ENVIRONMENT LAW

BIODIVERSITY LEGISLATIONS

SUBMITTED TO:
DR. GHULAM YAZDANI

SUBMITTED BY:
YASIR AHMAD
BALLB 6TH SEMESTER S/F
Table of Contents
Introduction.................................................................................................................................................................................. 1
Their rights and protections in law.......................................................................................................................................2
International instruments.............................................................................................................................................................. 2
Domestic law............................................................................................................................................................................ 4
Dependence of STs and OTFDs on forests...................................................................................................................................5
Striking balance between the rights of STs and OTFDs and developmental activities.................................................................6
The Forest Rights Act...................................................................................................................................................................7
Scope of the Forest Rights Act.....................................................................................................................................................7
Poor Implementation of the Forest Rights Act............................................................................................................................8
Recommendations and conclusion...............................................................................................................................................9
Introduction

Any country is comprised by various kinds of people. Some sections of the

population are considered to be culturally lagging behind from the others.
Popularly, these populations are known as indigenous people or tribal or natives
etc. Geographically, they generally reside in forests. They share a symbiotic
relationship with the forests. Their shelter, food, occupation and other aspects of
livelihood are derived from the forests. They also play an important role in the
conservations and protection of forests. Among some tribe, the forests are even
worshipped. Because of their comparative disadvantaged position, they are
accorded with special protections, privileges and rights by their respective State.
India also accords a number of rights to the tribal under various legislations. One
such important and recent most legislation is the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which
recognizes the traditional rights of indigenous people over forests.

However, these rights are to be reconsidered in light of the developmental

activities, which also are quintessential for the growth of the State. The
developmental activities, such as setting up of industries, mining, electricity
projects, lands for residential purposes, require that the forests be encroached upon.
A balance is therefore required to be created between rights of indigenous and that
of the other sections of people to development.

This paper broadly attempts to examine the level of implementation of the rights
held by the indigenous people of India, especially in light of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Under Part 2, the paper first explains who are termed the indigenous people in
India and then goes on to study their rights and protection under both the
international and national law. Thereafter, under Part 3 it explains the
significance of forests for such indigenous population and their rights by virtue of
their dependence on the forests. Part 4 examines the role of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in
enforcing these rights
by taking into account the empirical data released by the Government of India. In the last part,
Part 5, some suggestions have been made to correct the present machinery, so that the rights of
the indigenous population get the recognition they deserve.

The special protections afforded in law to indigenous people/ Scheduled Tribes/ Other
Traditional Forest Dwellers
Defining indigenous people/ Scheduled Tribes/ Other Traditional Forest Dwellers

Indigenous people are defined in the Indigenous and Tribal people Convention, 19571 as
“members of tribal or semi-tribal populations in independent countries which are regarded as
indigenous on account of their descent from the populations which inhabited the country, or a
geographical region to which the country belongs, at the time of conquest or colonisation and
which, irrespective of their legal status, live more in conformity with the social, economic and
2
cultural institutions of that time than with the institutions of the nation to which they belong.”
India maintains the stand that all citizens of India are indigenous. 3 In India, the term
“indigenous people” as such has not been used, but instead “Scheduled Tribes” (“STs”) or “Other
traditional forest dwellers” (“OTFDs”) find reference at various places. The Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 4(“Forest Rights
Act”) defines OTFD as any member or community who has for at least three generations
(generation means a period comprising of 25 years5) prior to the 13th day of December, 2005
primarily resided in and who depend on the forest or forests land for bona fide livelihood needs.6
Their rights and protections in law

International instruments

The Indigenous and Tribal Populations Convention, 1957 (No. 107) (“ILO Convention no.
107”) adopted by the ILO was the first attempt at an international level to codify the

