Vaxi Island with its People Sold Out as Goa offers market rate, annuity for land acquired!

Vaxi Island with its People Sold Out as Goa offers market rate, annuity for land acquired!

SEA Coast Security Act, Forest Act, Environment Act, Mines Act, 5thand 6th scheduled, Local Bodies, RTI are VIOLATED to accomplish the Agenda of Economic reforms meant all out EXPLOITATION of Natural resources and Nature Associated People selected for systematic GENOCIDE!

Indian Holocaust My Father`s Life and Time -FIVE HUNDRED  FIFTY FOUR

Palash Biswas

http://indianholocaustmyfatherslifeandtime.blogspot.com/


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Vaxi Island with its People Sold Out as Goa offers market rate, annuity for land acquired!

Delegates from Goa who were in Durgapur to attend 27th national Convention of Mulnivasi Bamcef, informed that Vaxi Island is bought by Vijay Mallya - The Flamboyant Business Tycoon!

Vijay Mallya - Wikipedia, the free encyclopedia

Vijay Mallya (Kannada: ವಿಜಯ್ ಮಲ್ಯ) (born 18 December 1955) is an Indian liquor baron and Rajya Sabha MP. The son of industrialist Vittal Mallya, ...
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1] This island is owned by a single company.
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for more details visit www.laandz.in
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Gujrat delegates from Kutchh complained that Kandla SEZ project has ejected out the aboriginal indigenous tribals who had been deprived of Scheduled Tribe status and the scheduled Area is denotified.

IN Orissa no less than Four Blocks across the Mahanadi basin in Jagatsingh Pur district and Kendrapara have been NOTIFIED for Paradeep PCPIR Land Acquisition.I met the people coming all over Orissa as delegates right from Malkangiri, Koraput, Kalahandi to Balasore and Cuttack and interacted with them to know the updates of Monopolistic Aggression there where the State Government led by Brahamin Biju Patnaike has transformed itself into a Corporate Lobbyist and entire state has been handed over to TATA, PASCO and VEDANTA.

I also met the People from sea coast line of Karntaka, kerala, Tamilnadu, Andhra, Bengal, Gujarat, Maharashtra and interacted with the Humanscape scattered all over in central India from Gujarat and Rajasthan to Maharashtra, MP, Chhattishgarh and Jharkhand. Entire Aboriginal landscape is branded as Maoist Inflicted to imulgate Disturbed area act to eject out the Indigenous Aboriginal majority Black Untouchable masses.

Bhanwar lal parmar from Dungarpur, Rajasthan graphically explains how the Tribal dense Population has been Partitioned into different states to break their solidarity and Identity. He also claims that the Brahamins conspired Partition to Isolated Indo Pak region of Indus valley civilisation as 450 Indus cities have gone to Pakistan! It was meant to kill the Aboriginal nationality, Identity and History witha single stroke.

Vijay Kujur, general secretary  of Adivasi Samanyaya Samiti Claims that the Government of India Incs and LPG Mafia behave as CRIMINAL and Tresspass the Scheduled areas violating the constitutitional safeguards under 5th and6th schedule in accordnace which the Aboriginal Tribes are the Masters of all the Natural resources and mines. INFRASTRUCTURE  and So called development are best tool of MASS Destruction and Economic Ethnic Cleansing!

SEA Coast Security Act, Forest Act, Environment Act, Mines Act, 5thand 6th scheduled, Local Bodies, RTI are VIOLATED to accomplish the Agenda of Economic reforms meant all out EXPLOITATION of Natural resources and Nature Associated People selected for systematic GENOCIDE!

A Congress MP from Goa has accused the Indian Navy of attempting to grab land by seeking control of two islands under the garb of security.

Rajya Sabha MP Shantaram Naik said that attempts by the naval authorities to seek control of two islands --St George and Bimbvel off the Goa coast --under the garb of security was ridiculous.

"Tourism activity, fishing activities and religious ceremonies will be trampled upon by the Indian Navy in the name of security.

If these islands are allowed to be acquired or grabbed," Naik said in a press statement on Saturday.

The MP said he would take up the matter with defence minister AK Antony.

Facing public ire over its ad hoc policy for land acquisition for mining and hospitality-related projects, the Goa government has announced it would pay the landowner a market rate as well as an annuity for a fixed term of 20 years, in lieu of the land acquired for projects with a "public purpose".
Chief Minister Digambar Kamat told reporters here that the new land acquisition policy would be implemented by the end of the month.
"This policy will ensure that the person whose land is acquired for a public project by the government will be compensated with a market rate for the piece of land," Kamat said.
The chief minister said that the market rate would be decided by a committee, which would include the collectors of Goa's two districts.
"Over and above the market rate, we are also looking at providing for annuity for about 20 years for those whose orchards or farmland is acquired by the government," Kamat said.
The new land acquisition policy was based on recommendations of the Goa Law commission headed by former union minister of state for law Ramakant Khalap, he added.
The Goa government's earlier moves to acquire land for "public purpose" and then handing over the tracts of land for setting up hospitality or mining related infrastructure have been criticised by civil society groups.
A near civic uprising in the state some years back had forced the state government to cancel seven special economic zone (SEZ) projects, after activists alleged large-scale corruption in the manner in which the land was acquired and handed over to SEZ promoters.

<div style="width:425px" id="__ss_114794"><strong style="display:block;margin:12px 0 4px"><a href="http://www.slideshare.net/yaswanth/19392-vijay-mallya-s-villain-goa" title="19392 Vijay Mallya S Villain Goa">19392 Vijay Mallya S Villain Goa</a></strong><object id="__sse114794" width="425" height="355"><param name="movie" value="http://static.slidesharecdn.com/swf/ssplayer2.swf?doc=19392-vijay-mallya-s-villain-goa2149&stripped_title=19392-vijay-mallya-s-villain-goa&userName=yaswanth" /><param name="allowFullScreen" value="true"/><param name="allowScriptAccess" value="always"/><embed name="__sse114794" src="http://static.slidesharecdn.com/swf/ssplayer2.swf?doc=19392-vijay-mallya-s-villain-goa2149&stripped_title=19392-vijay-mallya-s-villain-goa&userName=yaswanth" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="355"></embed></object><div style="padding:5px 0 12px">View more <a href="http://www.slideshare.net/">presentations</a> from <a href="http://www.slideshare.net/yaswanth">Yaswanth Ravella</a>.</div></div>

Calling it the "Jal Hans", government-owned Pawan Hans launched India's first seaplane operation on Monday with one eight seater Cessna 208 A in Mumbai. This will be a pilot project to be tried out for at least six months beginning December 30 at the Andaman and Nicobar islands which would be expanded across the coastline.

If the launch proves to be a success, Pawan Hans hopes to increase the scale of its operations and get more seaplanes over the next two years.

"India has a coastline of 7,400 km with many far-flung islands. After Andaman and Nicobar islands, we hope to launch this at Lakshwadeep, Goa, backwaters of Kerala, Gujarat, Puri in Orissa, and Sunderbans in West Bengal," said Praful Patel, minister of state for civil aviation, at the inauguration ceremony at Pawan Hans hangar at the Juhu airport on Monday.

Patel said that 100 per cent FDI was allowed in seaplane operations sector. The eight-seater aircraft can land and take off in water, and can fly for five hours at a stretch. Aviation officials feel this makes it an ideal aircraft for improving connectivity across poorly connected islands.

