Scheduled Tribes Panel to Seek Report from NTCA on Village Relocation from Tiger Reserves

06-11-2024

In November 2024, The National Commission for Scheduled Tribes (NCST) took cognizance of representations sent to it regarding a June advisory issued by the National Tiger Conservation Authority (NTCA).
The advisory directed state forest departments to submit action plans for the relocation of villages from tiger reserves.
In response, the NCST has decided to seek a report from the NTCA on this issue.

Background on the Issue:

The NCST held a full commission meeting on September 24, 2024.
The commission discussed the NTCA’s advisory and the implications of relocating villages from tiger reserves.
This decision was ratified in the final week of October 2024.

Key Decisions Taken by NCST:

Request for Report: The NCST decided to ask the NTCA to submit a report on village relocations and the status of its 2018 compensation recommendations.
Follow-up on 2018 Recommendations: The commission sought updates on the implementation of its 2018 recommendations regarding the compensation package for families who voluntarily move out of tiger reserves.

NTCA's Advisory and Controversy:

In June 2024, the NTCA issued a letter to state forest departments urging them to prioritize village relocations from core areas of tiger reserves.
The NTCA stated that 591 villages (with 64,801 families) are located inside critical tiger habitats across 54 tiger reserves in 19 states.
So far, 251 villages (housing 25,007 families) have been relocated.

Issues Raised:

Voluntary Relocation: Tribal rights groups argue that the NTCA's directive violates the Forest Rights Act, 2006 and the Wildlife (Protection) Amendment Act, 2006, as the law mandates that village relocation must be voluntary.
Time-bound Relocation Plans: The NTCA’s push for time-bound relocation is seen as contrary to the law, which requires informed consent from the communities and consultation with Gram Sabhas before any relocation takes place.

Legal Provisions and Concerns:

The Forest Rights Act, 2006 and the Wildlife Protection Act provide the legal framework for voluntary relocation of tribal communities from protected areas, including tiger reserves. Key provisions include:

Voluntary Relocation: Relocation must be voluntary and cannot be imposed.
Rights Recognition: Tribal rights over land and resources must be recognized before any relocation.
Consultation Process: The Gram Sabha must provide informed consent before relocation.
Ecological and Social Assessment: The state government must consult ecological and social scientists to assess whether the activities of the communities are harming the tiger population or their habitat.

The petition from tribal rights groups highlights that the NTCA's advisory overlooks these legal safeguards.

Compensation and Resettlement Provisions:

In 2018, the NCST recommended that the compensation package for relocated families should align with the Land Acquisition, Rehabilitation and Resettlement Act, 2013. According to this law, families voluntarily relocating should receive:

Rs 15 lakh per family.
Two hectares of agricultural land.
Homestead land for house construction.
Access to basic amenities: water, sanitation, electricity, and telecommunication.

These provisions aim to ensure that relocated families are provided with adequate support to rebuild their lives.

Tribal Rights Groups’ Concerns:

In September 2024, over 150 tribal rights groups and individuals submitted a petition to the NCST, the Ministry of Tribal Affairs, and the Ministry of Environment, Forest and Climate Change seeking a rollback of the NTCA’s advisory. The petition highlighted the following concerns:

The voluntary nature of relocation is undermined by the time-bound plans set by the NTCA.
The NTCA's directive violates the Forest Rights Act by bypassing legal processes for recognizing tribal rights and obtaining informed consent.

Next Steps:

The NCST's decision to seek a report from the NTCA reflects the growing concern over the implications of these village relocations. The commission's focus on ensuring compliance with legal provisions and tribal rights is crucial to the ongoing debate around wildlife conservation and community livelihoods.

As the issue continues to evolve, both the NTCA and the NCST are expected to be closely scrutinized for their handling of the voluntary relocation process, ensuring that tribal rights are respected while also protecting the tiger population and their habitats.

What is the National Tiger Conservation Authority (NTCA)?

The National Tiger Conservation Authority (NTCA) is a statutory body under the Ministry of Environment, Forests and Climate Change.
It was constituted under the enabling provisions of the Wildlife (Protection) Act, 1972, which was later amended in 2006, to strengthen tiger conservation efforts in India.
NTCA's primary objective is to oversee and enhance tiger conservation through the provisions of the Wildlife (Protection) Act, 1972, by issuing advisories, guidelines, and conducting assessments based on tiger status, ongoing initiatives, and recommendations from specially constituted committees.

Project Tiger:

Project Tiger is a Centrally Sponsored Scheme (CSS) under the Ministry of Environment, Forests and Climate Change.
Project Tiger is a tiger conservation programme launched by the Indian Government in 1973.
It provides financial support to tiger-range states for in-situ conservation of tigers in designated tiger reserves.
This initiative has been important in securing the future of the endangered tiger population in India, with the most recent findings from the All India Tiger Estimation showing a positive recovery trend for tigers.

Objectives of NTCA

The primary objectives of NTCA are:

Statutory Authority for Project Tiger: Providing legal authority to Project Tiger to ensure compliance with its directives.
Center-State Accountability: Promoting accountability between the central and state governments in managing tiger reserves through Memorandums of Understanding (MoUs).
Parliament Oversight: Ensuring that the operations of the NTCA are subject to oversight by the Indian Parliament.
Livelihood Interests of Local Communities: Addressing the livelihood concerns of local populations residing around tiger reserves.

Powers and Functions of NTCA

As per Section 38O (1) and (2) of the Wildlife (Protection) Act, 1972 (amended in 2006), NTCA holds the following powers and functions:

Approval of Conservation Plans: Approve the tiger conservation plans prepared by state governments under the Act.
Ecological Assessment: Evaluate and assess aspects of sustainable ecology and disallow ecologically unsustainable land use (e.g., mining, industries) within tiger reserves.
Tourism and Project Guidelines: Set normative standards for tourism activities and ensure compliance with guidelines for tiger conservation in both buffer and core areas of tiger reserves.
Conflict Management: Implement measures to address human-wildlife conflicts and promote coexistence in forest areas outside protected zones.
Protection and Monitoring: Provide guidelines on protection measures, including:
1. Population estimation of tigers and their prey species.
2. Habitat status assessments, disease surveillance, mortality surveys, and patrolling reports.
Protection of Tiger Corridors: Ensure that tiger reserves and the corridors connecting them are not diverted for ecologically unsustainable uses, unless deemed necessary by the National Board for Wildlife and based on the advice of the NTCA.
Scientific and Legal Support: Provide scientific, information technology, and legal support for the effective implementation of tiger conservation plans.