1
ILO Convention no. 107 Concerning Indigenous and Tribal Population, 1957 [hereinafter ILO Convention no.
107].
2
ILO Convention no. 107, Supra note 1 , Article 1(1)(b).
3
Indigenous and Tribal Peoples: India, INTERNATIONAL LABOUR ORGANISATION,
4
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, No. 2 of 2007
(2006) [hereinafter Forest Rights Act].
5
Forest Rights Act, Supra note 4, Explanation to Section 2(o).
6
Forest Rights Act, Supra note 4, Section 2(o).
international obligations of States in respect indigenous and tribal populations. “Convention
No. 107 is a broad development instrument, covering a wide range of issues such as land;
recruitment and conditions of employment; vocational training, handicrafts and rural
industries; social security and health; and education and means of communication.”7 The
Convention was revised in 1989 on advice of a Committee of Experts convened in 1986 by the
Governing Body of the ILO. Convention No. 169 8 was adopted therefore. Wherein the
Convention No. 107 focused on the integration of tribal population, Convention No. 169 laid
more emphasis on recognition of, and respect for, ethnic and cultural diversity. It was founded
on the belief that Indigenous and Tribal Populations are permanent societies. 9 The ILO
Convention No. 169 furthers the objective of the ILO Convention no. 107 by reiterating that
“Indigenous and tribal peoples shall enjoy the full measure of human rights and fundamental
freedoms without hindrance or discrimination”10.

Both the Conventions don’t define indigenous and tribal peoples. These Conventions,
however, enlists criteria11 for determining indigenous and tribal peoples, “Self-identification”
being a primary criterion12. “Elements of tribal peoples include traditional life styles, culture
and way of life different from the other segments of the national population, e.g. in their ways
of making a living, language, customs, etc., and own social organization and traditional
customs and laws.”13 Indigenous people may be those who follow traditional life style, whose
culture and way of life different from the other segments of the national population, e.g. in
their ways of making a living, language, customs, etc., who have their own social organization
and political institutions, and who live in historical continuity in a certain area, or before
others “invaded” or came to the area.14

Article 51 of the Constitution15 has been relied upon by Indian Courts to hold that various
International Conventions, treaties etc, particularly those to which the country is a party or

7
Convention No. 107, INTERNATIONAL LABOUR ORGANISATION
8
ILO Convention no. 169 Concerning Indigenous and Tribal Peoples in Independent Countries, 1989 [hereinafter
ILO Convention no. 169].
9
Ibid.
10
ILO Convention No. 169, Supra note 8, Article 3(1).
11
See, ILO Convention No. 107, Supra note 1, Article 1(1), and ILO Convention No. 169, Supra note 8, Article
1(1).
12
ILO Convention No. 169, Supra note 8, Article 1(2).
13
Convention No. 169, INTERNATIONAL LABOUR ORGANISATION,
14
Ibid.
15
Article 51 of the Constitution of India mandates that the State shall endevour to promote international peace and
security; maintain just and honourable relations between nations; foster respect for international law and treaty
 16
signatory, become part of domestic law in so far as there is no conflict between the two.
Therefore, the above stated two Conventions and several other instruments on Human Rights
can be read as part of the domestic law. This means that they shall be applicable in the country,
atleast in their spirit, if not in black letter.

Domestic law

In as much as reference to the Indigenous population in the domestic law is concerned the
Supreme law of the land, the Constitution, makes reference to the rights pertaining to life,
environment, and associated rights to all citizen, many times. Article 21 confers the
fundamental right to life, which includes right to live with dignity and right to residence17.
Statutorily, as per the Forest Rights Act, the STs and OTFDs, have the right to hold and live in the
forest land, right of ownership, access to collect, use, and dispose of minor forest produce which
has been traditionally collected, other community rights of uses or entitlements, rights of
community tenures of habitat and habitation, rights in or over disputed lands, rights for
conversion of Pattas or leases, right to protect, regenerate or conserve or manage any
community forest resource, which they have been traditionally protecting and conserving for
sustainable use, right of access to biodiversity, right to in situ rehabilitation in certain cases, etc 18.
A detailed discussion on the Forest Rights Act, the status of its implementation etc. shall be done
in the subsequent parts of this paper. In Orissa Mining Corporation Ltd. v. Ministry Of
Environment & Forest19, while recognizing the customary and religious rights of STs and OTFDs,
the Supreme Court explained that “Religious freedom guaranteed to STs and the OTFDs under
Articles 25 and 26 of the Constitution is intended to be a guide to a community of life and
social demands. The above mentioned Articles guarantee them the right to practice and propagate
not only matters of faith or belief, but all those rituals and observations which are regarded as
integral part of their religion.” Thereafter, the Supreme Court directed that the right of STs and
OTFDs in Kalahandi and Rayagada Districts of Orissa, like Dongaria Kondh, Kutia Kandha and
others, have to be considered, protected and preserved by the Gram Sabha