Vijay Mallya - The Flamboyant Business Tycoon

It is impossible to travel on India's Kingfisher Airlines without noticing the owner, Vijay Mallya. Before the plane takes off, the seat-back televisions show a video of him, dripping with jewellery, striding through clouds of dry ice amid models of his fleet of aircraft.

"I've instructed my crew to treat you as a guest in my own home," he announces. "If you miss anything, contact me personally."

It's all part of the Vijay Mallya show: the life of a man who is not content with being a billionaire - he wants to be a celebrity as well.

Vijay Mallya, the business tycoon who is equally known for his style and parties as much as for his business acumen. Mallya, the chairman of United Breweries group is the leader of the Indian booze industry. It is the second largest brewer in the world. In 2005 Mallya took over Shaw Wallace to hold a near monopoly over the spirits market in India. It's recent acquisition of Scottish whiskey Whyte & Mackay means that the UBL now has a market share of nearly 60% in the booze market. The liquor industry is not the only venture under Vijay Mallya. He launched the Kingfisher airlines in 2005 which is already touching heights and giving tough competition to credible and established airlines.

The buzz in Bangalore is that he has bought an island in Europe, ostensibly off the coast of Monte Carlo, though the exact location couldn't be verified. Multiple sources involved in the deal have confirmed the news to TOI and indicated that the price Vijay Mallya paid was between $100 million and $150 million (Rs 500 crore to Rs 750 crore). The man himself rubbished the news. Said Vijay Mallya, "Island? Rs 800 crore? Complete nonsense. Please quote me on this.'' We have.

This wouldn't be the first island that Vijay Mallya would own. He bought a string of islands north of the Maldives years ago and now runs resorts in these islands. At one point he had a stake in an aircraft company that offered hopping flights to these islands. Recently, he acquired the island of Thinnakkara off the cost of Lakshwadeep .

Vijay Mallya in his personal capacity has heavily invested in the tourism space. He owns the Mabula Game Lodge, close to Johannesburg in South Africa. Spread over 12,000 hectares it is said to be one of South Africa's finest private game reserves. He is believed to have bought about 1,000 acres of land in the Himalayas to promote high end tourist properties there.Vijay Mallya's lifestyle — the sheer scale and lavishness of it — leaves most bedazzled . He has houses around the globe; castles in Scotland, town houses in London, Monte Carlo, Manhattan (Trump Towers), Sausalito and innumerable properties in India. While 'Niladri' in Mumbai and 'Kingfisher Villa' in Goa are the best known, he has hidden gems like the heritage, colonial bunglow with the best garden in Ooty, besides houses in Delhi and his home town Bangalore.

His three yachts: Indian Empress, Indian Princess and Kalizma, his four private jets, his 240-strong vintage car collection, his Force India Formula 1 team and thoroughbreads not to mention the Porsches, Bentleys, Maserattis and Ferraris make Vijay Mallya the most colourful of Indian businessmen.

Vijay Mallya was ranked as the 362nd richest person in the world and the 7th in India with a net worth of US$11.2 billion

Apart from his entrepreneurial skill, this 'King Of Good Times' is also known for his colourful life. His parties are the talk of the town and every celeb and wannabe yearns to be a part of them.

He also has the pride of getting the Sword of Tippu Sultan back to our country. Previously, it was seized by the British troops after Tipu Sultan's capital Srirangapatnam fell on 1799. The 42-inch sword with a calligraphic hilt and encased in a velvet and silver scabbard, was brought here from London by liqour baron and Rajya Sabha member Vijay Mallya, who bagged it an auction for Rs. 10.6 million.

"Since Tipu's sword is the rightful property of India, I decided to bring it back. Except for us, no one has the right to possess it," Mallya said at a press conference.

He added another distinction to his name when he threw a party aboard the Yacht.
Mallya also dreamt of organising an Indian Grand Prix.

His business acquisitions have been the talk of the town , but this entrepreneur does know how to mix leisure with business. Hope Mallya's "Good Times" continue for long and his clients continue to stay on a 'High'- both in air and in spirits.
http://www.indianwatchdogs.com/forums/showthread.php?t=18402
Goa SEZ scam: Kamat still to read court order
Submitted by Raman Iyer on Wed, 12/08/2010 - 15:46

• Digambar Kamat
• Featured
• Goa
• India
• PanajiPanaji, Dec 8 : Over a fortnight after the Panaji bench of the Bombay High Court pointed to large-scale irregularities in the allotment of 32 lakh sq mts of land to seven SEZ promoters in Goa, Chief Minister Digambar Kamat claims he "still has not read the order".

Based on the Nov 26 high court order, the opposition has already called for criminal investigation of two former Congress chief ministers - Pratapsing Rane and Luizinho Faleiro - for favouring the SEZ promoters in what Leader of Opposition Manohar Parrikar of the Bharatiya Janata Party (BJP) has termed a "Rs. 100 crore scam".
"I have not even read the order, how can I comment," a smiling Kamat told IANS when asked how the state government would respond to the damning observation made by the court, which said that the government agencies had acted "in undue haste without proper scrutiny of their applications" and "arbitrarily" while allotting land to the SEZ promoters.
The court order also said that the "procedure adopted in the allotment is not fair and transparent. The allotments made by the GIDC (Goa Industrial Development Corporation) do not stand the test of reasonableness".
"The file is so thick," Kamat added.
Picking up another bulky file for demonstrative effect, the chief minister said, while mockingly shuffling the pages: "See, the high court order is this thick. How do you expect me to go through it?"
Parrikar has claimed that both Faleiro and Rane, currently the speaker of the Goa assembly, had been "hand in glove" with the SEZ promoters and had gone out of their way to allot them huge tracts of land in violation of norms.
The BJP leader has already said that he would summon the seven SEZ promoters to probe the graft angle in the land allotment scam.
The SEZ promoters in question are Meditab Specialities Pvt Ltd, Cipla group, Peninsular Pharma Research Ltd, Paradigm Logistics & Distributors, Planetview Mercantile Pvt Ltd, Inox Mercentile Pvt Ltd and Maxgrow.
The state government was forced to de-notify the allotment of 32 lakh sq mts of land to the SEZ promoters in the face of stiff civil society protests some years ago. The SEZ promoters had then approached the Bombay High Court challenging the government's denotification decision, before the court quashed and set aside their application on Nov 26.(IANS)

Goa activists want highway consultant penalised
Submitted by Saurav Shukla on Tue, 12/07/2010 - 16:15

• Featured
• Goa
• India
• PanajiPanaji, Dec 7 : Activists protesting the expansion of a national highway in Goa Tuesday demanded the recovery of Rs. 9 crore fee from a foreign consultant for preparing an allegedly faulty project report.

