New Delhi: A historic bill to protect the rights of tribal people to the forestland they have been living on for generations and to forest resources that were their traditional means of livelihood was passed in the Lok Sabha on Friday.
The Bill was earlier vehemently opposed by a group of wildlife enthusiasts, including some Congress MPs, saying it would lead to a loss of 60 percent of the country's forestland to a small group of tribals and spell disaster for forests and wildlife, especially endangered species like the tiger.
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Bill 2006 recognises and vests in Scheduled Tribes and traditional forest dwellers—who do not have land records as proof—the land they are living on and the right to sell "minor forest produce".
With the passage of the Bill, the Scheduled Tribes living in forests and other tribals, who have been dwelling in forests for three generations, will be entitled to have the right to four hectares of land, where they can cultivate. They will have access to and ownership of minor forest produce, rights of grazing and access to traditional seasonal resources.
The government accepted an amendment suggested by the Left and some Congress MPs, that the cut-off date for being covered under the ambit of the new Bill be extended from October 31, 1980 to December 13, 2005. The original date was opposed by Left parties, saying it would have led to mass eviction of tribals from the forests.
The government has also been under severe pressure from its Left partners to bring in the bill in the Winter Session itself. The Bill, adopted unanimously by the Lok Sabha, is expected to be passed in the Rajya Sabha next week before the session ends on December 19.
During the discussion over the Bill, the BJP suggested that it should be brought under the ninth schedule to prevent it from being questioned in the courts.
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BJP MP Jual Oram, Congress MPs Madhusudan Mistry and Sandeep Dikshit asked the government to add Non-Timber Forest Produce like stone, sand and bamboo to the list of minor forest produce allowed to be taken out of the forest for sale by tribals.
The Bill was introduced in the Lok Sabha in December 2005, and referred to a Joint Parliamentary Committee following objections by political parties.
The Tribal Affairs Ministry had drafted the Bill but the environment and forest ministry later prepared another draft including occupancy rights of forest-dependent communities. The standoff on this issue led to the intervention of the Prime Minister's Office in October.
It backed the draft prepared by the tribal affairs ministry and sent it to the law ministry for examination.
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