ST Commission to seek report from NTCA on villages’ relocation from tiger reserves

Context: The National Commission for Scheduled Tribes (NCST)
has taken cognisance of representations sent to it against a June advisory of
the National Tiger Conservation Authority (NTCA), asking state forest departments
to submit action plans on the relocation of villages from tiger reserves. The
commission decided to seek a report from NTCA on the relocation issue, highly
placed sources in the commission confirmed. The September meeting’s decision was
ratified in the last week of October. The NCST, a constitutional body, held a
full commission meeting on the issue on September 24 with chairperson Antar
Singh Arya and its three members in attendance.

Key points

·      
National
Commission for Scheduled Tribes: Formation- NCST was set up in 2004 by amending Article 338 and by
inserting a new article 338A in the Constitution through the 89th Constitution
Amendment Act, 2003. Hence, it is a constitutional body.

Objective- Article 338A inter-alia gives powers to the NCST to oversee the
implementation of various safeguards provided to Scheduled Tribes (STs) under
the Constitution or under any other law for time being in force or under any
other order to the Government and to evaluate the working of such safeguards.

Composition- It consists of a Chairperson, a Vice-Chairperson and 3 other Members
who are appointed by the President by warrant under his hand and seal.

·      
National
Tiger Conservation Authority: It
is a statutory body under the Ministry of Environment, Forest, and Climate
Change (MoEFCC). It was established in 2006 under Wildlife (Protection) Act
1972.

Objectives- Providing statutory authority to Project Tiger so that compliance of
its directives becomes legal. Fostering accountability of Center-State in
management of Tiger Reserves by providing a basis for MoU with States within
the federal structure. Providing for an oversight by Parliament. Addressing
livelihood interests of local people in areas surrounding Tiger Reserves.

Composition- Minister in charge of MoEFCC (as Chairperson), Minister of State in
MoEFCC (as Vice-Chairperson), three members of Parliament, the Secretary
(MoEFCC), and other members.

·      
News
overview: Union Environment Ministry and
NTCA on its 2018 recommendations to revise the compensation package offered to villagers
voluntarily opting to move out of tiger reserves. The NCST had said in October
2018 that the compensation package should be provided based on the Land
Acquisition, Rehabilitation and Resettlement Act, 2013. It added that the
compensation package should include the monetary package along with the full range
of entitlements as provided under the 2013 Act.

·      
Land
Acquisition, Rehabilitation and Resettlement Act, 2013: The 2013 Act replaced the Land Acquisition Act, 1894
(1894 Act) and provides for higher compensation to those deprived of land by
the government for both public and private sector projects.

Provision- Under Section 24(2) of the 2013 Act, land acquisition made under
the old law of 1894 lapses if the award of compensation had been made five
years before the new Act came into force but has not been paid.

·      
Violations: NTCA’s letter was in violation of the Forest
Rights Act, 2006, and the Wildlife (Protection) Amendment Act, 2006, as it
sought time-bound village relocation plans for a process that is voluntary, as
per law Under the Wildlife Protection Act, areas free of human settlements can
be created in the core of tiger reserves.