The consultant firm should be forced to pay back Rs. 9 crore fee it charged to prepare site plans for a project funded by the union ministry of road transport and highways, said a representative of the protestors.
Speaking to reporters at a press conference here, Sunil Desai, convenor of the National Highway Diversion Action Committee (NHDAC), said that a government land acquisition report had revealed that the project report prepared by the US-based Wilbur Smith Associates (WSA) was ridden with discrepancies.
The committee has challenged the expansion of the NH 4A - that starts from Belgaum in Karnataka and ends at Panaji in Goa. The highway is 153 km long.
"We demand that the government should reclaim the Rs. 9 crore given to WSA because a deputy collector's report has said that there are numerous discrepancies in the work," Desai said.
According to deputy collector Anthony D'Souza's report, the process of site inspection and identification of the boundaries of the land notified for acquisition, it was observed that there were major discrepancies in the site plans prepared by the consultant.
The consultant has gone off track while showing the area required to be acquired and the area already in possession of the state government of Goa, said the deputy collector's report.
The NHDAC is protesting the state government's move to acquire 51.60 lakh square metres of land for the expansion of the highway.
The committee claims that the government should seek an alternative route for the highway, instead of expanding the current highway and bulldozing homes along the motorway. (IANS)
http://www.topnews.in/law/goa-activists-want-highway-consultant-penalised-241037

Goa's SEZ policies creating 'monsters':Industry body

2010-12-06 19:40:00
Panaji, Dec 6 (IANS) Goa government's controversial allocation of land to seven promoters had created 'monsters' out of the special economic zone (SEZ) concept, an industry body said Monday.
The Goa Small Industries Association (GSIA) also cheered the recent high court decision setting aside the land allotments.
'GSIA believes that very carefully designed SEZs would have fuelled growth of MSME (micro, small and medium scale enterprises) in Goa. However, haphazard allocation of land to SEZ without creating a well defined policy and strategy has created a monster out of SEZ,' GSIA president Shekhar Sardesai told reporters here.
The scam relates to SEZ land allotment to the tune of 32 lakh sq metres spread in seven pockets across the state.
Two weeks ago, the Panaji bench of the Bombay High Court passed an order setting aside the allotments, terming them 'illegal' and done in 'undue haste'.
The court also ordered that the allotted land be reverted to the Goa Industrial Development Corporation (GIDC), which had allotted the land to the seven promoters namely Meditab Specialities Pvt Ltd, Cipla group, Peninsular Pharma Research Ltd, Paradigm Logistic & Distributors, Planetview Mercantile Pvt Ltd, Inox Mercentile Pvt Ltd and M/s Maxgrow.
'The government should ensure that there is a well defined objective in rational while re-allocating this land,' Shekar said, adding that the government needed to attract industries which are non-polluting, generate employment and trigger a growth of ancillary industries.

1. Goa SEZ scam: Kamat still to read court order ‎ Sify - 8 Dec 2010 Parrikar has claimed that both Faleiro and Rane, currently the speaker of the Goa assembly, had been 'hand in glove' with the SEZ promoters and had gone out ...

2. Goa's SEZ policies creating 'monsters':Industry body ‎ Sify - 6 Dec 2010 Panaji, Dec 6 (IANS) Goa government's controversial allocation of land to seven promoters had created 'monsters' out of the special economic zone (SEZ) ... GSIA fused over power shortage, land allotments in industrial estates‎ - Times of India all 13 news articles »

   * digITal Goa

3. 'Smaller SEZs could have worked for Goa' ‎ Sify - 18 Dec 2010 Panaji, Dec 18 (IANS) Goa could have benefitted from smaller special economic zone (SEZ) projects, rather than the seven land-intensive projects which were ...

4. CBI should probe SEZ scam in Goa: Activist ‎ Times of India - 9 Dec 2010 And land was allotted the very next day even before Goa's SEZ policy was notified on July 13, 2006. In the process of allotment, open space and internal ...

5. Wrong policies making Goans jittery: Matanhy ‎ Herald Publications - 1 day ago BY HERALD REPORTER Social activist Matanhy Saldanha has said that Goa is ruled ... zone (SEZ), mega housing projects, coastal regulatory zone (CRZ) et al. ...

6. SVM slams Babu Kavlekar's statement on land allotment for SEZs ‎ Times of India - 14 Dec 2010 MARGAO: The SEZ Virodhi Manch (SVM) has condemned the statement of the Goa Industrial Development Corporation chairman, Chandrakant 'Babu' Kavlekar, ...

7. HPCL land allotted 'illegally' for SEZ ‎ Times of India - 15 Dec 2010 "The above said transfer to the promoters of the SEZ without obtaining NOC from ... It is extremely surprising that the officers of the government of Goa ... VDSI - BOM:500104

8. 'Get green industries that will provide jobs for Goans' ‎ Times of India - 18 Dec 2010 He said the Goa Chamber of Commerce always supported and will continue to support SEZ.Goa is the only place in the world that has an airport, ...

9. SVM members gherao GIDC chairman ‎ Times of India - 21 Dec 2010 PANAJI: Members of the SEZ Virodhi Manch (SVM) gheraoed the chairman of Goa Industrial Development Corporation ( GIDC), Chandrakant Kavlekar, ...

10. Rs 23-cr penalty slapped on Adani Group ‎ Indian Express - 15 Dec 2010 Ten customs and central excise officials from Goa were also being probed in the ...spokesperson said, "There is no such demand on Mundra Ports and SEZ. ... BOM:512599

Chandhok, Karani to steer FMSCI in 2011 ‎ Rediff - 2 days ago The meeting was chaired by FMSCI chairman Vijay Mallya [ Images ]. The council in attendance also elected Shrikant Karani of Sportscraft, Mumbai [ Images ] ... FMSCI president Chandhok wants to improve motorsports infrastructure‎ - Times of India all 9 news articles »

* Zee News

Vijay Mallya hands over Bagan baton to son ‎ Hindustan Times - 20 Dec 2010 Adhering to Asian Football Confederation (AFC) regulations, liquor baron Vijay Mallya has resigned as the director of the Mohun Bagan football club but ... Mallya steps down as Bagan director to meet AFC criteria‎ - Times of India Mallya hands son Bagan baton‎ - Deccan Chronicle Vijay Mallya steps down‎ - Calcutta Telegraph sportal.co.in all 21 news articles »

* MSN India

Salman Khan's art from the heart ‎ Daily News & Analysis - Soumyadipta Banerjee - 20 Dec 2010 And that's exactly what happened to business tycoon Vijay Mallya. One day, hefound himself looking at a painting gifted by the star to him. ... Video: Salman launches the hottest calendar NewsX Salman launches Kingfisher's Calendar 2011‎ - Hindustan Times Kingfisher launches 2011 calendar‎ - FV Current Waves Business of Cinema - SamayLive all 54 news articles » BOM:532747

* Freaky Gossip

"There is no case of capping airfare in a liberalized environment, be it at upper or lower band. It is a function of demand and supply,"

6 Dec 2010 NDTV.com (Occurrences: 33)

more by Vijay Mallya

Govt should reduce tax on ATF, not control airfare: Mallya ‎ Moneycontrol.com - 5 Dec 2010 In light of the Aviation Ministry's intrusion into controlling airfares; Vijay Mallya, Chairman of Kingfisher Airlines said he sees no case for tapping ... Airfare hike not unfair, says Vijay Mallya‎ - Times Now.tv Let market decide fares, says Mallya‎ - Deccan Chronicle Vijay Mallya on airfare hike‎ - NDTV.com Rediff - India Infoline.com all 40 news articles » BOM:532747 - BOM:500547

* Moneycontrol.com

Buying a house in America ‎ Economic Times - Arun K Chhabra - 5 days ago India's liquor tycoon Vijay Mallya reportedly spent over $8 million for a beachfront house at Cape Town in South Africa recently. ...

