Question : Violation of Forest Right Act

(a) the number of cases of violation of provisions of (Recognition of Forest Rights) Act, 2006 being reported/noticed by the Government during each of the last three years and the current year in the country, State/UT-wise;

(b) the number of cases pending as on date and the steps being taken by the Government for their early disposal; and

(c) the other steps taken/being taken by the Government to safeguard the land rights and livelihood of tribals?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS
(SHRI JASWANTSINH SUMANBHAI BHABHOR)

(a) & (b) Complaints are received from time to time regarding implementation of the Forest Rights Act, 2006. The onus of implementation of the Act lies with State/UT Governments which is an ongoing process. Hence, these complaints are referred to the respective State Government/UT Administrations for taking necessary action at their level. This Ministry constantly follows up with the concerned States/UTs and provides support by holding consultations in different parts of the county and clarify doubts whenever required. A list of complaints received and action taken by the Ministry is Annexed.

(c) Section 4(5) of the Forest Rights Act, 2006 provides specific safeguards against the eviction or removal of a member of forest dwelling Scheduled Tribe or other traditional forest dwellers from forest land under his occupation till the recognition and verification procedure is complete. The Right to fair Compensation and Transparency in Land Acquisition. Rehabilitation and Resettlement Act 2013 also provides special safeguards for Scheduled Tribes with regard to their land rights and livelihood.

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Annexe
Annexure referred to in parts (a) & (b) in reply to Lok Sabha Unstarred Question NO. 1184 for answer on 25.07.2016 tabled by Shri Kanwar Singh Tanwar and Shri Rajesh Bhai Chudasama regarding Violation of Forest Right Act

