No Gram Sabha Consent Mandate Under Forest Rights Act, Tribal Affairs Ministry Tells Power Ministry
Tribal Affairs Ministry says Forest Rights Act has no provision for gram sabha consent for projects; such matters fall outside its purview.
The Ministry of Tribal Affairs has clarified that the Forest Rights Act (FRA) does not contain any provision mandating gram sabha consent for projects located in forest areas. The clarification came during discussions with the Union Ministry of Power, which had sought the Tribal Affairs Ministry's position on the requirement of '100% gram sabha consent' for such projects.
The Tribal Affairs Ministry further stated that matters relating to the requirement of gram sabha consent do not fall under its jurisdiction. This effectively shifts the responsibility to other ministries and departments that handle forest clearances and project approvals.
The statement is significant as it addresses a long-standing ambiguity over whether the FRA requires prior consent of gram sabhas before any project can be undertaken in forest lands. The Ministry's position suggests that the FRA does not impose such a condition, and that any consent-related requirements would stem from other legal provisions.
The clarification is expected to influence how power and infrastructure projects in forest areas are cleared, potentially easing the approval process. However, it may also raise concerns among tribal rights activists who have argued that gram sabha consent is a crucial safeguard under the FRA.
The Ministry's response was part of an inter-ministerial discussion, and no further details were provided in the wire copy.