Praful Patel working for Vijay Mallya: Radia tapes ‎ Oneindia - 13 Dec 2010 "He's worked as a minister for Naresh Goyal [Jet Airways] and now Vijay Mallya [Kingfisher]. He cannot brush off this charge," said NK Singh to Nira Radia. ... Radia not spy but economic terrorist: Praful Patel‎ - Oneindia Praful hits back at Radia following accusations‎ - Times of India Patel hits out at Radia, wonders how she shot into prominence‎ - Economic Times India Today - domain-B all 47 news articles »

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United Spirits plans to buy 2 distillation units in FY11 ‎ Economic Times - 22 Dec 2010 In September, the firm bought 54.7 per cent in Pioneer Distilleries at Rs 101 a share. United Spirits is part of billionaire Vijay Mallya's UB Group .BOM:532432

Air Deccan founder gets cops to raid bar in Mallya's mall ‎ Mumbai Mirror - Praveen Kumar - 20 Dec 2010 In Bangalore Last week, police had raided City bar, a pub in upscale UB City, Bangalore's biggest commercial property pioneered by Vijay Mallya. ...

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RWITC Stewards catch Vijay Mallya's professionals on the wrong foot ‎ Mumbai Mirror - 24 Dec 2010 Mallya's professionals in the Horses owned by liquor baron Vijay Mallya are rarely involved in a controversy of any sort and his image as an race-horse ...

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Deepika and Siddharth's secret holiday! ‎ Chitramala - 4 days ago Bollywood actress Deepika Padukone and Siddharth Mallya (Vijay Mallya'sSon) are taking their relationship to the next level. The couple are now holidaying ... Deepika and Siddharth head to UK for new year‎ - Total Filmy Deepika-Siddharth on a vacation‎ - FV Current Waves all 17 news articles »

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  1. [DOC]

  2. List of Fifth Scheduled Areas - Fifth Schedule Areas

  3. File Format: Microsoft Word - Quick View

  4. FIFTH SCHEDULE. [Article 244(1)]. Provisions as to the Administration and Control ofScheduled Areas and Scheduled Tribes. PART A-GENERAL ...

  5. planningcommission.nic.in/.../List%20of%20Fifth%20Scheduled%20Area.doc - Similar

  6. [PDF]

  7. FIFTH SCHEDULE [Article 244(1)] Provisions as to the ...

  8. File Format: PDF/Adobe Acrobat - Quick View

  9. FIFTH SCHEDULE. [Article 244(1)]. Provisions as to the Administration and Control ofScheduled Areas and. Scheduled Tribes. Part A. General ...

  10. indiacode.nic.in/coiweb/fullact1.asp?tfnm=00%20509 - Similar

  11. The Hindu Business Line : Fifth Schedule and tribal welfare

  12. 15 Nov 2010 ... The Constitution permits Governors to exempt Scheduled Areas from the cumbersome laws of the land. Governors should do so. That is the fifth ...

  13. www.thehindubusinessline.com/2010/11/.../2010111550360800.htm - Cached

  14. Partially Excluded Area the basis of Fifth Schedule: Union ...

  15. 24 Oct 2010 ... These areas were protected "as to the administration and control ofScheduled Areas and Scheduled Tribes" under the provisions of the Fifth ...

  16. www.darjeelingtimes.com › Home › Columns › Hillman - Cached

  17. Panchayats Extension to Scheduled Areas

  18. Powers given to the Panchayats vis-à-vis governance in scheduled area include: ... The power to tribal community in Fifth Schedule area has implications not ...

  19. www.odi.org.uk/work/projects/00...areas/schedareas-debate.htm - Cached

  20. [PDF]

  21. THE FIFTH SCHEDULE OF THE CONSTITUTION AND THE SAMATHA JUDGEMENT ...

  22. File Format: PDF/Adobe Acrobat - Quick View

  23. The Fifth Schedule of the Indian Constitution provides protection to the adivasi (tribal) people living in the Scheduled Areas of nine states in the country ...

  24. www.samataindia.org/documents/SAMATA_EDIT1.PDF - Similar

  25. Whither Tribal Autonomy in the Fifth Schedule Areas of Betul ...

  26. 10 Apr 2010 ... The Fifth Schedule provides guidelines for the administration of theScheduled Areas, flow of grants-in-aid out of the Consolidated Fund of ...

  27. www.mainstreamweekly.net › 2010 - Cached

  28. Definition of Scheduled Areas - Ministry of Tribal Affairs

  29. Paragraph 6 of the Fifth Schedule of the Constitution prescribes following procedure for scheduling, rescheduling and alteration of Scheduled Areas. ...

  30. tribal.nic.in/index3.asp?subsublinkid=305&langid=1 - Cached

  31. Fifth Schedule

  32. 22 Dec 2000 ... The Fifth Schedule of the Constitution of India deals with administration and control of scheduled areas and scheduled tribes in these areas ...

  33. www.mmpindia.org/Fifth_Schedule.htm - Cached - Similar

  34. AP-05: FIFTH SCHEDULE AND ADIVASI RIGHTS

  35. As it is noticed, there are 9 districts of AP that come under the Fifth Schedule of the Constitution that was notified by the President as scheduled area in ...

  36. www.isiblr.org/index.php/index.php?option=com... - Cached

  arate from the Panchayati Raj Act for rural and urban local bodies in scheduled areas—tribal dominated areas specified in the Fifth Schedule of the Constitution. Parliament enacted the Panchayat Extension to Scheduled Areas (PESA) Act in 1996 for rural areas, but a similar legislation for urban scheduled areas was never debated.
  State governments are taking advantage of Parliament's lapse to give speedy clearances to mining and industries in tribal areas. Their modus operandi is simple: they upgrade rural panchayats in scheduled areas to urban panchayats to bypass PESA which mandates village council's approval for such projects.
  Villages upgraded to bypass PESA
  Residents of Premnagar village in Chhattisgarh's Sarguja district, a scheduled area, realised this when the state government upgraded their village into an urban area in March this year. Residents see the move as a conspiracy. They have been opposing coal-fired power plant and mining in their locality using PESA provisions. Upgrading the village's status has done away with the need to obtain approval from the panchayat.
  "The state's decision takes away people's rights over local resources granted under the scheduled areas laws," said Sudha Bharadwaj, counsel for Premnagar residents. The Panchayati Raj Act meant for urban local bodies does not apply to scheduled areas and so the decision is illegal, she said.
  Premnagar's case is not an isolated one. In the past few years, more than 600 village panchayats, many of them in scheduled areas, have been converted into urban local bodies, and these areas have major industrial investment proposals. Of the 60 districts of the country (the number does not factor in new districts carved out of these districts post- 2000) that have scheduled areas (see map), there are about 130 urban local bodies that have been kept out of PESA.
  Jabalpur court sets precedent In neighbouring Madhya Pradesh, too, many village panchayats have been replaced with urban local bodies. But there the Jabalpur High Court stayed elections to 52 district panchayats and municipalities in 26 districts having scheduled areas. In September 2009, the court held the Panchayati Raj Act did not apply to scheduled areas and said Parliament should enact a suitable law extending PESA to urban scheduled areas.
  Article 243ZC of the Constitution mandates that the provisions of the 74th constitutional amendment shall not apply to urban local bodies in scheduled areas unless the Centre makes a law for governing them. Till that time no elections will take place in such urban bodies, the court said. Now, civil society groups in other states with scheduled areas plan to seek similar stay orders.
  Amitabh Singh of Debate, a nonprofit in Madhya Pradesh, who has helped communities claim rights under PESA, said, "Without extending PESA to urban local bodies, the purpose of the act is defeated. On the other hand, one gets suspicious of the fact that government has been upgrading many rural panchayats into urban ones, keeping them out of PESA's purview."
  C R Bijoy of the non-profit Campaign for Survival and Dignity in Delhi said petitions in other courts did not succeed because of stiff opposition by state governments. The Ranchi High Court in Jharkhand, while disposing of a batch of petitions, said Article 243ZC would not supersede municipal laws existing prior to the 74th Amendment. Appeals against this judgement are pending in the Supreme Court.
  So, for 15 years urban local governments functioning in scheduled areas can be termed invalid. "It is a constitutional crisis similar to that of 1990s," said B D Sharma, a tribal rights activist who played a pivotal role in PESA legislation. He was referring to the events leading to the enactment of PESA after the Panchayati Raj Act came into force.
  Parliament did introduce a legislation in 2001—The Municipalities (Extension to Scheduled Areas Bill)— that protects land rights of tribals and provides for a standing committee on tribal affairs in each municipality (see box). The Parliamentary Standing Committee on Urban and Rural Development recommended its adoption in November 2003.
  Since then, the Bill has been listed in the Rajya Sabha for discussion every session. This winter session, it was omitted from Parliament's list of business.
  Tags: News, Agents Of Change, Chhattisgarh, Habitat And Urbanisation, High Court, Industry, Legislation, Madhya Pradesh, Municipal Corporations,Nagarpalikas, Panchayats, Sarguja, Thermal Power Plants
  http://www.downtoearth.org.in/node/2398
  
