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Subject: India Thinkers Net - March16, 2005



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From: "River Basin Friends\(NE\)" <riverbasinfriends@yahoo.co.in>
Date: Wed Mar 16, 2005 0:44pm
Subject: Tribals in dark about rights over forest land  

Tribals in dark about rights over forest land


SILCHAR, March 15: Sixteen tribal groups in the Barak Valley with a population of 1.80 lakh and spread across 714 villages continue to grope in the dark about their traditional rights over forest land. They are now confronted with encroachment on their land allegedly by Bangladeshi nationals.

Some of the hamlets in Hailakandi district have reportedly lost their tribal identity. In the villages of Khulicherra, Kalahawar, Dhanipur and Dholakhal on the Cachar-Mizoram border, the tribal residents are allegedly facing threats, intimidation and fabricated charges. There are also reports of assault on their women folk ostensibly to create a fear psychosis among them. Sources said that it was part of the design to force the tribal residents to desert their hearths and make way for the people of doubtful citizenship.

The Reangs, who have been apprehensive about the recent developments, in a memorandum to the Deputy Commissioner of Cachar demanded the grouping of their seven villages for reasons of safety and security. Kamalajay Reang of Bandrakhal said, "We are being harassed and put under pressure. Some people in the remote, isolated areas have retreated to deep jungles."

Ambica Rani Burman, secretary, Dimajik Welfare Society, Kalahawar, narrated various incidents of atrocities on tribal women. "Outraging the modesty of women is not uncommon," she pointed out. The Society has submitted a litany of atrocities on women in writing to the Superintendent of Police, Cachar.

Reports suggest that the encroachers on the peripheries of the tribal villages are even branding the innocent tribals as ???insurgents??™ and implicating them in concocted cases. Chandramani Bru of Satrakhal village alleged that 17 men were recently picked up by the police, and that six of them had been put behind the bar. The tribal residents are also being implicated in false cases of destruction of forest wealth, he added.

"If this aggressive design is not contained, the very existence of the tribal people will be under threat," said Kombi Rongmei.

Against this backdrop, tribals need Constitutional, legislative and administrative safeguards for protecting their identity and rights. Santanu Naik, leading advocate, speaks of the Prevention of Atrocities on SC/ST Act of 1989. This Act has the provision for appointing one ADC to look into the affairs of tribal communities.

Most importantly, in order to reinforce the rights of tribals over forest land, the Union Ministry of Environment and Forest advised the States and Union Territories way back in 1990 through a memo no. 13-1/90FP (2) and (3) to settle the claims of the tribal people with respect to their land.

However, a letter of the Ministry dated February 5, 2004 to the States and Union Territories expressed unhappiness over the ???silence??™ of most States and UTs on the issue. Kerala is one of the few States which has implemented the Central guidelines.

It may be mentioned here that the Central guidelines stress on incorporating the traditional rights of the tribal population over forest land into relevant Acts, rules and regulations. There is also emphasis on the proposals from the States and the UTs to the Centre for recognizing legal rights over forest land under the Forest (Conservation) Act of 1980 by taking December 31, 1993 as the cut-off date.

The Central guidelines also focus on biodiversity conservation with rehabilitation package and put the responsibility on the DCs, SPs and DFOs to thwart any fresh occupation of forest land. They are subject to disciplinary action for such encroachment.

There is also mention of constitution of monitoring committees at the district and circle levels and need for prompt action for eviction in the event of encroachment.

The Centre cautioned the States in a fresh directive to settle the tribal rights within a year after which no proposal would be accepted and no financial package would be considered. The deadline expired on February 5 this year. One might ask: has the Government of Assam taken steps to implement the guidelines? The ground reality tells a different tale.

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Brahmaputra basin likely to be excluded in River-linking  

Brahmaputra basin likely to be excluded in River-linking

NEW DELHI, March 14 ??“ The inter-State river-linking project is likely to leave the Brahmaputra river basin and others in the Himalayan Zone untouched, as the UPA Government has decided to mainly focus on rivers in the Peninsular Zone.

Divulging this, Union Water Resources Minister Priya Ranjan Dasmunshi today sought to dispel doubts over the ???River-Linking Project??™, asserting that the UPA Government has not abandoned the project. The first river-link would be ready by the end of the year, he said. However, Minister of State for Water Resources Jai Prakash Narayan Yadav said that the Union Government has not received any communication from the Assam Government on the concern of scientist with regard to the proposal for linking of rivers of the country.

The UPA Government soon after assuming office decided to further investigate the river-linking project promoted with much fanfare by the previous NDA regime and the Common Minimum Programme (CMP) decided to concentrate on peninsular river.

Responding to questions in the Lok Sabha during Question Hour this morning, the Minister tried to spell out the UPA Government??™s policy on river-linking projects and its plans regarding flood and drought-hit areas.

???The UPA Government has adopted a new plan to tackle the flood problem and the Task Force Report has been received by the Prime Minister and we are working on it,??? Dasmunshi said.

The Minister also sought to drive home the point that the Government has a long way to go before the river linking project is executed citing technical feasibility, political consensus, environment clearance, funding among others as key factors. ???I would not even call it a Project but a concept,??? he said.

The Minister, however, clarified that the Centre was not contemplating nationalisation of the rivers by bringing them in the Union List, pointing out that it was a highly debatable issue.

Within the State, the State Government enjoys the right over water, while tribunals settle the inter-State river disputes. Dasmunshi listed out seven steps, which he described as mountains involved in implementation of the river-linking project.

The first step is signing of the MoU with the States, then techno-environment clearance, funds, finalisation of the Detailed Project Report (DPR), preparation of Action Taken report (ATR) and finally its execution.

Allaying apprehension about the UPA Government??™s intention, the Minister said that the Task Force on Inter-Linking of River (TFILR) project was wound up because it had finished its job. ???We are working according to their suggestion and separate committees including one on preparing technical consensus and a special cell to implement the project have been set up.

The National Water Development Agency (NWDA) has been directed to prepare all the feasibility report by the year, he said.

At least 16 feasibility reports are ready and two others are in the process and the Centre has filed a full-length affidavit before the Supreme Court and presentations made before the Prime Minister and Planning Commission, he said.

The Prime Minister has directed that top priority be accorded to environment clearance. ???Environment clearance is most vital and we will not create hara-kiri,??? he said. But he added one of the major tasks the Suresh Prabhu Task Force could not complete was evolution of political consensus. According to an estimate, implementation of the Inter-linking of River (ILR) programme would depend on how fast the consensus between concerned States is arrived at for preparation of the DPR of the proposed link . In this connection, the Minister said a Chief Minister??™s conference was being convened to discuss the river-linking project. First the Minister of Water Resources (MoWR) would discuss the river-linking project bilaterally with Chief Ministers before a conference is convened.

The Minister further added that technical consensus was evolved concerning two rivers-links involving Madhya Pradesh, Rajasthan and Uttar Pradesh. The 16 links have been identified for the preparation of feasibility reports under peninsular component. The estimated cost of these links at the 2002-2003 price level was Rs 1,85,000 crore.



ravindranath
AKAJAN
District-Dhemaji.787059.
Assam. India.
Mobile-09435089275
E mail.assamravi@y...
 







 








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