Forest (Conservation) Rules, 2022

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 The Ministry of Environment, Forests and Climate Change in June 2022, notified the Forest (Conservation) Rules, 2022, which prescribed the mechanism for the diversion of forest land for non-forest purposes.

National Commission for Scheduled Tribes (NCST) alleged that newly notified rules are in violation of the Provisions of Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act, 2006 and The Forest Rights Act (FRA).

Rules notified in 2014 and 2017 requires mandatory consent of local tribes people and other traditional forest dwellers (OTFDs) of the area, before proceeding for Stage 1 clearance. Forest (Conservation) Rules, 2022 vommitted this class.

The FCR, 2022 allows applying entities to go for the consent of locals, represented by the Gram Sabha, after Stage 1 or even after Stage 2 clearance.

FRA, 2006 requires giving higher priority to rights of STs and OTFDs in case of dispute over forest land.

In September, 2002, Chairperson of commission wrote a letter to MOEFCC recommending ministry to put on hold FCR 2022. It also recommended ministry of strengthen consent clause.

But Ministry neglected the recommendation of NCST.

After this NCST constituted a “Working Group on the Forest Rights Act 2006 & other issues related to the Forest and Scheduled Tribes” to monitor the implementation of the FRA and “make recommendations to the Union government and State governments”. The study conducted by working group highlighted the poor implementation of FRA.

Then, NCST, by invoking its special power which enables commission to access any public record, wrote a letter to Supreme Court of India requesting copy of all the documents related to Public Interest Litigation on Forest Conservation Rules 2022.

The Supreme Court Registrar recently ordered the release of submissions of State and Central Government related to implementation of FRA to NCST.

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