  
  

  Constitution of National Council for Tribal Welfare and Standing Committee for Tribal Welfare

             National Council for Tribal Welfare has been constituted. The Council will be chaired by the Prime Minister. In addition to the Council, a Standing Committee has also been constituted. This will be chaired by the Minister of Tribal Affairs. The National Council for Tribal Welfare set up objectives are (i) provide broad policy guidelines to bring about improvement in the lives of the Scheduled Tribes community in the country (ii) review the implementation of the Forest Rights Act (iii) review the implementation of Fifth Schedule and Sixth Schedule of the Constitution (iv) monitor the implementation of Tribal Sub Plan (v) monitor programmes aimed at protecting particularly vulnerable Tribal Groups.

  Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

             The Ministry of Tribal Affairs is implementing The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 which recognizes and vests the forest rights and occupation in 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. The salient features of the Act are - (i) The occupation of forest land up to an area of 4 hectares (Max.) can be recognized (ii) Rights are heritable but not alienable or transferable (iii) Persons living in and dependent on forests for livelihood shall be eligible (iv) Responsibility of protection of wild life, forest and biodiversity has been assigned to the right-holders (v) State/UT Governments are implementing the Act.  More than 30.14 lakh claims have reportedly been filed in various States/UTs and more than 10.90 lakh titles have been distributed in the States/UTs, as on 30.11.2010.   

             The  Minister of Tribal Affairs addressed letters to the Chief Ministers of all States on 30th August, 2010 to ensure compliance of the provisions of the Forest Rights Act before taking decision on displacement of Scheduled Tribes from National Parks and Sanctuaries. He again addressed the Chief Ministers of the States on 31.08.2010 & 10.11.2010 to accord priority to the implementation of the Act and to ensure distribution of the title deeds to all eligible claimants without delay.

  Participation of Tribal Guests in Republic Day Celebrations 2010

             As per the practice being followed over the years, this year too, the Ministry invited two tribal representatives, one female and one male from each State/Union Territory as guests of the Government of India, to witness the Republic Day Parade and Celebrations 2010. 53 tribal guests from 28 States/Union Territories came to Delhi to witness the Republic Day Parade 2010.

             Tribal Guests witnessed the Republic Day Parade 2010, attended the Prime Minister's NCC Rally on 28th January, 2010 and Beating Retreat Ceremony on 29thJanuary, 2010. The tribal guests also called on the President of India and Vice President on 27th January, 2010, and also attended the reception hosted by the Prime Minister on 28thJanuary, 2010. They also met the Defence Minister. The Minister of Tribal Affairs held a reception in their honour and distributed shawls to them. The tribal guests paid homage to the Father of the Nation at Rajghat on 30th January, 2010. The guests were taken for sightseeing in and around Delhi and also visited Agra, Fatehpur Sikri and the temples inMathura.

             The tableau of the Ministry was displayed during the Republic Day Parade 2010 on the theme of Forest Rights Act 2006.

  Organizing of National Tribal Festival "Prakriti" in New Delhi

             The National Tribal Festival "Prakriti was organized from 5th to 7th February, 2010 at Delhi Haat, New Delhi. This event was integrated with "Aadishilp" and was a joint venture of Ministry of Tribal Affairs, Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED) and the Ministry of Culture. TRIFED sold goods made by tribal artisans and the Ministry of Culture brought in performing tribal troupes from different parts of the country to make the event a convergence of Tribal art and culture. During the event from 5th to 8th February, 2010, the Ministry also organized a Photo Exhibition of Selected photographs of 3rd National Level Photo Competition in collaboration with Photo Division, Ministry of Information and Broadcasting.   

  National Level Photographic Competition  2010

             The Ministry of Tribal Affairs and Photo Division, Ministry of Information andBroadcasting  jointly organised the fourth National Level Photographic Competition 2010 on the theme "ARTISTIC EXPRESSION OF TRIBAL WOMEN" by inviting Amateur Photographers, especially tribals in the country to participate by submitting colourphotographs.

  Workshop on Tribal Heritage Agriculture Systems (THAS)

             The Ministry of Tribal Affairs organized a workshop on Tribal Heritage Agriculture Systems (THAS) on 1st June, 2010 at India Habitat Centre, New Delhi. The workshop was inaugurated by Shri Kantilal Bhuria, the  Minister of Tribal Affairs. The key note speaker was Dr. Parviz Koohafkan, Director, Land and Water Division and Coordinator, Globally Important Agriculture Heritage Systems (GIAHS) of FAO (UN). The main purpose of this workshop was to enable the Ministry of Tribal Affairs, in association with the concerned Administrative Ministries viz. Ministries of Rural Development, Agriculture and Cooperation, and State governments to initiate programmes to identify and support bio-diversity rich tribal heritage agriculture systems in our country, and as a first measure, identify a few extremely unique but vulnerable systems for designing support mechanisms.

  Constitution of Tribal Advisory Council (TAC) in the State of Uttarakhand

             In pursuance of sub-paragraph (1) of paragraph 4 of the Fifth Schedule to the Constitution of India the direction of the President of India has been conveyed to the State Government of Uttarakhand for Constitution of Tribal Advisory Council (TAC) in the State, vide the "CO 263" The Tribal Advisory Council (State of Uttarakhand) order, 2010; published in the Gazette of India, Extraordinary Part II- Section -3. Sub Section (i) dated 25.06.2010.

  National Tribal Archery Competition 2009-10 for Scheduled Tribe Boys and Girls

             A National Tribal Archery Competition 2009-10 for Scheduled Tribe Boys and Girls was organized by the Ministry for the first time, through the Archery Association of India, in five States namely, Arunachal Pradesh, Jharkhand, Madhya Pradesh, Meghalaya andSikkim. The final Competition was held at Jamshedpur (Jharkhand) in January, 2010.

  Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED)

             The total sale proceeds of the Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED) during the month of November 2010 have been Rs. 175.38 lakh, as compared of Rs. 114.42 lakh during the corresponding period in November, 2009.

