No deviations, please
In a potentially revolutionary move, the Ministry of Environment and Forests in July “invited the attention” of states to the Scheduled Tribes and Other Traditional Forest Dwellers Act 2006, and directed that its provisions be adhered to while considering any diversion of forest lands for development projects. In a bid to correct this anomaly, the MoEF has asked that states “initiate and complete” the process under the FRA, and present the following kinds of evidence while submitting proposals under the FCA: A state government certificate that the process for identification and settlement of rights under the FRA has been carried out for the entire forest area proposed for diversion, with a record of all consultations and meetings held. Additionally, the FRA also provides for communities to avail of small-scale development facilities, and the state is required to provide evidence that any diversion of forest land needed for this has been discussed with the gram sabha, which has consented to or rejected such diversion. If this circular had been in force since the FRA was operationalised, it is more than likely that the Vedanta clearance would never have been given, since the gram sabhas would have refused consent.
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