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GS-TDB/5A/7.00

ߴ֟ ָ (֟) : ָ, ֲָß ֵ , ֵ ֵօ ָ ֻ֟ ִ , ײֻ traditional forest dwellers , ֣ , ָָ֟ ֮ , Ϥ 00 ָ Ϥ 00 , ײי ִ֮ Ù ֮ ׻֋ әÙ ׻֋ Ù Ӥ ֵ ֮ ֮ ִ ֻ Ù ֻ , ֲֵֻ , ֲֵֻ 00 ָ߲ , ײֻ ְ , ִ ִ׮ֿ֮ օ ֲ , 같 ֙ ָ , ֵ֟ ֵ ײֻ ֵꅠ ײֻ ֲֵֻ ׻֋ ָ ֲֵֻ ׻֋ ֮ ֯ ֮ Ӥ, Ù Ӥ ׾ֳ֮֕ ׮֙ ֟ ֯ ֵ ֵ֕ ֵ ִ ָ ָ ָ ֵ ֯ Ù ֋, ֻ ָÙ , ֯ әֻ ֌ ָ әֻ ֌ ִõ ꅠ ֮ ָ߲ ׮֙ ֯ ָ , ײֻ ֻ

ִ ֱ׸ ߅ ֟ ִ - ָ ֣ ֣-Ù ֵ֕ ؓ֟ֆ ָ ִ֮ օ ִִ ־ֻ ָ , ߅ , ׻֋ ֮ ָ֮ Ù , ֯ ָ֮ ָ֬ ָ ֋ ָָ ? ָ ߮ ָ֮ ? ֮ , ӛ ֮ ߮ ָ֮ , ӛ ֮ ָ ߮ ָ֮ ֮֟ ߮ ָ֮ ָ֬ ָ ֯ traditional forest dwellers ֮ ו֋ ו ߕֻ֮ ߕ ָָ ? ֮ 75 ֻ ׻ פօ 25 ֻ ָ֮ ׻֋ ? ָ ֲ ֯ 1930 ָ ֵ ֤ ֮ Ù ֋ Ù ֲֻ֟ ? ָ, Ù ֲֻ֟ ָ ׸ , ֯ ֮ , ָ , Ù כ֙ ־ ֕ Ù כָ ָ ָָ ֮ כ , , ָ ߕ , Ù ׸ כָ פ ֵօ פ ֮ ָ ֻ ֻ ֟ ֻ Ù ׸ , ָ ּ , ּ þן , ֟

֯ ֟֟ ߮ ֻ , 2001 2003 ֣ף֟ Ù ׸ 6.5 ֜ ֵօ ֲ ٻִֵ ־ֻ ֜ ֵօ Ù ־֮Դ ׾֮֕ ײ ֜ פ ֮ ֮ ׸ָ ָ ? ׸ָ ׬ָ þ ? ֲ־ օ ֲֻ֟ tribals traditional forest dwellers , ָ ׻֋ ָ֮ , 75 ֻ ֟ ֟ , ֣ ָ ֵ օ ׻֋ ӲӬ ӿ֮ ïϙ , ֯ ֋ ߋ ָָ ֮ ״֮ߴִ ִ ׻ , "we will not affect tribals or traditional forest dwellers. It is your Common Minimum Programme." ֮ ֤ ֯ ׮ֻ ? ׻֋ ָ֮ ׸ , ֯ ֤֮ ֤ߵ ӡ , ָ ï™ ֮ , ߻

ָ, ֣-֣ -߮ ־ֻ - ׯ֔ 50-60 ֻ ָ ־֮Դ ׻ Ù

(5 ָ ָ)

