People's Democracy

Towards A Campaign For The Proposed 
Amendments In The Tribal Rights – II 

Brinda Karat  

INCLUSION OF WOMEN’S RIGHTS & EXPANSION IN 
THE RIGHTS CHAPTER 
  
The crucial chapter on definition of forest rights has been expanded to include equal rights of women in all rights conferred by the bill including in minor forest produce. Special provision is to be made for female headed families and single women. While the writ of customary laws if more rights are available under them has been retained, a special mention is made that these should not discriminate against women. Other important rights such as community rights for patents over bio-diversity, medicinal plants etc. have been included. Along with further elaboration of what constitutes minor forest produce such as for example weeds and fish in water bodies in the forests the amendments remove any ambiguities regarding the rights of tribals for the use, transport and sale of minor forest produce. It also includes an amendment to protect minor forest users from commercial sharks by including government responsibility to offer minimum support prices as a choice for these communities. Many state governments already have such corporations. 
  
Democratising the Structure 
  
The bill in its present form gives the final authority regarding the rights to be decided under the bill as far as identification of beneficiaries is concerned to committees dominated by officials including the Forest department who are in perpetual conflict with tribals. Amendments moved in this regard have been made keeping in mind the provisions of PESA, which, at least in letter gives primacy to gram sabhas in fifth schedule areas. Further, the bill in its original form takes away from the rights that communities and individuals enjoy at present in the sixth schedule areas rather than empowering them. It does not recognise village committees, traditional tribal councils or those elected under the various provisions of laws valid for the sixth or fifth schedule areas. Thus a crucial amendment is to give the right of final authority to the gram sabha which also has been redefined to include habitations, tolas, padas etc The understanding behind empowering gram sabhas is that there is a greater danger of excluding legitimate beneficiaries if the power of final authority is given to those who are committed to clearing the forests of human habitation as has been proved by their past record. Given the small extent of land involved when taken as a percentage of total forest land, the error of inclusion if the power is shifted to the gram sabha is far less dangerous than that of exclusion, more so when the bill is meant to undo the centuries of injustice that tribals have faced. There will be more transparency in settlement of rights or declarations of ineligibility in gram sabhas or equivalent bodies.

At the same time amendments have been made regarding composition of different committees being set up under the bill to ensure representation of tribals and traditional forest dwellers of whom at least one third should be women. 

Development and Government responsibility

An important amendment is to introduce as part of the bill an MOEF circular that permits expansion of certain development projects on upto one hectare of land without permission of the forest department such as health centers, primary schools etc.

An important inclusion is that of the responsibility of the government to ensure protection of the rights given under the bill and to take responsibility to ensure that the vested interests who are the real criminals in destroying the forests for profit are prevented from doing so. 
  
Rights and Penalties 
  
The committee has deleted the rather draconian section on penalties since there are already laid down procedures in different laws and inclusion in this bill would mean double punishment for the same offence.  

As far as rights are concerned the amendment is that this bill will override all other bills except where communities enjoy more rights. This is necessary because in some sixth schedule areas communities enjoy more rights in some spheres than enunciated in the bill 

Other Amendments and recommendations

Important recommendations of the committee include a relief and rehabilitation policy with strict conditions to be fulfilled failing which no displacement can take place, recommendations regarding rights of tribals over minerals. The committee has recommended that the act be placed in Schedule IX of the constitution. This is to ensure that there are no further delays in settlement of tribal rights and those of the other exploited marginalised sections through litigations and court cases. Such court cases will sabotage the bill itself and lead to further injustice. There are several other amendments all with a view to strengthen the bill.

Conclusion 

In its amended form the bill will certainly be a big step forward in the struggle for tribal rights and those of marginalised communities. The widespread observance of Tribal Rights Day last November was part of the struggle by the party for pro-tribal, pro-poor changes in the bill. These changes have now been made. However the amended bill is yet to be cleared by the cabinet. It is necessary for our party units particularly those working among tribals and other traditional forest dwelling communities to understand and widely propagate the important changes that have been made by the joint committee so that there is popular mobilisation to ensure that the amendments of the committee are accepted and not diluted by the government under pressure from different lobbies.