obligations in the dealings of organised peoples with one another; and encourage settlement of
international disputes by arbitration.
16
In Re Berubari Union and Exchange of Enclaves, AIR 1960 SC 845; Ali Akbar v. U.A.R., AIR 1966 SC 230;
Magnabhai v. Union of India, AIR 1969 SC 783; Gramaphone Co. Birendra, AIR 1984 SC 667; Jolly George
Verghese v. Bank of Cochin, AIR 1980 SC 470; UPSE Board v. Hari Shanker, AIR 1979 SC 65; Prem Shankar
Shukla v. Delhi Adm., AIR 1980 SC 1535.
17
Olga Tellis and Ors. v. Bombay Municipal Corporation and Ors., AIR 1986 SC 180.
18
Forest Rights Act, Supra note 4, Section 3.
19
Orissa Mining Corporation Ltd. v. Ministry Of Environment & Forest, In The Supreme Court of India, Civil
Original Jurisdiction Writ Petition (Civil) No. 180 of 2011, decided on 18 April, 2013.
by virtue of Section 6 of Forest Rights Act and Section 4(d) of the Panchayats (Extension to
the Scheduled Areas) Act, 199620 (“PESA”).
Further, the Indian Forest Act, 192721, (“Forest Act”) envisages that any fresh clearing, felling of
trees, breaking up of land for any purpose is prohibited in a reserved forest 22. Also, any right over
the lands of reserved forest can be acquired only by succession, or under a grant by way of
written contract made by the government.23
Furthermore, the National forest Policy, 1988 24 lays down that “The holders of customary
rights and concessions in forest areas should be motivated to identify themselves with the
protection and development of forests from which they derive benefits. The rights and
concessions from forests should primarily be for the bona fide use of the communities living
within and around forest areas, specially the tribal.” 25 It further identifies that “The life of tribal
and other poor living within and near forests revolves around forests. The rights and
concessions enjoyed by them should be fully protected. Their domestic requirements of fuel
wood, fodder, minor forest produce and construction timber should be the first charge on forest
produce. These and substitute materials should be made available through conveniently located
depots at reasonable prices.”26

Dependence of STs and OTFDs on forests

The Supreme Court in Samatha v. State of Andhra Pradesh27, remarked that “Agriculture is the
only source of livelihood for STs, apart from collection and sale of minor forest produce to
supplement their income. Land is their most important natural and valuable asset and
imperishable endowment from which the tribal derive their sustenance, social status, economic
and social equality, permanent place of the abode and work and living. It is a security and
source for economic empowerment. Therefore, the tribes too have great emotional attachment
to their lands. The land on which they live and till, assures them equality of status and dignity
of person and means to economic and social justice and potent weapon of economic
empowerment in social democracy.” It further noticed 28 that “Ninety per cent of the Scheduled

20
Panchayats (Extension to the Scheduled Areas) Act, No. 40 of 1996 (1996).
21
The Indian Forest Act, No. 16 of 1927 (1927) [hereinafter Forest Act].
22
Ibid , Section 5.
23
Ibid, Sections 5 and 23.
24
National forest Policy, 1988, No.3A/86-FP, Ministry of Environment and Forests (Department of Environment,
Forests & Wildlife). [hereinafter Forest Policy].
25
Ibid, ¶4.3.4.2.
26
Ibid, ¶4.3.4.3.
27
Samatha v. State of Andhra Pradesh, (1997) 8 SCC 191.
28
Id.
Tribes predominantly live in forest areas and intractable terrains 95 per cent of them are below
poverty line and totally depend upon agriculture or agriculture based activities and some of
them turn out as migrant construction labour due to their displacement from hearth and home
for the so-called exploitation of minerals and construction of projects.”

