After a major tug of war not just between the environment and forest ministry and the tribal welfare ministry but also between the Sonia Gandhi-headed National Advisory Council (NAC) and the brigade of young MPs led by Rahul Gandhi, the Scheduled Tribes (Recognition of Forest Rights) Bill, 2005 was finally tabled in Parliament. |
The Bill seeks to secure forest and occupation rights for Scheduled Tribes living in forests for generations. |
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Young MPs and later the environment ministry too linked the Bill with the dwindling population of tigers and wildlife in the reserved forests and opposed granting of occupation rights to tribals. |
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The Bill, however, went through several drafts and, in its present form, guarantees these tribes the right to live and use the minor forest produce in a sustained manner. This recognises an injustice that was perpetrated on these tribals. |
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The Bill assures these tribes the right to convert forest villages into revenue villages, to convert leases to titles and rights of settlement and pass on the right to future generations. It will be non-transferable in cases where the relationship is commercial. |
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The Bill also has the provision of a four-tier system to be set up by the state government wherein the Gram Sabha settles the issue of titles (not more than two and a half hectares per nuclear family) and is further monitored by a sub- division and a district level committees. These are going to be under a state-level monitoring committee. |
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In what is going to like a red flag to the bull, the forest dwelling tribes have also been vested with the responsibility of guarding the forests. |
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According to a clause dealing with the "duties of holders of forest rights" they are to ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity which adversely affects the wildlife, animals, forest and biodiversity are complied with. |
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According to activists, this clause in effect, asks tribals to do the job of the state without vesting any punitive powers on them. "How can you expect tribals to stop poaching when they operate in such an organised manner. When the government with all its machinery is stumped," asked an activist. |
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The tribal rights' Bill is to come up for discussion soon and a lot of fireworks is expected to take place. With wild life enthusiasts ranged against tribal rights activists, the Bill is in for a stormy debate. |
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