Forest rights group asks Tribal Affairs Ministry to withdraw stand on Gram Sabha consent

The Campaign for Survival and Dignity (CSD) has urged the Tribal Affairs Ministry to retract its stance that there is "no provision" under the Forest Rights Act (FRA) for obtaining consent from Gram Sabhas when diverting forest land for non-forest purposes. The CSD, representing Adivasi and forest-dweller organizations, denounced the Ministry's position as "factually and legally untenable" and "a shocking mistake that could have been avoided by reading the law itself."

The controversy arises as the Ministry is currently negotiating with the Power Ministry over the necessity of 100% Gram Sabha consent, which has become a significant obstacle delaying government projects. This issue was highlighted by a Parliamentary Committee informed by the Power Ministry's National Hydroelectric Power Corporation (NHPC).

The CSD argued that this requirement is not the primary reason for project delays; in fact, between 2008-09 and 2022-23, 3,05,945.38 hectares of forest land were approved for non-forest use under the Forest (Conservation) Act of 1980 without adhering fully to FRA provisions.

Former Environment Minister and Congress leader Jairam Ramesh had previously labeled the Tribal Affairs Ministry's stance as "shocking" and inconsistent with the law, Supreme Court judgments, and established procedures. The CSD echoed this criticism, alleging that the Ministry's position was motivated by appeasing project developers, contractors, and corporations.

They emphasized that the Gram Sabha consent requirement has been the established legal norm for nearly two decades and that attempting to reverse it through this method is "cowardly, anti-people, anti-democratic, and unconstitutional."

The CSD further criticized the Ministry for erasing the requirement of Gram Sabha consent from the law entirely, despite the Parliamentary Committee and the NHPC only suggesting reducing the 100% threshold. They pointed out that the Forest Rights Act is being widely violated, with the current NDA government rapidly diverting land for large-scale projects, endangering forests and the rights of forest-dwelling communities.