The Supreme Court has also observed that “Their [the OTFD’s] dependence on the forest being
almost complete, the violation of the specific protections extended to their “habitat and
habitations” by the Forest Rights Act, 2006 are simply unacceptable.”29

Striking balance between the rights of STs and OTFDs and developmental activities
It is established that the rights of STs and OTFDs in the forests are indispensible. However, in an
ever growing world of today, the importance of developmental activities can also not be ignored.
For the same, a lot of land is required, and therefore, forests are felled and encroached upon. This
required a balance to be struck between the rights of tribal and the developmental programs
which affect the forests and the population inhabiting it adversely. Hence, in the matters
pertaining to development and environment, the required standard is that the risk of harm to the
environment (in the present case, to the forests) or to human health is to be decided in public
interest, according to a “reasonable person’s” test. 30 Both the fundamental rights and the larger
interests of the society should be revered. In T.N. Godavarman Thirumalpad (through K.M.
Chinnappa) v. Union of India & Ors.31, the Apex Court observed that in case of developmental
activities the comparative hardships have to be balanced and the convenience and benefit to a
larger section of the people has to get primacy over comparatively lesser hardship.
The ILO Convention no. 107 clearly lays down that the indigenous population may be
displaced “for reasons relating to national security, or in the interest of national economic
development or of the health of the said [indigenous] populations” 32. Therefore, economic
development is a valid excuse for displacement of indigenous people from their traditionally
occupied lands. But However, a duty also falls on all the agencies responsible for forest
management, including the forest development corporations to associate the tribal people
closely in the protection, regeneration and development of forests as well as to provide gainful

29
Orissa Mining Corporation Ltd. v. Ministry of Environment and Forest and Ors., (2013) 6 SCC 476.
30
AP Pollution Control Board v. Prof. M.V. Nayuder (Retd) and Ors., [1999] 1 SCR 235.
31
T.N. Godavarman Thirumalpad (through K.M. Chinnappa) v. Union of India & Ors., (2012) 3 SCC 277.
32
ILO Convention No. 107, Supra note 1, Article 12.
employment to people living in and around the forest, keeping in view the symbiotic
33
relationship between the tribal people and forests.

The Forest Rights Act was brought with the aim of statutorily recognizing the rights to STs and
OTFDs which they traditionally held. The Act attempted to create the above mentioned
balance by vesting the subjects with the rights while allowing outside activities inside forests.
The STs and OTFDs were given the right to claim in such cases. However, the Forest Rights Act
has failed the purpose for which it was introduced and the foresters are now left with hardly
any remedy.
The Forest Rights Act
The Forest Rights Act gives recognition to our traditional conservation ethos embedded in our
tribal life which was blatantly ignored by the colonial rule for years for greater economic gains.
Forests and its dwellers are inseparable. Even after independence, a series of legislations
exploited the forest resources, thereby ignoring the bona fide interests of the tribal community.
The simplicity of tribal and their general ignorance of modern regulatory frameworks
precluded them from asserting genuine claims to resources in areas where they belong and
depended upon. Thus, the Forest Rights Act adopted a rather integrated approach of balancing
the environmental concerns related to conservation of forests with the sentiments of forest
dwellers who are physically and emotionally alienated from their natural habitats.
Scope of the Forest Rights Act

The Forest Rights Act recognizes and secures community rights or rights over common
property natural resources to the communities in addition to their individual rights. This Act
also recognizes rights of vulnerable groups among tribal such as Primitive Tribal Groups,
Nomadic and Pastoralist communities34 whose rights are not protected till date.

