Title - No dilution of tribal rights while clearing projects

NEW DELHI: With environment minister Jayanthi Natarajan insisting that rights of tribals cannot be overlooked while clearing projects in forest areas, government has now decided against changing the norms for forest clearances, except in the case of rail tracks, roads and power lines — called linear projects.The decision came following a meeting called by PM Manmohan Singh with Natarajan and tribal affairs minister V Kishore Chandra Deo after the two had voiced opposition to a PMO report asking for severe dilution to the rules requiring consent from gram sabhas (village councils) for projects in forests where tribals dwell traditionally.At the meeting, sources said Natarajan pointed out that the dilution recommended in the PMO report would fall foul of the pro-tribal law that UPA had passed in its first tenure and would require amending the legislation.In contrast to the environment minister, Deo seems to have come around to accepting the PMO report on tribal rights, writing to Natarajan a few days ago that he was in broad agreement with the recommendations.But Natarajan, whose ministry gives green clearance to projects keeping tribal rights under the Forest Rights Act in mind, said the law provided a central role to gram sabhas in recognizing and securing rights and therefore could not be taken out of the picture while giving forest lands to project proponents.The debate over consent from gram sabhas and tribal rights has oddly re-opened within the government at a time when it is defending the case of denial of mining rights to Vedanta in Odisha in the Supreme Court. The UPA had cited tribal concerns as the key reason for stopping the project even as Congress scion Rahul Gandhi had taken the lead in projecting the government's pro-tribal stance. Natarajan and Deo had warned in their earlier arguments that whittling down tribal rights now would weaken their case in court.At the PMO meeting, sources said the leaders agreed to find a simpler dispensation for linear projects — roads, railway lines and power lines -- which could include de-linking forest clearances from environmental clearances.

However, it was pointed out that this would require asking for relief from the Supreme Court. The apex court in its earlier orders (commonly known as Lafarge judgment) had joined the two separate clearances, predicating one on the other.

It was decided at the meeting that a relaxation could be sought once the National Highways Authority of India withdrew its case against the environment ministry before the apex court — a move that had the approval of the highest levels initially but led to embarrassment in government circles.

Sources said amending the existing norms and postponing verification of tribal rights after an unconditional clearance had been given to projects could lead to greater litigation and financial losses against the projects or end up binding the government to give the nod even in the face of violations.

Natarajan, sources said, opposed watering down the need for an explicit consent from tribal villages to consultations as part of public hearings held for environmental clearances, noting that it would render the Forest Rights Act toothless.