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.
“Even now, these cases are continuing. Addressing 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. 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.
“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. 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.
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.
He said the inadequate implementation of the FRA and PESA was contributing to the erosion of tribal rights over land and natural resources. “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.