The most outstanding feature of this Act is the right of protection, regeneration, conservation
and management of community forest resource vested in the forest dwellers 35. Thus this
enactment not only protects the right to livelihood of the tribal, at the same time it protects the
generation old tradition of preservation and sustainable use of forest resources by the tribal
communities. This right also strengthens the community controlled democratic forest
governance within customary village boundaries.

33
Forest Policy, Supra note 24, ¶ 4.6.
34
Forest Rights Act, Supra note 4, Sections 3(1)(d) and 3(1)(e).
35
Ibid, Section 3(1)(i).
This Act also recognises rights of forest dwelling communities over developmental activities
such as health and educational facilities, fair price shops, electric and telecommunication lines,
tanks and other minor water bodies, drinking water supply and water pipelines, non-
36
conventional source of energy by the Government. The Act lays down a step by step
participatory procedural framework for approval of individual or community claims by the
tribals which includes receiving of claims, their consolidation and verification by the Gram
Sabha followed by sub-divisional committee and lastly the District Committee.37
Poor Implementation of the Forest Rights Act

The National Committee on the Forest Rights Act (“Forest Rights Committee”) found “serious
illegality in formation of Forest Rights Committee in North Bengal region” of West Bengal. In
many FRCs, the post of President and Secretary are held by the elected representative of the
Gram Sansad, e.g. villages like Jayanti.” 38These FRCs have not been constituted as per the Forest
Rights Rules. They were formed without an open, free and fair process. Some names were given
on paper and officials approved those FRCs.39

Section 6(1) of the Forest Rights Act provides that the Gram Sabha shall be the authority for
determining the nature and extent of individual or community forest rights or both that may be
given to the forest dwelling STs and OTFDs under the Forest Rights Act. Under Rule 3(1) of
the Forest Rights Rules, the Gram Panchayat shall convene the Gram Sabhas and in its first
meeting the Gram Sabha shall elect from amongst its members, a committee of not less than
ten but not exceeding fifteen persons as members of the Forest Rights Committee, wherein at
least one-third members shall be the STs. But in practice, in several states the Forest Rights
Committees have not been constituted at village level or habitat level, including in PESA areas,
in clear violation of the Forest Rights Act.

Many a times the Gram Sabha members and Forest Department officials are found to be
completely ignorant about the existence of such an enactment. On the one hand, the Forest
Rights Act provides for a four tier mechanism including gram panchayat, sub-divisional level
committee, district committee and state level monitoring committee for getting the claim for

36
Ibid, Section 3(2).
37
Ibid, Section 6.
38
The National Committee on the Forest Rights Act, Implementation of Forest Rights Act in North Bengal,
West Bengal Report of field visit, 25-26th Sept 2010, NATIONAL FOREST RIGHT ACT COMMITTEE, 4,
39
The National Committee on the Forest Rights Act, Implementation of Forest Rights Act in Jharkhand: Report of
field visit, 15-19 July 2010
title under the Forest Rights Act approved. On the other hand, there is not sufficient check on the
timely disposal of those claims in accordance with the Forest Rights Act. Neither the Forest
Rights Act nor its Rules provides any remedy to regulate cases where these nodal committees
cause delay in processing the claims. As a result the execution of the Act has been suffering
from excessive latches owing to the lax approach of the decentralized committees. Similarly
the reference material made available on the website 40 contains presentations and guides to the
implementation of the Forest Rights Act and its various stages, most of which are in Odia,
which makes it incomprehensible by most and therefore, almost futile.41
Recommendations and conclusion
The implementation of the Forest Rights Act has suffered great setback in several states 42.
Therefore, there is a need to monitor the effective implementation of the Act by getting Non-
Government Organisations involved in the process so that they could guide the tribal claimants
from being mislead by the forest officers and authorities. Moreover, a stringent penalty should
be imposed by the Ministry of Tribal Affairs (“MoTA”) to curb this illegal uncalled practice.

