Dear Sir,

This is in reference with the draft of the Scheduled Tribes (Recognition Of Forest Rights) Bill 2005, that is open to public viewing and discussion.

I am seriously concerned that the Bill, which in its present form, will neither serve the interests of the tribals nor of the forests. What is most disturbing is that the Bill does not take into account the most important contribution of forests – as catchment areas of our water resources. The Bill does not serve as a credible long-term solution for the betterment of tribals, the very objective of such a proposal. In the process of implementation, tribal communities will, ironically, be the worst sufferers. The long-term consequence will be social mayhem, triggered by the destruction of the subcontinent’s purest water sources. The proposed Scheduled Tribes (Recognition of Forest Rights) Bill, 2005, (STB) threatens to displace wild species – the original citizens of the forest. It would be a monumental error to try and turn back the pre-colonial clock, without understanding the fragility of relic ecosystems and the realities of the present times.

The Bill in its present form is inadequate and impractical and I would therefore request the Ministry of Tribal Affairs and the Government of India to redraft the Bill after detailed discussions with NGOs – those representing human rights issues as well as wildlife and also other citizen organisations.

What the proposed tribal bill seeks to do is shocking:
1. The Bill is intended to apply to National Parks, Sanctuaries and Reserved Forests, annihilating almost all the forest cover that is left.

2. It seeks to override provisions of the Indian Forest Act, 1927, the Forest Conservation Act, 1980 and the Wildlife Protection Act, 1972. It will also negate a whole series of orders passed by various Courts in India for the protection of National Parks and Sanctuaries. Our protected forest areas are the only homes left of wildlife. The proposed Bill will increase encroachment of Protected Areas and result in the eventual edging out of wildlife.

3. It seeks to give title to land to encroachers who were occupying lands as on October 25, 1980 (the date when the Forest Conservation Act came into force). The clause that “any such other date as the Central Government may, by notification in the Official Gazette, specify.” This allows space for any kind of manipulation in the future.

4. Whilst the Bill seeks to confer rights on these encroachments, it does not deal with how the tribals will benefit from lands that cannot be cultivated (most of these are poor rain-fed rocky soils unfit for agriculture) and cannot be sold or transferred.

5. The most important value of the forests i.e. its role in providing water is completely ignored.

I hope the Ministry and the Government of India will take into account the above reservations and take appropriate action.

Thanking you,

Sincerely,