  National Scheduled Tribes Finance and Development Corporation (NSTFDC)

             The National Scheduled Tribes Finance and Development Corporation (NSTFDC) disbursed an amount of Rs. 25.14 crore for income generating activities during November,2010  as compared to  Rs. 21.24 crore  during the corresponding period in November, 2009.

  ***

  SB

  ers Tribal areas in 9 states of India namely Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Chattisgarh, Orissa and Rajasthan.

  Click image for districts with such tribal areas

  (Source: Outlook , Dec 22, 2000)

  The North Eastern states such as Assam, Meghalaya, Tripura and Mizoram are covered by the Sixth Schedule and not included in the Fifth schedule.

  Fifth Schedule Areas

  State	Areas
  Andhra Pradesh	Visakhapatnam, East Godavari, West Godavari, Adilabad,Srikakulam, Vizianagaram, Mahboobnagar, Prakasam (only some mandals are scheduled mandals)
  Jharkhand	Dumka, Godda, Devgarh, Sahabgunj, Pakur, Ranchi, Singhbhum (East&West), Gumla, Simdega, Lohardaga, Palamu, Garwa, (some districts are only partly tribal blocks)
  Chattisgarh	Sarbhuja, Bastar, Raigad, Raipur, Rajnandgaon, Durg, Bilaspur, Sehdol, Chindwada, Kanker
  Himachal Pradesh	Lahaul and Spiti districts, Kinnaur, Pangi tehsil and Bharmour sub-tehsil in Chamba district
  Madhya Pradesh	Jhabua, Mandla, Dhar, Khargone, East Nimar (khandwa), Sailana tehsil in Ratlam district, Betul, Seoni, Balaghat, Morena
  Gujarat	Surat, Bharauch, Dangs, Valsad, Panchmahl, Sadodara, Sabarkanta (partsof these districts only)
  Maharashtra	Thane, Nasik, Dhule, Ahmednagar, Pune, Nanded, Amravati, Yavatmal, Gadchiroli, Chandrapur (parts of these districts only)
  Orissa	Mayurbhanj, Sundargarh, Koraput (fully scheduled area in these threedistricts), Raigada, Keonjhar, Sambalpur, Boudhkondmals, Ganjam, Kalahandi, Bolangir, Balasor (parts of these districts only)
  Rajasthan	Banswara, Dungarpur (fully tribal districts), Udaipur, Chittaurgarh, Siroi (partly tribal areas)

  
  
  

  Essentially The Fifth Schedule is a Historic Guarantee to Indigenous people on  the right over the land they live in .

  You may read the full text of the Fifth Schedule of the Constitution of India by clicking here.

  Violations of these Constitutional Rights among Tribals in Scheduled Areas in the Indian state of Andhra Pradesh led to a court case and a historic judgement.

  Coastal Resources Zone Laws Of India: Cornerstone Of Environmental Security And Sustainability

  Article Summary   by:nomani     Original Author: Dr. Md. Zafar Mahfooz Nomani
  Coastal Resources Zone Laws Of India: Cornerstone Of Environmental Security And Sustainability By Dr. Md. Zafar Mahfooz Nomani,Reader,Faculty of Law,Aligarh Muslim University,Aligarh-20200[India] The legal discourse on Coastal Resource Zone (CRZ) tantamount to fishing into troubled water because India's lengthy coast stretches is a saga of conflicts between union and states, traditional fishermen and owners of mechanized trawlers, shrimp industry and fisher folk, hoteliers, town planners and environmentalists. India's long coastline of over 8000 km with associated continental shelf of 0.5 million km and an Exclusive economic zone of 2.02 million Km with its wetlands, lagoons, mangroves sea-grass beds, coral reefs and shallow bays, creeks and estuaries is very rich in marine biodiversity and natural resources. India is signatory of United Nation Convention of Law of Sea of 1982, which gives several coastal states the right to establish its territorial sea up to a limit of 12 nautical miles, contiguous zone between 12 and 24 miles limits, and exclusive economic zone up to 200 nautical miles. In accordance with the provisions of the Territorial Water, Continental shelf, Exclusive Economic Zone and other Maritime Zone Act(M.Z. Act) of 1976, India established a 200 nautical miles exclusive economic zone. India's scientific endeavors in Antarctica have enabled it to secure consultative status in the Antarctic Treaty system. India joined the Antarctic Treaty in 1983, the Convention of the Conservation of Antarctic Marine Living Resources of 1985 and is signatory to the Madrid Protocol on Environmental Protection to the Antarctic Treaty of 1991. The legislative framework for controlling marine pollution is provided by M.Z. Act, 1976.8The Act asserts India's sovereignty over the natural resources in the CS and EEZ However, India the omninibus power provided under the Indian Coast Guard Act, 1978 India coast guard patrols the maritime zones by taking all such measures as are necessary to preserve and protect that maritime environment and to prevent and control marine pollution. The Merchant Shipping Act of 1958 imposes civil and criminal liability in respect of oil spills by the owner of an Indian or foreign vessel regarding damages to the environment in the TW or the EEZ.The Act also provides a comprehensive code for dealing with the civil liability arising from oil pollution damage on no- fault liability basis. The first comprehensive effort to regulate CRZ manifested under CRZ Notification in 1991. The pre-1991 Notification phase the CRZ is governed by savoury mixture of plans, policies and broad mandate of Town and Country Planning (T&CP) laws. The pre-1991 CRZ notification phase is remarkably progressive in policy orientation but debilitating in legislative intent. While hearing a Public Interest Litigation (PIL) to enforce the prime ministerial directive against the establishment of hotel resort in Goa within 200 metres of HTL was rejected by Bombay High Court in Sergio Carvalho Case. However the forceful attempt to define CRZ is embedded in Environmental Guidelines for Development of Beaches published by Department of Environment in 1983 by Central Government. An assessment of fifteens years legislative history of CRZ regulation is an interesting discourse. In Indian Councils for Enviro-Legal Action v. Union of India, the Supreme Court held that the amendment reducing the width of zone from 100 m to 50 m in respect of rivers, creeks and backwaters was contrary to the objects of EPA. The CRZ Notification prohibits 13 designated activities including establishing new industries and expanding existing units. Clause 3 regulates of permissible activities around water front and foreshore facilities such as construction for defence ports and harbours, and thermal power plants. It requirescoastal states and union territory administrations to prepare Coastal Zone Management Plans (CZMPs) identifying and classifying the CRZ areas within their respective territories to be approved by the MEF. Clause 6(1) classifies the coast into four categories. The CRZ-I category comprises areas that are ecologically sensitive and important as well as areas between the LTL and HTL. Since the CRZ regulations came to environmental statutes without much meaningful debate, the law virtually underwent constant introspection by constitutions of B.B. Vohra Committee, Shekar Singh Committee and M.S. Swami Nathan Committee. The validity of CRZ Amended Notification, 1994 triggered substantial judicial interventions. The Goa Foundation, Nirmal Vishwa and Indian Heritage Society and Indian Council for Enviro-Legal Action (ICELA) petitioned before the Supreme Court regarding blatant violation of CRZ laws causing serious damage to the environment and ecology. The Court was of the view that enactment of a law, but tolerating its infringement is worse than not enacting law at all. Continued tolerance of such violations of law not only renders legal provisions nugatory but such tolerance by the enforcement authorities encourages lawlessness and adoption of means which cannot, or ought not to be tolerated in any civilized society. In May 1995 the Supreme Court issued an interim injunction in the Shrimp Culture Case, prohibiting the setting up of new shrimp farms or the conversion of agricultural lands for aquaculture purposes in the coastal stretches of Andhra Pradesh. Tamil Nadu and Pondicherry. This injunction was extended to all the coastal states in August, 1995. The regulatory regime of CRZ, tested on the bed rock of environrmntal security and sustainability discerns that the legal operational strategy is directed primarily to location of industries and operations, restricting and permitting appropriate activities,balancing development and protection needs and recognition of rights of coastal communities. Even though the CRZ law is shrouded in controversy and amendment and re-amendment compounded the confusion.
  