Rejected claims should be subjected to detailed scrutiny by the committees at the higher levels
so as to clarify the rejection of claims on legitimate grounds. There have been several instances
where ignorance of the Gram Panchayats and most often tribal have been misused by the
officials auhorised to implement the Act in connivance with the Forest Department. Bokaro
district of Jharkhand, one of the major grounds for rejecting claims is that the claimant already
owns some private revenue land, and is therefore considered not ‘primarily dependent’ upon
forest land . This is a clear misinterpretation of the Act, as there is no requirement of ‘primary
dependence’ in the Act. In view of the higher percentage of rejection of claims under the Forest
Rights Act, the MoTA wrote to the state governments on 15th July 2010, to “initiate an action
immediately, on a statistically acceptable sampling basis, at the level of Gram Sabha and Sub
Divisional level Committees for categorizing all rejections, with their numbers” and suggested
some categories of possible rejections43.

There has been no cooperation from the Forest Departments in carrying out the implementation
of the Forest Rights Act. For instance, inhabitants of villages (Latada, Sadra, Jhuna, Joba,

40
The website is available at: http://www.fra.org/ (last accessed 02 April 2014)..
41
Reference Material, FOREST RIGHTS ACT, http://www.fra.org.in/new/Reference.htm.
42
Status report on implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition
of Forest Rights) Act, 2006 [for the period ending 31st January, 2012], Ministry of Tribal Affairs,
http://www.aitpn.org/Reports/Forest_Rights_Act_2012.pdf (last accessed 02 April 2014)..
43
Letter of Ministry of Tribal Affairs to the state governments, D.O. NO.23011/24/2009-FRA, dated 15 July,
2010.
Bhagora) near Kumbhalgarh Wildlife Sanctuary in Rajasthan have built a small dam many
generations ago and used it for agriculture; making reference to national Park which has been
locked up by the Department.44

Though the Forest Rights Act provides for multi-stakeholder verification and decision-making
at various levels, in many places reliance has been placed on the forest opinions of forest staff/
officers by the authorities under the Act , reflecting a lack of confidence in the full committee
decision-making process, and lack of interest and capacity in Tribal Department officers to handle
matters of forest rights On many occasions, the foresters refuse to give documents for use as
evidence by claimants, thereby obstructing the smooth functioning of the Act. In a widespread
violation of the Forest Rights Act, rejections have taken place without giving applicants a
reasonable opportunity to be heard, or on illegitimate grounds which are either unreasonable
considering the persisting circumstances in those areas or are not recognised under the Act.

The Forest Department has illegally captured land and property maintained and used by tribal
communities. In Sumer, a school was illegally taken by the Department as forestland. Quite often,
foresters extort money from pastoralists/local livestock keepers because they are most dependent
on forest.45

Further, the MoTA needs to strengthen its stand as the nodal agency and closely monitor the
implementation of the Act, maintaining precise records of implementation, issuing clarificatory
circulars , directing states to take action against faulting officials. It’s high time MoTA takes a cue
from the Ministry of Environment & Forests (“MoEF”) that has been closely involved in the
Environment Impact Assessment at the State and Central levels by closely assessing the progress
and implementation of the Environment Impact Assessment process. MoTA should intitate action
on the findings of the Status Report46 of the Implementation of the Act and take strict action
against violation of the provisions of the Act by the authorities.

44
Report of the National Level Public Hearing on Communtiy Forest Rights, 14th December 2013, Organised by
Community Forest Rights Learning and Advocacy Process (CFR-LA) and Adivasi Janjati Adhikar Manch
(AJAM), FOREST RIGHTS ACT,
45
Supra note 44.
46
Vasundhara & Kalpavriksh, A National Report on Community Forest Rights under Forest Rights Act: Status &
Issues A National Report on Community Forest Rights under Forest Rights Act: Status & Issues, FOREST RIGHTS
ACT,(2012)
Increased reliance on new and renewable sources of energy would help in mitigating
deforestation of forests and also displacement of their inhabitants. In India Small Hydro Power
(“SHP”) projects are being developed by Ministry of New and Renewable Source of Energy
(“MoNRSE”). There is a huge potential of power generation in our country form small/mini
hydel power plants, 50 % of which lies in the States of Himachal Pradesh, Uttarakhand, Jammu
& Kashmir and Arunachal Pradesh 47. The MoNRSE is giving special emphasis on use of new
and efficient designs of water mills for electricity generation and setting up of micro hydel
projects up to 100 KW for remote village electrification. These projects are taken up with the
involvement of local organizations such as the Water Mills Associations, cooperative societies,
registered NGOs, village energy cooperatives, and State Nodal Agencies.
It was observed by the Andhra Pradesh High Court in the case of Pennar Delta Auyacutdars v.
Government of Andhra Pradesh48 that,