SC/7.05/5B

ߴ֟ Ӥ ָ (֟) : ֮ ֕ , Srimavo Pact , ߻ ֋, ߯י ֋, ״ֻ , ֵ, ״ֻ֛֮ , ֤ Ù כָ ֵօ ? ָ ֋, ֵ - ־֮Դ ׻ օ ָ , ־֮Դ ָ ֤ ײ ו֮ և ָי ֋ , ? ܵ ׻֋ , ׸ ײֻ ï™ Ù ׻ ו֮ ו֮ և ָי , כÙ ֋օ ֲ ֕ ߆ꋴ , ָ ֲ ï™ ֲ ӲӬ ׮׿֟ ָָ , և כÙ ֋օ ֤ ָ ֤ߵ ӡ ָ ï™ ֟֋Ӆ

֟ ִ ָ ײֻ Ӳ׬֟ ֯ ־ֻ , ևָ Ù ׬ָ ָ ևָ Ù ? ֮֟ ևָ Ù ꌿ֮ ׻֋ ֲ ׬ פ ֟ Ϥ ֯ ״ֻ ֳ 11,300 - ׾ֿ Ϥ - ֋ ߓ և ֌ ֙ ֛ ׯ֔ ֻ ֻ ָ 11,300 ևָ Ù ָ ևָ Ù ׬ָ פ ֵ ִ ִ ? ִ ִ ֕ , լ֮ ׻֋ - ֮ , լ֮ ׻֋ ֮ ׬ָ ִ ֙ פօ ֮ ָ֟ ֙ פ ֮ ֮ ֮֟ , ֙ פօ ֮ ֮ , ֓ , פ ßֻ , ֙ פօ ָ ֙ ? ׻֋ ևָ Ù ָ ܵ ׬ָ ײֻ , ִ ֯ ֟ ו֋ ָ ֯ ִ ו֋ ֲ ܵ ־ֻ , ׮ױָߕ և߱և , ׮ױָߕ ֮, ? ֯ ֮֟ 5 "" ָ , "" ֮ "" ֮ ײ ִ ֳ , ׬ָ ד׮ ֋ ׬ָ 5 滛 ׬ָ , ׮ױָߕ , ֵ ? ִ ֳ ֵ - ׮׿֟ , ֮ ܵ ־ֻ ִ ֳ ֕ ׮ױָߕ , Ù כ֙ ꮵ כ֙ ֕ ו֮ ֮ ֻ פֵ ׬ָ פ? ֕ ֤ ׬ָ ֯ ֵ ? ו֮ ִ֮ , ו֮ ֵ , ֕ ׬ָ ֯ ֵ ? ? ׻֋ ֮ ӿ֮ ׻Ù ׮ױָߕ ϣִ ßָ ִ ֳ ֵ ߅ ևֻ כߕ̮ ָ כÙ ֯ , ִ ӓֵ֟ ֕ Ùߙ ן׮׬ , ֡ , וִ ֋ ֡ ן׮׬֟ , 2 ָ օ ׻Ù ִ ֳ ֵ , ֲ ֙ ֋ , օ ֵ օ "" ֮ ӟԟ ָ ׬ָ פ ֵ , ִ֯ ֻ֟ ִ ָ ֮ ׬ָ פ ֵ , ִ֯ , ִ ָ ֻܵ ӡ ָ ֺ ꅠ (5 ָ ֟)

KLS/ASC/5C-7.10

ߴ֟ Ӥ ָ (֟) : ָ, ִ ־ֻ ָ ֣ ֮ ֤֕ ִ߮ ִ߮ ָ , minor forest produces ׻֋ ֮ ֟ , ׬ָ minor forest produces ׻֋ ? ֻ - ִ߮ , ãן , Ù , ӡ ׮׿֟ ֟֋Ӆ ֲ JPC ֟ , ֲ ֲ֮ ֮ Ӥ ֮ ָ , ־ֻ ֯ ֮ ׸ , proximity ׸ , ָ ֱ ֚ ߙ ߙ օ ױ JPC ׮ ָ ֯ ߙ ֟ ו֋, ֯ - ֋ ֮ ִ֮֟ ֲ ߕ ֲָָ ׻֋ ֯ ֵ ֛ ָ, ׻֋ ֯ flexible ֛օ proximity ־ֻ , ָ֯ ӡ ׮׿֟ ֮ , ׻֋ ֯ ִ֬ ߻ ߅ , ֕ ֲ ֬և , ו֮ ֕ פֵ ׬ָ ׮׿֟ ׻֋ ֵ ׻֋ ָָ ֬և , JPC ֳ ֤õ ֬և , ו֮ ײֻ ֲ֕ ֲ ֣ ֮ ֟ ִ֯ ֮־֤ (ִ֯)

