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What Plagues Implementation of Forest Rights Act 2006?

[2] Forest Rights Committee (FRC) is constituted by the Gram Sabha.

[3] Saxena Committee – The Saxena Committee, comprising of four members, was appointed on July 19, 2010 by the Indian Environment Ministry with the mandate to investigate the proposed diversion of nearly 660 ha of forest land (Niyamgiri Hills, Lanjigarh) in the Kalahandi and Rayagada districts of Orissa for bauxite mining. The Committee concluded that allowing mining these areas by depriving two primitive tribal groups (PTG) of their rights over the proposed mining site in order to benefit a private company would shake the faith of tribal people in the laws of the land. Since the company in question has repeatedly violated the law, allowing it further access to the proposed mining lease area will have serious consequences for the security and well being of the entire country. Based on the recommendations of Saxena Committee, the MoEF rejected the proposal to divert the land on Niyamgiri Hills for bauxite mining on August 20, 2010.

[4] Gram Sabha – The Gram Sabha is a meeting of all adults who live in the area covered by a Gram Panchayat. Gram Panchayats are local governments at the village or small town level in India. Anyone who is 18 years old or more and who has the right to vote is a member of the Gram Sabha.

[5] POSCO – The Pohang Iron and Steel Company, or POSCO, based in Pohang, South Korea, is the world’s third largest steelmaker by market value and Asia’s most profitable steelmaker. In June 2005, POSCO signed an MoU with the State of Orissa in India, under which POSCO planned to invest US $ 12 billion to construct a plant with four blast furnaces, an electricity plant, housing, and an annual production capacity of 12 million tons of steel, which was slated to start production in 2010. However, the project had not been able to proceed due to strong opposition from local residents in the area proposed to be given for the steel plant. On January 31, 2011, against strong opposition, the MoEF accorded conditional clearance to Posco project and has sought the state government’s assurance that the FRA was being properly implemented at the proposed plant site villages. The Orissa state government is yet to submit assurance in POSCO project.

[6] The new order is available here: http://envfor.nic.in/mef/Forest_Advisory.pdf 

[7] Vedanta Resources – Vedanta Resources plc. is an international mining and metals company headquartered in London, U.K. It is the largest mining and non-ferrous metals company in India. Vedanta has been criticised by human rights and activist groups due to their operations in Niyamgiri Hills in Orissa, India, that are said to threaten the lives of the Dongria Kondh tribe that populate this region. The Niyamgiri hills are also claimed to be an important wildlife habitat. The Union Environment Ministry in August 2010 rejected earlier clearances granted to Vedanta for mining bauxite from Niyamgiri hills. Vedanta has challenged the ban and the case is being heard in Orissa court since February 2, 2011.


About the Author:

Archana Vaidya is a natural resource management and environment law consultant based out of New Delhi, India, with a degree in Science and Law, and a Masters in International Law. 

Her core expertise is research and analysis of law and policy related matters in the field of Renewable Energy, Climate Change, Forest Management and Governance, Tribal Rights of Self Governance, Panchayati Raj, Land Reforms, Land Acquisition and Wildlife Protection, etc. 


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