The Forest Rights Act

Is the government trying to get around the FRA for projects?

Attempts Underway to Get Around Forest Rights Act in Forest Diversion

A steady trickle of reports indicate that the government is moving to find ways to take forest land, even when the Forest Rights Act has not been complied with (most likely by modifying or withdrawing the August 3rd, 2009 order of the Environment Ministry). This is a dangerous development aimed at pleasing corporate lobbies at the cost of the law, people's rights and justice. 

Background: Following a year and a half of protests, on August 3rd, 2009, the Ministry of Environment and Forests finally issued an order saying that all projects seeking to use forest land would have to produce certificates from the gram sabha (village assembly) stating that 1) people's rights in the area had been recorded and 2) the gram sabha, as the managing and protection agency for the forests in the village, had consented to the diversion. This was significant step towards respecting people's rights to their resources.

It's a simple requirement; it only means checking whether these certificates are on file. But the Environment Ministry has never complied with its own order in any project till date. In fact the Ministry has been acting like both the FRA and its own order do not exist. The only exception was the Vedanta project, where the FRA was cited to reject the application for final clearance (in that case too gram sabha certificates were neither sought nor provided). Now, in the case of POSCO, the Ministry's own inquiry committee has indicted it for giving the project final forest clearance without the required gram sabha certificates. Since the Ministry has now been exposed, this poses a problem, and the reaction has begun:

• The Additional Director General of Forests has reportedly filed a written note, explaining why he does not believe forest diversion should be constrained by people's rights. The Ministry should be able to give the forest land away whether or not people have rights on it.
• The Orissa government has written to the Central government in late October, seeking "clarifications" that are obviously aimed at getting around the FRA and the order.
• The Forest Advisory Committee sought to set a precedent by saying, in the POSCO matter, that they are not required to comply with the law (see our earlier press release for more details), and that they can pass the responsibility to other agencies. The official members tried to keep to this position for three weeks before finally capitulating.
• The Prime Minister's Office has reportedly put pressure and tried to ensure the order is ignored in the POSCO case.
• Press commentators and corporate lawyers have even been talking of how "Supreme Court orders are being overturned by mere gram sabhas." This is nonsense, since the Court never ordered clearance to either Vedanta or POSCO, only directed the Environment Ministry to consider their applications in accordance with law.

Meanwhile, the POSCO matter continues to hang fire, despite the recommendation of the Forest Advisory Committee to withdraw the clearance. If attempts are made to tamper with the August 2009 order or these requirements, it will demonstrate conclusively that this government cares neither for the law or for people's rights. This is something to watch in the coming days.

For more on the issue see this web page: Large Projects and Forest Land

Campaign for Survival and Dignity
Ph: 9873657844, www.forestrightsact.com