DR. RADHAKANT NAYAK (ORISSA): Mr. Vice-Chairman, Sir, I thank you very much for giving me this opportunity to speak. Sir, I rise to support the Bill wholeheartedly. I also support the amendments moved by hon. Brinda Karatji. Sir, I do not want to take much of your time or the time of the House. But I thought, maybe, some general issues I should raise. Before that I want to thank the hon. Minister, the hon. Prime Minister and the Chairperson of the UPA who have initiated this Bill during this current Session of the Parliament. I was also a Member of the JPC; therefore, I have gone through the Bill in its nitty-gritty. I thought that I would raise some of the issues while supporting the Bill wholeheartedly for the consideration of the Government, especially the hon. Minister who has taken so much interest to get this Bill passed in this Session.

Sir, you are aware that after the British Government went, we had a large number of issues to sort out especially the tribal problems and in the context of the tribal development. For the British Government, forest was a source of revenue. But for the first time after the independent Government came, they thought that this is also a source of rights or a source of livelihood for the people especially those who live in the forest areas. Sir, you are aware of Nehru's famous doctrine of Panchsheel in relation to tribal development. For reference and for recollection of this House, I thought I should read out these five principles which are very important. It says that the tribal people should develop along the lines of their own genius and we should avoid imposing anything on them. We should try to encourage in every way their own traditional arts and culture. This is number one. Second, the tribal rights in land and forests should be respected. It is a very, very important policy enunciation by Pt. Nehru himself. The third is that we should try to train and build up a team of their own people to do the work of administration and development. Some technical personnel from outside will, no doubt, be needed, especially in the beginning. But we should avoid introducing too many outsiders into tribal territory. (Contd by 5D)

-KLS-SSS/5D/7.15

DR. RADHAKANT NAYAK (CONTD.): The fourth is, we should not over-administer these areas or overwhelm them with the multiplicity of schemes. We should rather work through, and not in rivalry to, their own social and cultural institution. The fifth, Sir, is equally important. We should judge results, not by statistics or the amount of money spent on tribal development but by the quality of human character that is evolved. Sir, if we very seriously reflect on the ethical, philosophical or legal dimensions of these doctrines, we have violated each one of them with impunity. Although colonialism was over but the internal colonialism which was more rabid and yet very subtle that prevailed and till today it has been prevailing and it is in that context only, Sir, I thank the UPA Government, the Minister and the Ministry that they have taken some radical steps in order to introduce this Bill and also get it passed. Sir, these doctrines raise a number of issues. I will touch upon one or two of them only. Sir, the previous notion was, which has been already discussed, that the tribes are destroyers of forest. Actually, whatever forest today exists is only because of them despite the Government and the Government-supported or sponsored contractors. Sir, there are many other issues like shifting cultivation. One of our colleagues here raised this issue. Sir, in Orissa we have what is called a terrace cultivation which is one of the most scientific type of farming that the Sora tribes undertake, not to speak of other tribes in the North-Eastern areas also. So, there is so much of genius among the tribes, which we have ignored or we have neglected. There are so many other issues, Sir, the present trend in the globalisation or the Intellectual Property Rights are still looming large, which will definitely take away whatever rights the Government has been giving or will give now under this statute; they will take away and there may not be anything left even after that or later. Sir, some of the friends raised the ILO Convention of 107. Sir, I was a Member of the Indigenous People's Rights in the United Nations for some time. In a Committee, we found that every Government was supporting these conventions, the ILO 107. The latter one was ILO 169. These conventions are very, very important. One of the issues that were raised was self-certification or self-identification, which is very important. Today, Sir, a tribe in Orissa will not be considered as a tribe in Assam only because he needs a certificate from somebody else. But, the United Nations system now approves, the Indigenous People's Rights system, approves that a tribe once he declares himself a tribe, he remains a tribe. He doesn't need anybody's certification, anybody's inquiries, much less the RGI certification. That is what we were told in the last discussions. So my feeling is that, Sir, there is much to be done for enforcing the rights of the tribes and recognising the rights of the tribes which has been accorded or which has been accepted in the doctrine enunciated by Pandit Nehru himself. Sir, there are a number of other issues, for example. Sir, we are yet to recognise in this country, by this Government, that the tribes are the indigenous people of this country. They were the first original Indians although some say that everybody is indigenous here. Yes, I don't question that. But some are more indigenous than the others. Therefore, in that logic, Sir, we must recognise the tribes or the indigenous people under the United Nations system. (Contd. by NBR/5E)