  Published: April 16, 2007   Updated: October 04, 2010

  http://www.shvoong.com/law-and-politics/505571-coastal-resources-zone-laws-india/

  
  

  http://www.shvoong.com/law-and-politics/505571-coastal-resources-zone-laws-india/

  Forest Rights Act (India)

  From Wikipedia, the free encyclopedia
  

  The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is a key piece of forest legislation passed in India on December 18, 2006. It has also been called the "Forest Rights Act", the "Tribal Rights Act", the "Tribal Bill", and the "Tribal Land Act." The law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India.

  Supporters of the Act claim that it will redress the "historical injustice" committed against forest dwellers, while including provisions for making conservation more effective and more transparent. The demand for the law has seen massive national demonstrations involving hundreds of thousands of people [1].

  However, the law has also been the subject of considerable controversy in the English press in India. Opponents of the law claim it will lead to massive forest destruction and should be repealed (see below).

  A little over one year after it was passed, the Act was notified into force on December 31, 2007. On January 1, 2008, this was followed by the notification of the Rules framed by the Ministry of Tribal Affairs to supplement the procedural aspects of the Act[2].

  Contents [hide] 1 Background 2 The Law 2.1 Types of Rights 2.2 Eligibility Criteria 2.3 Process of Recognition of Rights 2.4 Resettlement for Wildlife Conservation 3 Misunderstanding the Act as a Land Distribution Scheme 4 Opposition to the Act 4.1 TV Advertisements Against Act 5 Criticisms of the Act by Forest Rights Supporters 6 The Notification of the Act and the Rules 7 Implementation of the Act 8 References





[edit]Background

India's forests are home to millions of people, including many Scheduled Tribes, who live in or near the forest areas of the country. Forests provide sustenance in the form of minor forest produce, water, grazing grounds and habitat for shifting cultivation. Moreover, vast areas of land that may or may not be forests are classified as "forest" under India's forest laws, and those cultivating these lands are technically cultivating "forest land" [3].


The reason for this latter phenomenon is India's forest laws. India's forests are governed by two main laws, the Indian Forest Act, 1927 and the Wild Life (Protection) Act, 1972. The former empowers the government to declare any area to be a reserved forest, protected forest or village forest. The latter allows any area to be constituted as a "protected area", namely a national park, wildlife sanctuary, tiger reserve or community conservation area. [4]

Under these laws, the rights of people living in or depending on the area to be declared as a forest or protected area are to be "settled" by a "forest settlement officer." This basically requires that officer to enquire into the claims of people to land, minor forest produce, etc., and, in the case of claims found to be valid, to allow them to continue or to extinguish them by paying compensation.

Studies have shown that in many areas this process either did not take place at all or took place in a highly faulty manner. Thus 82.9% of the forest blocks in undivided Madhya Pradesh had not been settled as of December 2003 [5], while all the hilly tracts of Orissa were declared government forests without any survey[6]. In Orissa, around 40% of the government forests are "deemed reserved forests" which have not been surveyed [7].

Those whose rights are not recorded during the settlement process are susceptible to eviction at any time. This "legal twilight zone" leads to harassment, evictions, extortion of money and sexual molestation of forest dwellers by forest officials, who wield absolute authority over forest dwellers' livelihoods and daily lives [8].

The Statement of Objects and Reasons of the Forest Rights Act describes it as a law intended to correct the "historical injustice" done to forest dwellers by the failure to recognise their rights [9].

[edit]The Law

The Act as passed in 2006 has the following basic points.


[edit]Types of Rights

The rights which are included in section 3(1) of the Act are:


1.Right to hold and live in the forest land under the individual 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 dwellers;

2.Community rights such as nistar, by whatever name called, including those used in erstwhile Princely states, Zamindari or such intermediary regimes;

3.Right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries;

4.Other community rights of uses or entitlements such as fish and other products of water bodies, gazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities;

5.Rights including community tenures of habitat and habitation for primitive tribal groups and pre-agriculture communities;

6.Rights in or over disputed lands under any nomenclature in any State where claims are disputed;

7.Rights for conversion of Pattas or leases or grants issued by any local authority or any State Govt. on forest lands to titles;

8.Rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forest, whether recorded, notified or not into revenue villages;

9.Right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use;

10.Rights which are recognized under any State law or laws of any Autonomous Dist. 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;

11.Right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity;

12.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 clauses-1 to 11, but excluding the traditional right of hunting or trapping extracting a part of the body of any species of wild animal




These can be summarized as:

• Title rights - i.e. ownership - to land that is being farmed by tribals or forest dwellers as on December 13, 2005, subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family as on that date, meaning that no new lands are granted [10];
• Use rights - to minor forest produce (also including ownership), to grazing areas, to pastoralist routes, etc.[11];
• Relief and development rights - to rehabilitation in case of illegal eviction or forced displacement[12] and to basic amenities, subject to restrictions for forest protection [13];
• Forest management rights - to protect forests and wildlife[14].



[edit]Eligibility Criteria

Eligibility to get rights under the Act is confined to those who "primarily reside in forests" and who depend on forests and forest land for a livelihood [15]. Further, either the claimant must be a member of the Scheduled Tribes scheduled in that area [16] or must have been residing in the forest for 75 years[17].


[edit]Process of Recognition of Rights

Section 6(1) of the Act provides that the gram sabha, or village assembly, will initially pass a resolution recommending whose rights to which resources should be recognised (i.e. which lands belong to whom, how much land was under the cultivation of each person as on Dec 13, 2005, etc.). This resolution is then screened and approved at the level of the sub-division (or taluka) and subsequently at the district level. The screening committees consist of three government officials (Forest, Revenue and Tribal Welfare departments) and three elected members of the local body at that level. These committees also hear appeals [18].


[edit]Resettlement for Wildlife Conservation

Section 4(2) of the Act lays out a procedure by which people can be resettled from areas if it is found to be necessary for wildlife conservation. The first step is to show that relocation is scientifically necessary and no other alternative is available; this has to be done through a process of public consultation. The second step is that the local community must consent to the resettlement. Finally, the resettlement must provide not only compensation but a secure livelihood.[19].


[edit]Misunderstanding the Act as a Land Distribution Scheme

A great deal of the debate is fueled by misunderstandings of the purpose of the Act. The most common is that the purpose of the law is to distribute forest land to forest dwellers or tribals, often claimed to be at the rate of 4 hectares per family (see for instance this article as an example) The Act is intended to recognise lands that are already under cultivation as on December 13, 2005, not to grant title to any new lands [20].


