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SCHEDULED TRIBES (RECOGNITION OF FOREST RIGHTS) BILL, 2005
Scheduled Tribes (Recognition of Forest Rights) Bill, 2005, better known as the Tribal Bill, is a step away from becoming law after the Cabinet on December 7th gave clearance to the amendments sought in the year-old Bill.
The objective of the Bill is,
- to provide the tribal people rights to forest land already occupied by them,
- to secure access to forest produce essential for their survival and livelihoods.
In 2005, after a considerably acrimonious public debate, the Ministry of Tribal Affairs had tabled the Scheduled Tribes (Recognition of Forest Rights) Bill for parliamentary approval.
On May 23, 2006, a Joint Parliamentary Committee (JPC) presented to the Lok Sabha and the Rajya Sabha one of independent India's most important pieces of draft legislation: the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Bill, 2006.
The two contentious points that the Joint Parliamentary committee (JPC) had recommended have been retained:
- the cut-off date for consideration for land rights is December 2005 for all tribals, and
- the Bill would also recognise non-tribal traditional forest-dwellers provided they prove they have lived there for three generations.
The four major amendments expressed strongly by the JPC
were:
- The process of determining rights: It should be the Gram Sabha which would determine rights. Higher bodies can deal with disputes or accusations of false decisions.
- Exclusion of non-STs: The Bill limited itself to STs. The JPC said it ignored the large population of non-ST forest-dwellers, who include tribals not classified as STs or Dalits. Many of these non-ST dwellers are traditional forest people, as in Uttaranchal or Himachal Pradesh.
- Cut-off date: The Bill prohibited the recognition of any land that was occupied after the October 25, 1980.
- Land ceiling: The Bill said that no more than 2.5 hectares could be given. The panel countered that there should be no ceiling. In the preset form, the Cabinet has stuck to four hectares.
Source: Report, Sonu Jain, The Indian Express, December 8, 2006,
For more details on Forest Bill 2006 and related articles:
http://www.frontline.in/fl2314/stories/20060728000706400.htm
http://www.indianexpress.com/story/18150.html
http://164.100.24.208/ls/Bills/main_bill_ls.htm
http://www.telegraphindia.com/1061204/asp/siliguri/story_7087115.asp
http://www.tribuneindia.com/2006/20061208/main1.htm