-SSS/NBR-LT/5E/7.20.

DR. RADHAKANT NAYAK (CONTD.): Sir, by not recognising tribes as indigenous people, we are losing many of the programmes of the UN, UNESCO, ILO, UNICEF, World Bank, etc. Today, all these institutions want to do something for the tribal people. But, we are not taking those benefits to the tribal people. So, the Ministry and the Government should quickly recognise all the tribes as indigenous people which will be much better and help the tribal people to survive.

There are a number of other issues. The tribal people need a separate food and farming policy. As I said, the farming techniques, the slash-and-burn system of farming, which is available even today in Africa, helping many indigenous people to survive in those countries, are very, very scientific. The agriculture scientists have accepted that.

Similarly, we have many other indigenous medical systems which we have ignored. In this process we have destroyed not only health of tribals, their environment, but also the health of the entire country at large.

Sir, you are aware that the tribal people in this country are victims of large projects, big dams and industries. One of them was in Orissa. Very recently, 14 tribal people were killed in a cold-blooded manner. The hon. Prime Minister, Madam Sonia Gandhi, the hon. Minister had to go there and see how barbarous we can be against the tribal people. Therefore, today, the entire policy on tribal farming, tribal industries and tribal crops will have to be looked into again, not only to help the tribal people, but also to save this country from the verge of naxalite attacks. Today, we understand the naxalite problem only as a law-and-order problem. It is not true. It is not correct. It may be half-truth. We need to find out why a tribal boy or a girl becomes a naxalite. Unless we change our entire policy upside down, unless we have a fresh look at all our tribal development programmes, the naxalite problem or Mao problem will become a big menace. And, they will, ultimately, jeopardise our own Independence and freedom. Therefore, we need to, again, have a fresh examination of all our displacement and rehabilitation policies which affect only tribes, not other people. Of course, other people also affected, but marginally.

Sir, without taking much time of the House and with these few words, I wish that allocation for tribal has to be enhanced. It has to be raised to a level where not only tribal people survive but also the entire country. Thank you. (Ends)

׮ ֵ (׿ִ ֻ) : ֳ֬ , ӡ ... ָָ ֬և ֮ פ ֤ ן ײֻ ֋ ִ ֮־ֵ ׿ָ , ׾֬֋ ֯ , ײֻ ֮֯ , ִ֣Ԯ ֯ ֬և , ָ ֲ ִ օ ֲ ֟ , ևә ٻִֵ ֮ , פ ֤ , ֵ ߕ ֯ ִ֮ , ִ ָ, ײֻ ֳ ׸ , ִ - ߕ פ ֵօ ׻֋ ӡ ܾß օ ... ֵ ֳ ֟ ֮ ָ ֲָ ߅ ֲ ִֵ֮ ״ן ֓ , ֲ ֟ - ֵ , ׻֋ ӡ ܾß Ӥ ֵ ֋ (NB/5 fָ ֿ:)