[edit]Opposition to the Act

The Act has been met with much concern and opposition from environmentalists and wildlife conservationists. Some of this opposition has been motivated by those who see the law as a land distribution scheme that will lead to the handing over of forests to tribals and forest dwellers (see Vanashakti, a group opposed to the Act, as an example]). But the strongest opposition to the Act has come from wildlife conservationists who fear that the law will make it impossible to create "inviolate spaces", or areas free of human presence, for the purposes of wildlife conservation [21]. Tiger conservation in particular has been an object of concern.


Supporters of the Act take the position that the Act is not a land distribution measure, and further that the Act is more transparent than existing law and so can help stop land grabbing [22]. Regarding wildlife conservation, they have argued that the Act actually provides a clear and explicit procedure for resettling people where necessary for wildlife protection, but also provides safeguards to prevent this being done arbitrarily [23],[24].

Indeed, while concerned at some of the provisions, some environmentalists have also argued that "Conservationists who have stated that the Forest Bill will be the death-knell of India's forests are indulging in unsubstantiated exaggeration" [25].

Supporters of the Act and others also argue that the provisions in the Act for community conservation will in fact strengthen forest protection in the country. This is said to be because it will provide a legal right for communities themselves to protect the forest, as thousands of villages are already doing in the face of official opposition [26],[27].

[edit]TV Advertisements Against Act

In October 2003, Vanashakti, a group based in Mumbai, ran TV advertisements against the Act. This is the first time any Indian legislation has been attacked through a TV campaign [28].


Six advertisements were run by the organisation across major Indian news and TV channels, ads which continue to be available on their website. The group criticised the Forest Rights Act as having the potential to cause huge floods, droughts, and to increase global warming[29]. They also decried it as an effort to keep "tribals in the forest" instead of assisting their "development."

In response to questions from a newspaper, Vanashakti claimed to have been formed over "a dinner table conversation" as a result of deep concern about the Forest Rights Act and the lack of media attention to it [30].

The TV ad campaign was met with angry responses from forest rights organisations. The Campaign for Survival and Dignity, a federation of tribal and forest dwellers' organisations from several States of India, wrote an Open Letter to Vanashakti to Vanashakti, criticising them for "attacking the Forest Rights Act through distortions and untruths that do nothing to reinforce forest protection, and a great deal to undermine it." The Campaign also put up a website entitled "Vanashakti's Distortions and Untruths". An exchange of correspondence followed, which can be found both at the Vanashakti website and at the website on the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act" put up by the Campaign [1].

[edit]Criticisms of the Act by Forest Rights Supporters

While supporting the principles of the law, forest rights supporters are not entirely satisfied with the law as finally passed. The recommendations of a Joint Parliamentary Committee on the law were partly rejected, and supporters of forest rights have claimed that some of the rejected clauses were important. In particular, the final form of the law is said to make it easier to exclude some categories of both tribal and non-tribal forest dwellers, to have undermined the democratic nature of the processes in the Act and to have placed additional hindrances and bureaucratic restrictions on people's rights [31]. The Campaign for Survival and Dignity described the final form of the law as "both a victory and a betrayal" in their official statement on the occasion [32].


[edit]The Notification of the Act and the Rules

The one year delay in the notification of the Act and the Rules was the subject of considerable Parliamentary and political uproar in the winter session of the Indian Parliament in 2007 [33]. There was also mass protests across India demanding that the Act be notified in October 2007, and in November 2007 a week long sit down protest took place in Delhi with the same demand [34].


On December 31, the Act was notified into force, and on January 1 the Rules for the Act - which provide the procedures for implementing its provisions - were also notified [35]. The Campaign for Survival and Dignity welcomed the notification but sharply criticised a number of provisions in the Rules, claiming that they undermined democracy and the spirit of the Act. For more information see the Campaign's press release [2].

[edit]Implementation of the Act

There have been numerous complaints regarding the manner in which the Act has been implemented after its notification. For instance, in September 2010, the Council for Social Development, a New Delhi based think tank, released a "Summary Report on Implementation of the Forest Rights Act" which stated that:


All of the key features of this legislation have been undermined by a combination of apathy and sabotage during the process of implementation. In the current situation the rights of the majority of tribals and other traditional forest dwellers are being denied and the purpose of the legislation is being defeated. Unless immediate remedial measures are taken, instead of undoing the historical injustice to tribal and other traditional forest dwellers, the Act will have the opposite outcome of making them even more vulnerable to eviction and denial of their customary access to forests... both the Central and the State governments have actively pursued policies that are in direct violation of the spirit and letter of the Act."[36]

The Ministry of Tribal Affairs releases monthly reports on the status of implementation of the Act. These can be obtained from the Ministry's website.




[edit]References

1. ^ Press releases on the Forest Rights Act by the Campaign for Survival and Dignity
2. ^ Ministry of Tribal Affairs
3. ^ Sarin, Madhu (May 5, 2005). "Scheduled Tribes Bill: A Comment" (PDF). Economic and Political Weekly 40 (21). Retrieved 2007-12-26.
4. ^ Legislations on Environment, Forests and Wildlife, from Ministry of Environment and Forests
5. ^ Prabhu, Pradip (August 2005). "The Right to Live With Dignity". Seminar (552).
6. ^ "Bad in Law", Madhu Sarin, World Bank website
7. ^ "Dispossessed and displaced: A brief paper on tribal issues in Orissa", Kundan Kumar, Vasundhara
8. ^ Gopalakrishnan, Shankar (June-July,2005). "Missing the Woods for the Trees". Combat Law 4 (4).
9. ^ The Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006
10. ^ Section 3(1) of the Act
11. ^ Section 3(1) of the Act
12. ^ Section 3(1) of the Act
13. ^ Section 3(2) of the Act
14. ^ Sections 3(1) and 5 of the Act
15. ^ Sections 2(c) and 2(o) of the Act
16. ^ Sections 2(c) and 4(1) of the Act
17. ^ Section 2(o) of the Act
18. ^ Sections 6(2)-6(6) of the Act
19. ^ Section 4(2) of the Act
20. ^ "Forest Rights: Why the New Law Needs to be Implemented", Shankar Gopalakrishnan, IANS
21. ^ Thapar, Valmik. "Conflict will go up by 10000 per cent", Daily News and Analysis, Dec 23, 2007
22. ^ "The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act"
23. ^ Truths and Falsehoods About the Forest Rights Act
24. ^ Section 4(2) of the Act
25. ^ Kothari, Ashish (December 30, 2006). "For Lasting Rights". Frontline 23 (26).
26. ^ Kothari, Ashish (December 30, 2006). "For Lasting Rights". Frontline 23 (26).
27. ^ "Understanding the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act"
28. ^ Sethi, Nitin. "Activists Come Out With Ads to Slam Forest Act", Times of India, October 23, 2007.
29. ^ Vanashakti.com
30. ^ Sethi, Nitin. "Activists Come Out With Ads to Slam Forest Act", Times of India, October 23, 2007.
31. ^ Prasad, Archana (December 30, 2006). "Survival at Stake". Frontline 23 (26).
32. ^ Campaign press release (see bottom of the linked page)
33. ^ The Hindu, "Notify Rules of Forest Act, says Brinda Karat", November 28, 2007
34. ^ Press releases on the Forest Rights Act by the Campaign for Survival and Dignity
35. ^ Sethi, Nitin and Mukul, Askhaya. "Forest Act Notified, Tribals Unhappy." Times of India, January 2, 2008
36. ^ Summary Report on Implementation of the Forest Rights Act, Council for Social Development, as posted on Campaign for Survival and Dignity website

Categories: Conservation in India | Indian law | Property law