Justice Lokur flags poor implementation of FRA, PESA; says tribal rights being undermined

New Delhi, Former Supreme Court Justice Madan B Lokur on Sunday flagged the inadequate implementation of the Forest Rights Act and the Panchayats Act, saying tribal rights over land, forests and natural resources were being undermined and the authority of Gram Sabhas bypassed.Justice Lokur flags poor implementation of FRA, PESA; says tribal rights being underminedAddressing a gathering of the Adivasi Adhikar Rashtriya Manch here, Lokur said the Forest Rights Act , enacted in 2006 to recognise and protect the rights of forest-dwelling tribal communities and other traditional forest dwellers, had not been properly implemented even after nearly two decades."The biggest problem facing the Adivasis is the implementation of the law," Lokur said, stressing that unless the government recognised and implemented the rights provided under the FRA, thousands of cases would continue to be filed against tribal people.He said a large number of claims had been filed under the FRA, but even after nearly 20 years, decisions on land, minor forest produce and other tribal rights were still pending in many cases."Even now, these cases are continuing. No decision has been made about the land, no decision has been made about minor forest produce, no decision has been made about the rights of the Adivasis," he said.Lokur also highlighted the failure to properly implement Panchayats Act , a 1996 law that extends the Panchayati Raj system to Scheduled Areas and gives Gram Sabhas a key role in deciding matters concerning local communities and their resources."It has been 30 years since this law was passed. And it has not been implemented properly," he said.Referring to the Supreme Court's 2013 judgment in the Odisha Mining Corporation case concerning bauxite mining, Lokur said the court had clearly recognised the role of Gram Sabhas in deciding matters affecting the rights of tribal communities."The government says, 'You have told us, we will decide.' The Gram Sabha will not decide. This is not according to the law. This is not according to the FRA. This is not according to the PESA," Lokur said.He said the inadequate implementation of the FRA and PESA was contributing to the erosion of tribal rights over land and natural resources.The former apex court judge also raised concerns over the changing nature of employment opportunities for tribal communities, particularly following the replacement of MGNREGA with the new law.Recalling his experience of monitoring the implementation of MGNREGA-related issues while in the Supreme Court, Lokur said many people at the grassroots level faced problems in obtaining job cards and work and in receiving wages on time.The Supreme Court had issued several directions to improve implementation, following which the situation had improved, he said.Lokur said around 30 per cent of the beneficiaries of MGNREGA were tribals and expressed concern over the impact of the new legislation that replaced the rural employment programme."It is too early to say whether the tribal people will benefit from this or not," he said, adding: "But what I want to say is that employment opportunities that the poor and tribal people had are slowly diminishing along with their rights," Lokur said.He also spoke about mining activity and alleged that the granting of mining leases was resulting in the loss of large tracts of land traditionally inhabited or used by tribal communities.Mining operations brought machines and large numbers of trucks, leading to the destruction of houses and trees, pollution and displacement, he said."This is a kind of migration, forced migration, where people have to leave," Lokur said.Recalling a case he had dealt with in the Supreme Court involving two tribal girls aged around 15-16 who had come to Delhi to work in a household, Lokur said the girls had initially been described as having been sent to the city for education.When the court interacted with them, it emerged that they had been sent to work because there were no employment opportunities in their area after mining activity had disrupted livelihoods, he said.Lokur said the case was not an isolated instance and that many tribal boys and girls from states including Jharkhand, Chhattisgarh and Maharashtra had migrated to Delhi and other places for work.He also expressed concern over the state of education in tribal areas, citing reports of a large number of schools being shut down and saying many of the remaining schools lacked basic infrastructure."If you are shutting down 20-25 schools every day, then how will people be educated?" he asked.Lokur said poor school buildings, lack of toilets and drinking water, inadequate teaching staff and the absence of books and libraries were among the problems faced by children in several areas."If these tribal people are treated as our own people and their rights are recognised, whether it is about land, natural resources, employment, education or children, according to me, these problems can be solved easily," he added.PTI AO PRKThis article was generated from an automated news agency feed without modifications to text.