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In what has been called as “ease of snatching” of forest land, the Ministry of Environment, Forest and Climate Change (MoEFCC) notified the Forest Conservation Rules, 2022 under the Forest Conservation Act on 28 June, which will let private developers cut down forests without first ensuring the consent of the forest dwellers, a change that violates a provision of the Forest Rights Act.
Meanwhile, the new rules allow the union government to permit the clearing of a forest before consulting its inhabitants, making the consent itself fait accompli (leaving them with no option but to accept it), NewsLaundry reported.
Earlier, the Union government was required to verify the consent of the forest dwellers and ensure recognition of their rights over the forest before private projects could be approved.
Now, the handover of the forest can be approved and the Centre can collect payment for compensatory afforestation from the private developer even before the state government ensures consent of the forest dwellers.
The 2006 law requires governments to seek free, prior, and informed consent of forest dwellers before allowing a project on their traditional lands.
In order to ensure provisions of the Forest Rights Act were adhered to, the forest ministry had mandated through a circular in 2009, that the ministry check whether there are any ST claimants to the forestland, verify their claims and grant them ownership of the forestland well before the in-principle clearance is granted, Newslaundry reported.
Only then, once the claims are settled, can the consent of forest dwellers be sought through the gram sabha, for the take over of their land.
The new rules essentially do way with this crucial process.
Part of the new rules read:
The Forest Conservation Rules 2022 are to be placed for approval before the Lok Sabha and the Rajya Sabha for 30 working days in one or more sessions.
The Indian National Congress and the Union government on Sunday, engaged in a spar on Twitter over allegations of the Centre diluting the Forest Rights Act with the introduction of latest forest conservation rules.
Taking his criticism to Twitter, former Union environment minister Jairam Ramesh claimed that the new rules do not mention the earlier requirement of attainting a gram sabha NOC before diverting forestland for a project. He added that these rules also allow forest rules to be settled after the final approval is granted by the centre.
In his statement, Ramesh said:
Shortly after Congress' criticism, Union Environment and Forests Minister Bhupender Yadav defended the rules on Twitter and said that the notified rules are not inconsistent with the Forest (Conservation) Act, whose compliance can be ensured “subsequently.”
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