NB/VP/5F/7.25

׮ ֵ (֟) : פ ӳ־ ֕ ֵ ֋, ָ ܵ , ߔ ֋ ֣-֣ ӿ֮ ß־ ָ ֋ ֋ , ָ Ӥ և ӕ߳և ֙ ֋ , ߕ ֮ , ױ highlight ׻֋ 2 ָ ׻ - 'primarily reside in' ߓ 'or in close proximity of forests' פ ֋ Ӥ

ӿ֮ և . It is on page 2, line 47. I am not repeating this thing. I think it is already given to you. So, I am not going to repeat it. But, I will request the Minister to give some assurance on the floor of the House that the amendments moved by my colleagues, Shri Kanjibhai Patel and Shrimati Brinda Karat, will be accepted. Otherwise, the purpose for which we are bringing this Bill, that is, to safeguard the forest dwellers will not be a complete one. And the portions, which have been deleted, I would request you to consider them. I am not mentioning all these things again because all these things are known to you. I am not going to take much time on this because this is a Bill which we want, wholeheartedly, to be passed. And, since you have brought it, try to consider all the points. I think, the Minister will give an assurance on the floor of the House that he will accommodate all the amendments made by my colleagues and the portion which has been deleted at the time of passing in Lok Sabha will be accommodated in the Bill. With these words, I congratulate the Minister. I congratulate the Government. Thank you everybody. At least, after a long time, the forest dwellers can enjoy something which the Government will give them. (Ends)

THE VICE-CHAIRMAN ( SHRI PRASANTA CHATTERJEE): Dr. Barun Mukherjee.

ߴ֟ ִ þָ֕ : , ߻ ן׸ ֮

ֳ֬֠ : Ӳָ ֤

ߴ֟ ִ þָ֕ : ֤ Ӳָ ֟ ... (־֮֬)

THE VICE-CHAIRMAN: I have seen the list. Whatever list is given from the Table, I am following that. Dr. Barun Mukherjee.

DR. BARUN MUKHERJEE (WEST BENGAL): Thank you, Mr. Vice-Chairman, Sir, for giving me this opportunity to speak on this Bill. At the very outset, I must say that this is one such Bill or one such right of the forest dwellers for which we have been demanding for a pretty long time. It is commendable that, at last, this Bill has come. We feel that they are the most deprived group of people who have no right over the land on which they were dwelling for years together. That right is going to be established there with the help of this Bill. We welcome it and I support it on behalf of our party.

One thing which strikes me is this. I believe, at the fag end of the day, I should not take much more time, but one main thing that strikes me is regarding the establishment of the rights of the dwellers. It has been proposed that, firstly, the Gram Sabhas will certify about the rights of the particular forest dwellers. But, of course, from Gram Sabha it will go to the next committee, to the sub-divisional level committee, district level committee and it will go on. And, perhaps, as we have experienced over these appeals and hearings, it will be a very lengthy process.

(Continued by PK/5G)

PK/5G/7.30

DR. BARUN MUKHERJEE (CONTD.): If it happens to be a very lengthy process, one thing which must be ensured is that by that time the dwellers who are occupying the land must not be disturbed during this lengthy process. This has to be ensured; otherwise, there will be a lot of disturbances in the local area of forests, where it occurs. Moreover, primarily, while seeking the advice of the authorities of the gram sabha it appears that there is a scope for misuse of these things. Because, just now one hon. Member has referred to naxalite people. There may be some sort of prejudice about this while conferring the rights to the dwellers, in particular. The members of some gram sabhas, or the next sub-Committee, or the next sub-Committee, may be prejudiced about it. So, there must be some mechanism so that it cannot be disturbed in any way. But, definitely, it is a good thing that there is a provision that the person concerned will have the right of hearing, before it is finally settled. But I think when this lengthy process is followed, some sort of mechanism should be there so that it may not be disturbed during that process. This should be ensured. Moreover, as regards the amendments, they have been elaborately dealt with by Shrimati Brinda Karat. I support the amendments moved by Shrimati Brinda Karat. I am not dealing with the amendment any more because the amendments have already been elaborately explained by her. As I said in the very beginning, I congratulate the hon. Minister concerned for bringing forward this Bill so that, at least, after a long time the forest dwellers, the tribal people, will have their rights over the land on which they have been living for a pretty long time. Thank you. (ends)

