NDA pulls out UPA report to restrict gram sabha veto

The Indian Express, 23 February, 2015

The NDA is banking on a report submitted by a panel set up by the previous UPA government to justify its refusal to grant statutory veto powers over certain infrastructure projects to gram sabhas under the Forest Rights Act (FRA).

During a meeting on January 12, the PMO overruled objections raised by the Ministry of Tribal Affairs (MoTA) and asked the Environment Ministry to draft revised guidelines to let district collectors clear diversion of forest land, while restricting the scope of gram sabhas to decide on such projects.

On December 12, 2012, in a report approved by then PM Manmohan Singh, a three-member committee had noted that the “FRA did not mandate or authorise statutory veto of Gram Sabhas over infrastructure projects”.

Last month’s meeting, according to minutes accessed by The Indian Express, was chaired by Nripendra Mishra, principal secretary to PM Narendra Modi. It noted that “in light of” the UPA report, the Environment Ministry “will formulate a draft guideline delineating the FC (Forest Clearance) process and will send the same to the DoLA (Department of Legal Affairs) for legal vetting and to MoTA for its views. MoTA will send their views directly to DoLA. DoLA will finalise the draft revised guidelines and send the same to the (Environment Ministry) for issue”.

On February 17, the Environment Ministry sent the draft to DoLA and the Tribal Affairs Ministry, giving the latter ten days to send its comments to the department. Echoing the 2012 UPA-II report, the draft noted that “none of the these Acts (the FCA, FRA, PESA and Land Acquisition Act) stipulates that processes stipulated under any other Act shall first be initiated or completed, before. granting approval under any of these Acts”.

As listed in the 2012 report, the latest Environment Ministry draft has exempted projects under five categories from obtaining the gram sabhas’ consent: those where statutory mandated consultation has been carried out; projects that require public hearing for environmental clearance; linear projects; those on private forest land; and minor public utility projects.

Earlier, on December 4, 2014, after repeated interventions by the Tribal Affairs Ministry on this issue, Environment Minister Prakash Javadekar wrote to Tribal Affairs Minister Jual Oram, attaching a draft guideline for comment.

On December 28, Oram’s ministry responded with its own guidelines that differed from the draft on three key issues: a District Level Committee under FRA, not District Collector, to certify if process of recognition and vesting of forest rights is complete; no exemption to linear projects, and no exemption to projects in areas that house scheduled tribes since the FRA also applies to Other Traditional Forest Dwellers.

On January 2, the Environment Ministry replied, asking the Tribal Affairs Ministry not to move forward on its draft before the January 12 meeting.

Interestingly, the FRA had been touted as an achievement of the UPA I regime before the UPA II set up a committee in November 2012 to revisit the legislation.

The UPA II panel that studied the issue comprised the then principal secretary to the PM Pulok Chatterjee, then environment secretary T Chatterjee and former tribal affairs secretary Bhiba Puri Das.

January’s NDA meeting was attended by secretaries of the ministries of Environment, Tribal Affairs, Mines, Power, Coal, Transport and DoLA and Land Resources.