“[I]t is heartening to notice that the people with vision have already started
thinking of alternative small-scale technologies and policies as alternative to the
giganticism…Empowerment of people with rights to local communities…may
go a long way in resolving the crisis.”

Several incentives have been availed to the local project developers under different State
policies which include subsidies to indigenous tribal in supply of power to State Govt.,49
preference to indigenous developers during allocation of projects, 50 employment opportunities
for the bona fide indigenous people during the construction, operation and maintenance of the
projects.51

Under certain policies, there is a provision for employment to one member of each of the
displaced families as a result of acquisition of their land for Project and also provision for
training to the locals affected by Project.52

Reneweable sources of energy are providing energy for lighting, cooking, facilitating
livelihood generation by opening new avenues of employment such as computer centres, wool
shearing mills, oil mills, enabling access to education facilities and health facilitiles in the
47
Annual Report, 2011-2012, MINISTRY OF NEW AND RENEWABLE ENERGY
48
Pennar Delta Auyacutdars v. Government of Andhra Pradesh, 2000 (3) ALD 182.
49
Himachal Pradesh Hydro Power Policy, 2006 & Amendments, Jan 2008, Jan & Feb 2009 (Above 5 MW),
50
Small Hydro Power Policy, 2007 Dated 24- 01-08; Amendment Dated 13-10- 08, Small Hydro Power Policy,
2006 and Amendments
51
Arunachal Pradesh Small Hydro Power Policy, 2007, Dated 24th January, 2008 & Amendment Dated 13
October 2008 and Himachal Pradesh Small Hydro Power Policy, 2006 and Amendments (Up To 5.0 Mw)
52
Supra note 49.
remote villages of the forest covered States. 53 Renewable sources of energy have assured
irrigation in the remote villages surrounding these forest areas increasing the overall yield of
agricultural produce in these areas., the villagers can grow dhan, jau, wheat, rajma, madua,
gehat, soyabean, potato, many vegetables, many fruits, garlic, ginger, turmeric and many
herbal products. In the absence of irrigation, if it does not rain, yields will be very low.
Therefore, they produce only the basic minimum. 54
As per the National Forest Policy, it is the primary task of the State to strike a balance between
the customary rights and interests of the forest dwellers and development programmes to meet
the needs of the tribal population. It is important to help the people living in and around forests
to grow and develop in their natural habitat as they protect and regenerate the forests by
providing them gainful employment. 55 There is an overwhelming inclination to approve
infrastructure (buildings or a place for it) as community rights56 rather than forest uses.57

The indigenous people are as much part of India as any other peoples. They are even more
important as they are symbolic of our native practices and culture. If the above mentioned
suggestions are adopted, even to some extent, the indigenous people will certainly get their due
share in every forum of their country. Hence, the time has come when while safeguarding the
customary rights and interests of such people, forestry programmes must pay special attention
to undertaking integrated area development programmes to meet the needs of the tribal
economy in the around the forest areas.58

53
Renewable Energy for Rural Livelihoods in MNRE-UNDP-FRG Project Villages in Rajasthan and
Uttarakhand, MINISTRY OF NEW AND RENEWABLE ENERGY (2009)
54
Supra note 53.
55
Supra note 31.
56
Forest Rights Act, Supra note 4, Section 3(1).
57
Report of National Committee on Forests Rights Act, Forest Rights Act, (December 2010),
58
National Forest Policy, 1988, Supra note 24.