THE VICE-CHAIRMAN (SHRI PRASANTA CHATTERJEE): Shri Brahma; absent. Shri Syed Azeez Pasha.

SHRI SYED AZEEZ PASHA (ANDHRA PRADESH): Mr. Vice-Chairman, Sir, at the very outset, I want to congratulate the Government for bringing forward this Bill for consideration and passing. On behalf of the Communist Party of India, I rise here to support the Bill, but we are having certain suggestions to make. I hope that the Government will accommodate some of our suggestions and it will become a more perfect Bill. We are nearing to 60 years of our Independence. We are seeing that for the past 60 years, the tribal people who have been living in the forests are not the masters of forests. So, a lot of exploitation was going on. Several mafias were also exploiting. Therefore, after due consideration, the Government has come out with this comprehensive Bill. But, here, I would like to say that the Joint Parliamentary Committee, which is consisting of all political parties, has given certain recommendations unanimously. I don't know why the Government has not taken into consideration some of the positive suggestions given by the JPC. In this regard, I want to make two or three suggestions. I think, earlier also, some of our Members have already pointed out them. Number one is regarding the generations. The proposal of the Government is 25 years. (Contd. by 5H/PB)

PB-PSV/5H/7.35

SHRI SYED AZEEZ PASHA (CONTD.): We think this is not proper. If we can reduce it to 12 or 15 years, that will be more perfect or the amendments given by Shrimati Brinda Karat can be accepted in this regard.

Sir, the tribal people who are residing there should be masters of all the produce which is there. Now, when there is a Pond, naturally they will go and catch it. If the Government says that they are going to be punished for that, this will be really unfair. To build their own dwelling, they will pick up some stones and do it, but, here, it is also becoming an offence as per the Bill. So, these sorts of undesirable things should be removed, and they should really become master of their own land. Sir, we think that due to the Government policies, some persons have long been settled in forest areas. Today, if we question it and if they do not get the same sort of rights, it will also be unfair. Now, another example of Narmada is also there where so many persons were uprooted. What about their future? Are we going to give any sort of guarantee to them or not?

Lastly, Sir, if we unnecessarily press them and ask about the title or pattas, naturally, they may not be having. So, any sort of oral evidence or some sort of affidavit should be sufficient to confer their ownership rights. So, these are some of the suggestions.

Sir, I feel that the hon. Minister would give a careful and positive thought to our suggestions which are given. Lastly, I say, we support all the amendments which are being moved by comrade Brinda Karat. Thank you very much for having given me this opportunity. (Ends)

ㇵ (֬ Ϥ) : ֮֮ߵ ֳ֬ , ָָ ָ ן ׾ִֻ , þ֟ӡ֟ ߲ 58 ָ֮, ד֟ ֮֕ןֵ ׻֋ ֵ ֵ "ד֟ ֮֕ן ָָ֟ ֮ ׮־ (֮ ׬ָ ֮֟) ׾֬, 2006" þ֟ ֣ ֮֮ߵ ֤õ, ߴ֟ Ӥ ָ ־ פ, ӓֵ֟ ׾ßָ ד֟ ָ ׬׮ִֵ 1996, ו ֮ ֟ , וִ ֻ, ֻ ִ߮ ִ׮֟ ִד֟ ׬ָ פֵ פ ֵ , Ӥ ֮ ֟ ֣ ָ ֟ ӓֵ֟ ޛ ßָ ָ ֆ ן׮׬֟ ׻֋ , ֻ Ӥ ֻ, ֲ פֵ ִ֮֟ ֣ ߤָ ִ ֵ , ׻֋ ן׮׬ ֮ ֟ ׻֋ ֮־֤ ֬և ִ֣Ԯ ֳ֬ , ֣ ֟ ׾֬ ß־֮ ֟ և ד֟ ֮֕ןֵ ָָ֟ ֮ ׮־ֵ ן ן ֵ , ֮ ׸ãן ֻ ֮֓ ׻֋ ֮֋ ֮ ׻֋ ׳֮ ֛ ֟ , ו ָָ þָ

