Our Laws - Our Rights Module-2

Abstract

The Government should recognise the forest rights of tribals and other traditional forest dwellers, and obtain the written consent of the Gram Sabha before diverting any forest land for non forest purposes (For example, for construction of projects). (1) If any member of the family is employed by the Government, the others will not forfeit their forest rights. There is no compulsion that the entire family should depend on forests only. (2) The tribals will not lose their forest rights even if they change their residence. (3) The forest rights can be given individually and collectively to the Gram Sabha. (4) The permits to transport the non timber forest produce from the recognised forest areas should be given by the Gram Sabha only. (5) Community Forest Right Titles will be issued in the name of Gram Sabha. (6) The Gram Sabha has to certify that the process for recognition of forests rights is completed, for diversion of any forest land for any project and give a sritten consent for diversion. (7) No claimant should be evicted from the forest land until a final decision is taken regarding his claim. (8) The Gram Sabha or the Committees have to give reasons in the case of rejections of the claims. The PESA applies to Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana states to only the scheduled areas of these states. Gram Sabha can submit Utilisation Certificates even without spending funds released. So, we need to be cautious. Any deviation in the list of Scheduled Tribes as declared by the President is not valid. No Government can alter it. Courts will not take up any cases that seek a change to the STs list notified by the President of India. Only the District Collector is the competent authority to confirm the community certificate issued or cancel it. Once the community certificate is issued, it will be in force and valid till it is cancelled. The caste of a non-tribal will not change if he/she marries a tribal.Offspring born out of wedlock of inter-caste marriages cannot claim the social status of either mother or father automatically. The specific context of the birth of the child, traditions, , and the community acceptance are also crucial to determine such cases. The notified STs in one state cannot become STs of another State. The main reason that led to the enactment of this legislation is the diversion of funds allotted to SCs and STs sub plans. The Act ensures that the funds earmarked for the SC plan and TSP shall be spent for the purpose for which they are allocated, for the development of Scheduled Castes and Scheduled Tribes only. SC/ST habitation means where population of SCs or STs, or their combined population is not less than 40 percent of the total population of that habitation. The SC, ST Atrocities Act was enacted in 1989. After 25 years the amendment of 2014 provided for its effective implementation. Atrocities like tonsuring of head and removing moustache of members of SCs/STs have been added in the 2015 Amendment.