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Activists write to PM on the dilution of the Forest Rights Act

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Expressing concerns over "consistent efforts" of the Union ministry of environment and forests (MoEF) bringing out resolutions and orders in violation of the Forest Rights Act (FRA) 2006, a group of tribal rights activists, environmentalists, forest worker rights from across India have now written to prime minister Narendra Modi urging him to not follow development at expense of rights of tribals.

"We hope that sabke saath, sabka vikas will not mean development at the expense of political, economic and social rights of the forest dwelling and dependent communities, which remain amongst the most oppressed and marginalized in independent India. Our expectation is that keeping with the commitment towards inclusive and sustainable development and pro-people good governance, the NDA government will uphold the spirit and letter of FRA Act 2006," said the letter sent by activists to Modi on Monday. A similar letter was also sent to environment minister Prakash Javadekar.

The angry letter by activists comes after October 28 MoEF letter sent to all states which paves way for dilution of provisions of FRA Act 2006. dna had last week reported about the MoEF letter and activists intention of approaching PM and, if needed, courts later.

The MoEF letter basically exempts proposals seeking diversion "of plantations which were notified as forest" from the requirement of "initiation and completion of process for recognition and vesting of forest rights of scheduled tribes and other traditional forest dwellers". It then goes on to say that in such case certifying letters from district collectors would be enough for diversion of land. In simple terms, it would empower a district collector to claim that there is no need to implement the FRA Act in a particular area.

It is the gram sabha under the FRA Act 2006, which is the authority to initiate this process. Under FRA Act 2006, gram sabhas are empowered to give consent for diversion of forest land for non-forest purposes like setting up of industrial projects and that has been the problem area for industries in India. Thus the MoEF order eases the way for corporates and frees them from getting consent from village councils which in many of the cases deny permission.

FRA Act, 2006 was passed by UPA-I to undo the historical injustice suffered by forest dwelling tribal and non tribal communities.

The activists in their letter to Modi punched holes in arguments of MoEF and instead asked the PM to strengthen the Union Tribal Affairs ministry which is the nodal authority for implementation of the FRA Act.

"The FRA provides the opportunities for inclusive governance by giving the forest dwelling communities their democratic right to own, access and take decisions regarding their forest lands and resources. The enactment of the FRA itself was a result of years of suffering and struggles by these communities. We urge you to empower and strengthen the Ministry of Tribal Affairs in being able to implement the Act effectively on the ground and withdraw all government orders, resolutions and letters which dilute, violate, provide exemptions or in other ways weaken the FRA with an immediate effect," the activists said in their letter.

The signatories to the letter includes activists like Neena Pathak and Meenal Tatpati of Kalpavriksh, Tushar Dash, Y Giri Rao, Souparno Lahiri of All India Forum of Forest Movements and dozens of others from across India.

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