S.No. Name of the Complainant Name of concerned State Nature of Complaint Action Taken
1 Shri Basudeb Acharia, M.P., Leader CPI Chhattisgarh Providing patta to the tribal population under FRA, 2006. Forwarded to State Govt. of Chhattisgarh for taking appropriate action
2 MS. Priya Pillai, Policy Advisor, Greenpeace India Madhya Pradesh Non-implementation of FRA in area proposed for diversion for coal mine. Forwarded to State Govt. of MP for taking appropriate action.
3 Dr. AnandMurai, Ex. Gen. Sec. JPCC & Patron Jharkhand Adivasi Mahasabha Jharkhand Charter of demands of tribal of Jharkhand State. State Government of Jharkhand is requested to take action.
4 Shri K.A. Gunasekaran, Tribal People Council, Tamil Nadu Tamil Nadu Non-implementation of FRA. State Government of Tamil Nadu is requested to take action.
5 Shri R.D. Negi, Kinnaur Van Adhikaar Dharak Kissan Sangh Himachal Pradesh Encroachment of the forest land. State Government of HP requested to take action.
6 Shri Digvijay Singh, Gen. Secretary, AICC Madhya Pradesh Chhattisgarh Demarcation of forest land and revenue land in the state. State Government of MP and Chhattisgarh were requested to take necessary action.
7 Shri Ramesh Nandwana, Coordinator, Jangal Zameen Jan Andolan, Udaipur Rajasthan Related to irregularities in the implementation of FRA. State Govt. of Rajasthan is requested to take action
8 Shri Kishore Kumar Parichha, Vice President, Odhia Kendupatra Karamchari Sangh, Odisha Odisha Non-implementation of FRA. State Govt. of Odisha requested to take action.
9 Shri Anil Garg, Madhya Pradesh Madhya Pradesh Non-implementation of FRA. MoEF and State Govt. of M.P. were requested to take action.
10 Ms. Archana Sivaramakrishnaan, Keystone Foundation Karnataka Reg. destroying the honey processing equipment by Range Forest Officer. State Govt. of Karnataka requested to take action.
11 Shri Sudhir Mungtiwar, President, BJP Maharashtra State Maharashtra Decision to seek the evidence in respect of the possession of forest land by ST in Maharashtra State State Govt. of Maharashtra is requested to take action.
12 Nikunj Garg, new Darpan Social Welfare Society, Bhopal Madhya Pradesh Wrongly stating of De-notified Forest Land which falls under the scope of FRA, 2006. State Govt. of Madhya Pradesh requested for appropriate action.
13 Sangmitra Dubey, Vasundhara, Bhubaneswar Odisha Plantation being carried out on forest land recognized under FRA State Govt. of Odisha requested for appropriate action.
14. Sh. Karam Ram, Vill. Sirsi, Post and Distt. Hazaribagh, Jharkhand Jharkhand For providing Patta of of 2.05 acres State Govt. of Jharkhand is requested for appropriate action.
15 Sh. Muktilal Ekka and others of vill. Kantapali, Distt. Sundargarh, Odisha Odihas Regarding rejection of claims under FRA State Govt. of Odisha requested for appropriate action.
16 Villagers of Village Gond Binapal, Distt. Kanker, Chhattisgarh Chhattisgarh Non taking decision on the community rights claims State Govt. of Chhattisgarh requested for appropriate action.
17 Villagers of Village Aturbeda, Distt. Kanker, Chhattisgarh Chhattisgarh Non taking decision on the community rights claims State Govt. of Chhattisgarh requested for appropriate action.
18 Villagers of village Peepala, Distt. Pali, Rajasthan Rajasthan Non taking decision on claims submitted under FRA State Govt. of Rajasthan requested for appropriate action.
19 71 representations of different villagers of Ratlam Distt. of Madhya Pradesh Madhya Pradesh Regarding disposing off of long pending claims and objections under FRA State Govt. of Madhya Pradesh requested for appropriate action.
20 Villagers of Village Ishramtnada, Teh. and Distt. Khandava, M.P. Madhya Pradesh Rejection of claims under FRA by Block and Distt. Committee State Govt. of Madhya Pradesh requested for appropriate action.
21 Kamal Kumar, President Forest Right Committee, Karnarthu, Village Fatahar, Distt. Kangra, H.P. Himachal Pd. Non transfer of land for village development State Govt. of Himachal Pradesh requested for appropriate action.
22 Sh. Muktilal Ekka, Village Badgaon, Odisha Odisha Allotment of land under FRA State Govt. of Odisha requested for appropriate action.
23 Villagers of village Khorari Teh. Majhgaon, Distt. Satna, M.P. Madhya Pd. Non-disposing of FRA claims State Govt. of Madhya Pradesh requested for appropriate action.
24 President, Van Adhikar Samiti, Vill. Rajgarh, Distt. Sivani Madhya Pd. For disposing of individual FRA claims State Govt. of Madhya Pradesh requested for appropriate action.
25 Sh. Pushpanjali Satpathy, vill. Patrapalli, Distt. Jharsuguda, Odisha Odisha Non receipt of community right under FRA State Govt. of Odisha requested for appropriate action.
26 Sh. Umeshwar Singh, Coordinator, Hasdeo Arnaya Bachao Simiti, Distt. Korba, Chhattisgarh Chhattisgarh Regarding rejection of community claims of village Ghjatbari, Distt. Sarguja State Govt. of Chhattisgarh requested for appropriate action.
27 Sh. Ghathya, Vill. Sarai, Distt. Khandva, M.P. Madhya Pradesh Rejection of individual claims State Govt. of Madhya Pradesh requested for appropriate action.
28 Sh. Jedu Singh Netam, Gondwana Mahasabha, Ditt. Balaghat, M.P. Madhya Pradesh Reg. approving the Divine Land as a community right. State Govt. of Madhya Pradesh requested for appropriate action.
29 65 applications from different villagers of Ratlam Distt. of M.P. Madhya Pradesh Regarding disposing off of long pending claims and objections under FRA State Govt. of Madhya Pradesh requested for appropriate action.

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