֮֮ߵ ӡ ֣ ִ֕ ֮֮ ׬ָ פֵ ֣ ן ֵ , ֮֮ߵ ӡ ֤ ֟֋ ן ֵ -- , ו֮ ֕ - ϳ׾֟ ? ן ֵ 3 פֵ ׮ ׾ ֮ ִ ָ ׾ã֮֯ ? ן ֵ 250 ™ߵ ֮ ֮ ߾ ָ޵ ֻ פ ֋ ֮־ֵ ߛ ? ן ֵ ָָ ָָ י ё ׾ãׯ֟ פֵ ״߮ ? ן ֵ ִו ׮ ӵ㌟ ֮ ϲӬ֮ ִ ָ ָָ ״ ה ֮ ? (5/000 ָ ֿ:)

aka-hk/5j/7:40

ㇵ (֟) : ן ֵ ֮ 1974 ָָ ֤ ־֕ ֕ ֳ 4,000 ִ֮ ִ ßֵ ֮֋ ֮ ? ן ֵ ֜, , ָӛ ֕ פֵ ָ ֳ 11 ֮ ָ֬ ? ן ֵ פ ָ ֮ ֣ ִ׵ ״ ִ ָ ßӟ׸ ? ָָ ֤ ֟֋ ֻ ִ߮ - ָ פ ִ֕ ָ - ֵ ֵ ״ ?

֮֮ߵ ֳ֬ , פ ן ֵ ֵָ ֲ ״ֻ ֵ֟ ֮ פֵ Ӳ׬֟ ׬ָ ׾֬, 2006 ֵ ׌ פ֋ פ ֟Դ֮ ײֻ ֵָ ֟ ֵ֟ ֮ ָ ָָ ָ פֵ ָ ן ֵ ֮֟?

֮֮ߵ ֳ֬ , ֮֮ ן ֵ ϣִ ™ ׮ , ֮ פ ִ֕ ׬ָ ד֟ ֻ ϴ ֮ ߵ ֮ Ӹ ֮, 1980 ָ פֵ ֕- ײ֕ Ӹ֟ ״ ָ ֮ ׾ֳ ָ ֱ ֵ, ׻ ָ ן ֮ ָ֬ ֋ ֳ פ פֵ ָ ֻ ׯ ׻֋ ֮ , ׻ ֮ ׾ֳ ָ և ֵԾ ֕ ־֕ פ ֮

֮֮ߵ ֳ֬ , פ ִ֕ ן׮׬֟ , , פֵ ߓ ִ , ָ ߲ ִ ָ ָ ָ֓ , ֮֟ ֵ֯ ֡ וֻ ָ ֮ ׾ֳ ׬׸ ߲ 13 פ ֆ ׮־á ߙ օ ֲ ™ߵ ֵ , þֵ ָ ӓ ׻֋ և , ֵ ֣ ֆ ߙ ֵ օ ß־ ֮ פֵ ָ ֵ ָ ֣ ָ֓ օ

( ֳ֯ן ߚ߮ )

