Centre racing against time on Tribal Act
The notification of the law, known more commonly as the Tribal Act, would lead to the grant of land rights to tribals and other traditional occupants of forest lands
By TNN |
NEW DELHI: With Gujarat elections scheduled for December 11 and 16, 2007, time is running out for the Congress-led UPA government to get the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights Act) 2006 notified.
The notification of the law, known more commonly as the Tribal Act, would lead to the grant of land rights to tribals and other traditional occupants of forest lands and could influence election results in large tribal swathes of Gujarat where the Congress has been losing seats to the BJP in the last state and Lok Sabha elections.
However, strong opposition from an influential section of the Congress leadership has stalled the notification of the Act despite the Tribal Affairs Ministry’s go-ahead. This section of influential young Congress leaders, driven by the wildlife cause, have been opposed to the proposal on the ground that giving tribals land rights in sanctuaries and other critical wildlife habitats would worsen the threat to endangered tiger and other animal species.
While the Tribal Act itself has provisions for declaring inviolate spaces — where human habitation is prohibited — within forests, the question that is now stalling the notification is whether to grant tribals land rights in these special zones and then relocate or rehabilitate them with due compensation.
The Congress functionaries believe that once the law is notified, getting tribals to relocate from inviolate areas will be quite a problem. It, therefore, favours relocating tribals first under the provisions of environment ministry laws with a compensation of Rs 10 lakh. Another vocal group within the party, ostensibly led by tribal leaders from Madhya Pradesh, Rajasthan and Chattisgarh — which are all going to the polls next year — wants the Tribal Act notified first.
The Congress' dithering has already gifted Gujarat Chief Minister Narendra Modi an election issue. Citing the delay by the Centre in notifying the Tribal Act, Mr Modi announced the state government's intention of distributing forest land to tribals. With the Supreme Court blocking this move, Mr Modi is now laying the blame at the Congress doorstep “for approaching the apex court to stop the distribution of land to tribals”. Madhya Pradesh CM Shivraj Chauhan has also made a similar announcement in his state.
The Congress' performance in Gujarat's tribal-dominated constituencies — which number 62 — had been very poor during the 2002 elections. It had managed to win only 7 out of these 62 seats in the 182 member Assembly. The party is now hoping to convince the electorate by claiming to be instrumental in getting the Tribal Act passed even if the law has not been implemented yet. However, with elections in Madhya Pradesh, Rajasthan and Chattisgarh to be held by the end of 2008, the party just cannot afford to put on hold the implementation of a law that has the Parliament sanction.
The notification of the law, known more commonly as the Tribal Act, would lead to the grant of land rights to tribals and other traditional occupants of forest lands and could influence election results in large tribal swathes of Gujarat where the Congress has been losing seats to the BJP in the last state and Lok Sabha elections.
However, strong opposition from an influential section of the Congress leadership has stalled the notification of the Act despite the Tribal Affairs Ministry’s go-ahead. This section of influential young Congress leaders, driven by the wildlife cause, have been opposed to the proposal on the ground that giving tribals land rights in sanctuaries and other critical wildlife habitats would worsen the threat to endangered tiger and other animal species.
While the Tribal Act itself has provisions for declaring inviolate spaces — where human habitation is prohibited — within forests, the question that is now stalling the notification is whether to grant tribals land rights in these special zones and then relocate or rehabilitate them with due compensation.
The Congress functionaries believe that once the law is notified, getting tribals to relocate from inviolate areas will be quite a problem. It, therefore, favours relocating tribals first under the provisions of environment ministry laws with a compensation of Rs 10 lakh. Another vocal group within the party, ostensibly led by tribal leaders from Madhya Pradesh, Rajasthan and Chattisgarh — which are all going to the polls next year — wants the Tribal Act notified first.
The Congress' dithering has already gifted Gujarat Chief Minister Narendra Modi an election issue. Citing the delay by the Centre in notifying the Tribal Act, Mr Modi announced the state government's intention of distributing forest land to tribals. With the Supreme Court blocking this move, Mr Modi is now laying the blame at the Congress doorstep “for approaching the apex court to stop the distribution of land to tribals”. Madhya Pradesh CM Shivraj Chauhan has also made a similar announcement in his state.
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The Congress' performance in Gujarat's tribal-dominated constituencies — which number 62 — had been very poor during the 2002 elections. It had managed to win only 7 out of these 62 seats in the 182 member Assembly. The party is now hoping to convince the electorate by claiming to be instrumental in getting the Tribal Act passed even if the law has not been implemented yet. However, with elections in Madhya Pradesh, Rajasthan and Chattisgarh to be held by the end of 2008, the party just cannot afford to put on hold the implementation of a law that has the Parliament sanction.
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