (As on Total No. of Claims Disposed No. of Claims off / % respect Rejected of claims received 1,53,438 3,1,35

16 Sl. No. States No. of Claims received. Arunachal 3. Assam 1,31,911 (1,6,718 and 5,193 No. of Titles Distributed No. of Claims Rejected Total No. of Claims Disposed off / % respect of claims received (97.0% ,67 (35,407 and ,669 73,936 (56.04% 4. Bihar, ,644 1,67 (57.06% 5. Chhattisgarh 7,56,06 3,06,184 4,3,149 7,9,333 (96.46% 6. Goa Gujarat 1,91,59 (1,8,869 and 8,73 4,75 (40,994 and 1,758 18,394(13,5 and 5,14 61,146 (31.91% 8. Himachal 5,69 346,160,506 (44.0% 9. Jharkhand 4,003 15,96 16,958 3,54 (76.78% 10. Karnataka 1,74,44 (1,71,5 6,581(6,487 1,58,39 1,64,910 and,90 and 94 (1,56,114 and,15 (94.53% 11. Kerala 37,535 (36,140 and 1, Madhya 4,8,357 (4,64,56 and 17, Maharashtra 3,46,30 (3,41,085 and 5,145 3,167 (3,163 and 4 1,81,684 distributed (1,70,660, 11,04 Community and 9,914 ready 1,03,797 (1,01,46 and,371 4,5 7,419 (73.04%,78,387 (ST-4.80% (OTD-96.6%,33,70 (,31,641 and, Manipur Meghalaya Mizoram Orissa 5,4,103 (5,31,099 and 11, Rajasthan 69,677 (69,140 and 537 3,4,880 distributed (3,1,749 and 3,131 33,646 (33,586 and 60 1,39,519 (1,38,905 and 614 4,60,071 (95.37 % 3,37,517 (97.48% 4,64,399 (85.66 % 31,966 65,61 (94.16% 19. Sikkim Tamil Nadu 1,781 (18,40 (3,73 titles are - - and 3,361 ready 1. Tripura 1,8,617 (1,8,340 and 77 1,0,473 (1,0,418 and 55 1,384 (1,164 and 0 1,41,857 (77.68%. Uttar 9,433 (91,98 Individual and 1,135 17,705 (16,891 and ,08 90,733 (98.16%

17 Sl. No. States No. of Claims received No. of Titles Distributed No. of Claims Rejected Total No. of Claims Disposed off / % respect of received 3. Uttarakhand (0.54 % 4. West Bengal 1,37,78 (1,9,454 and 7,84 5. A & N Islands 6. Daman & Diu 7. Dadra & Nagar Haveli Total 9,85 (9,744 79,891 1,09,743 and 108 and (79.94%,969 titles are ready ,47,304 (34,75,81 and 7,03 14,10,455 (13,88,070 and,385 and 16,606 ready for distribution 16,73,889 (16,63,619 and 10,70 30,84,344 (86.94% claims Annexure II Annexure referred to in reply to part (b of the Rajya Sabha Unstarred Question No. 471 for tabled by Shrimati Jharna Das Baidya regarding Implementation of Forest Dwellers Act, 006. Status of number of claims filed, accepted and sanctioned by Government under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 during each of last three years, state-wise/ut wise Sl. No. Name the State 1 Andhra of Number of Number of Number of Number of Number of Claims received Titles distributed Claims received Titles distributed Claims received 3,30,479 1,67,797 3,30,479 1,67,797 4,11,01 (3,3,765 (1,65,691 (3,3,765 (1,65,691 (4,00,053 and 6,714 and,106 and 6,714 and,106 and 10,959 Number of Titles distributed 1,69,370 (1,67,63 and,107 Arunachal Assam 1,31,911 (1,6,718 and 5,193 36,67 (35,407 and 860 1,31,911 (1,6,718 and 5,193 36,67 (35,407 and 860 1,31,911 (1,6,718 and 5,193 36,67 (35,407 and Bihar,343,930 8, Chhattisgarh 4,9,068 (4,87,33 and 4,736,15,443 (,14,668 and 775 4,9,068 (4,87,33 and 4,736,15,443 (,14,668 and 775 7,56,06 3,06,184

18 6 Goa Gujarat 1,91,59 (1,8,869 and 8,73 39,784 (38,176 and 1,608 1,91,59 (1,8,869 and 8,73 4,75 (40,994 and 1,758 1,91,59 (1,8,869 and 8,73 4,75 (40,994 and 1,758 8 Himachal 5,633 (5,355 and , , Jharkhand 34,936 13,357 4,003 15,96 4,003 15,96 10 Karnataka 1,63,090 (1,60,305 and,785 6,53 (6,5 and 1 1,63,30 (1,60,403 and,917 6,88(6,35 and 53 1,81,768 (1,78,846 and,9 6,613 (6,519 and Kerala 37,509 (36,140 and 1,369 0,71 37,535 (36,140 and 1,395 3,167 (3,163 and 4 37,535 (36,140 and 1,395 3,167 (3,163 and 4 1 Madhya 4,49,414 (4,40,497 and 8,917 1,54,090 distributed and 10,718 are ready 4,64,63(4,51,49 8 and 13,15 1,71,673 distributed and 7,58 title deeds are ready to be distribution 4,98,346 (4,80,551 and 17,795 1,83,608 distributed (1,7,539, 11,069 Community and 9,17 ready 1 3 Maharashtr a 3,39,689 (3,35,701 and 3,988 1,04,767 (1,04,344 and 43 3,44,330 (3,39,89 5,041 and 99,368 (98,335 and 1,033 3,46,30 (3,41,085 and 5,145 1,03,797 (1,01,46 and, Manipur Meghalaya Mizoram Orissa 4,93,5 (4,91,03 and,319,94,63 distributed (,93,85 5,3,464 (5,9,160 3,304 and 3,01,00 distributed (3,00,31 5,45,79 (5,34,75 and 11,004 3,8,580 distributed (3,5,449

19 and 798 and 879 and 3, Rajasthan 64,844 (64,510 and ,35 (30,80 and 45 64,4 (64,076 and 346 3,080 (3,07 and 53 69,769 (69,1 and ,040 (33,980 and Sikkim Tamil Nadu 1,781 (18,40 and 3,361 (3,73 titles ready are 1,781 (18,40 and 3,361 (3,73 titles ready are 1,781 (18,40 and 3,361 (3,73 titles are ready 1 Tripura 1,79,639 (1,79,36 and 77 1,19,437 (1,19,38 and 55 1,8,617 (1,8,340 and 77 1,0,473 (1,0,418 and 55 1,8,617 (1,8,340 and 77 1,0,473 (1,0,418 and 55 Uttar 9,419 (91,98 Individual and 1,11 13,93 (13,13 and 791 9,433 (91,98 Individual and 1,135 17,705 (16,891 and 814 9,433 (91,98 Individual and 1,135 17,705 (16,891 and Uttarakhan d West Bengal 1,37,78 (1,9,454 and 7,84 9,070 (8,96 and 108 and 3,163 titles are ready 1,37,78 (1,9,454 7,84 and 9,53 (9,44 and 108 and 3,88 titles are ready 1,37,78 (1,9,454 and 7,84 9,85 (9,744 and 108 and,969 titles are ready 5 A & N Islands Daman Diu & Dadra Nagar Haveli &

20 TOTAL 31,68,39 1,46,147 distributed and 17,604 ready 3,37,656 (31,73,565 and 64,091 1,79,009 distributed and 14,539 ready 36,54,40 (35,78,040 and 76,380 14,18,078 (13,95,647 and,431 and 15,864 ready for distribution IMPLEMENTATION OF FOREST RIGHTS ACT 0 th February, 014 RSQ 95 SHRIMATI JHARNA DAS BAIDYA (a the details of State Government who have not taken proper care for implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 along with action taken or proposed to be taken in this regard; (b whether the tribal lands have been transferred in violation of rules, to the various industries and whether tribals are being uprooted from their original sites of dwelling in the name of development in the country, if so, the details thereof, State-wise along with the reasons thereof; and (c the steps taken/being taken in this regard? MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH (a: As per the information available with the Ministry of Tribal Affairs, the States have progressed in varying degrees in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006, as on , is at Annexure. The responsibility for implementing the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act, 006 lies with the State/UT Governments. The Ministry has been interacting with all the State/UT Governments regularly urging them to take all necessary steps for expeditious implementation of the Act. Review meetings with the concerned officers of the State Governments and UT Administrations are being held at regular intervals. The officers of the Ministry are also visiting the States to assess and guide the pace of implementation. (b: (c: No such cases have come to the notice of the Ministry of Tribal Affairs. In view of reply to part (b above, question do not arise.

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22 TRIBAL FAMILIES IN THE FOREST 0 th February, 014 RSQ 97 SHRIMATI T. RATNA BAI (a whether it is a fact that many tribal families in the country are staying in adverse living conditions in the forests, if so, the details thereof and the reasons therefor; and (b the steps being taken to correct the situation with some action plan in coordination with State Governments? MINISTRY OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRIMATI RANEE NARAH (a & (b: lt was recognized that the adverse living conditions of many tribal families living in forests was on account of non-recognition and vesting of pre-existing rights. To address this, a landmark legislation viz. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act 006 has been enacted by the Ministry to recognize and vest the forest rights and occupation of forest land in forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers who have been residing in such forests for generations but whose rights could not be recorded. This Act not only recognizes the rights to hold and live in the forest land under the or common occupation for habitation or for self-cultivation for livelihood, but also grants several other rights to ensure their control over forest resources which inter-alia include right of ownership, access to collect, use and dispose of minor forest produce, rights such as nistar; habitat rights for primitive tribal groups and pre-agricultural communities; right to protect, regenerate or conserve or manage any