֮֮ߵ ֳ֯ן , ֮֟ ָ -Ԯ ׬׮ִֵ, 1894 ָ ׾֟ 100 פ ִ֕ ָ ן ֵ ֤֕ ֤ Ӭ, ׮, ֮֮, ׸֮ֆ ִ ָ פֵ ״ ׬ߟ ״ Ԯ ֮ פ ֳִֆ ӓֵ֟ ß־ ׮ ָ ֮֟ և , : ׸ãןֵ ָ ״ Ԯ ֮ ָ פֵ ָ ן ֵ ֕ ־ֿ ׬׮ִֵ פ ״ ׬ ןֲ׬֟ ־֮֬ ֋Ӆ

֣ ָߵ ׾֮֬ , ߴ֟ Ӥ ָ ׬׮ִֵ, 1996, ו ֮ ֟ , ֵօ ֮ ָ 4() ָָ֟ פֵ ֻ, ֻ ִ߮ Ӳ׬֟ ִד֟ ׬ָ ֋ ָ ָߵ ֮ ׬׮ִֵ, 1927 ֵ, ֮ Ӹ ׬׮ִֵ, 1972 ֣ ֮ Ӹ ׬׮ִֵ, 1980 ֵօ ֲ ֮ ֮ ֋ ֮ פֵ ו֮֟ ׬ָ Ӹ ״ֻ֮ , ֮ ֯ ֮֮ߵ ӡ , ׾֬ ־֮֬ ֋ , ׬׮ִֵ ֮֋ ֋ , ָ ֮ ֮ ֋, ֟ ָ ׾ֿ ֮ פ ֮ ־ֿ

֕ 58 ֤ פֵ ֮ ׬ָ ӲӬ ײֻ ֵ ֵ , ֲ 50 ָָ , ֟ ֮ ֵ פֵ ֣ ָ ָ֓, ֵ ֕ ֟ ׾֬ ִ֬ þָ פֵ ֣ ן ֵ

֮֮ߵ ֳ֯ן , ֲ ֮֮ߵ ײָ ֕֯ 韾 ֛ߋ ָָ ָ פֵ ִ ٣, ִו, ֮֕ן ׾ ֋ ֣ ֣ ָ֓ ׌ פև ֋, ׻֋ ן ׮Ե ׻֋ ֲ פ ӡֵֻ, כ֙ ֣ , ױ ִו ֵ ֣ , ֵ ֣ ֣ פ ӡֵֻ ָ ֛ߋ ָָ 270 ןֵ ֮֕ןֵ ״ֻ ֵօ ('5k/sch' ָ ָ)

SCH/7.45/5K

ㇵ (֟): ָ פ ֵ ֵ ֵ, ևԮ ָ֮ ֵ ֵ, ֣ פ ֆ ׻֋ ׾ֿ ֮ֆ ־֮֬ ֵօ ֛ߋ ָָ Ϭ֮ ӡ ֮֮ߵ ײָ ֕֯ ָ פֵ ִד֟ ׾ ׬ָ פ֮ ׻֋ ֵ ֵ, ָ 50 ֟ ֨ ָߵ ֮֟ ֙ פֵ ׾ ֟ ֕ ֤ ִ֬ - פ և ֻ֟߮ Ϭ֮ ӡ ֮֮ߵ ײָ ֕֯ ֮־֤

֕ ֲ ָָ ֮ פֵ ֙ , ֲ ָָ ָ ֮ ֻ֕ ׾֬ ֵ ֵ

, ֵ ׬׮ִֵ ӲӬ ֮ ֟ ֮ ߾ ׬׮ִֵ 1972, ֮ Ӹ ׬׮ִֵ 1980 ֣ ׾׾֬֟ ׬׮ִֵ 2002 ֳ ֮, ֮ ֿ ד֟ ֮֕ן Ӳ׬֟ , ִ ־֮֬ , ו פ ֻ ֻ ֋, ־֕ ֛ ֣ ֮ ׾ֳ ׬׸ ָ ֻ ֵ ֕ ָ ֻ֋ ֵ ׬׮ִֵ ӿ פ ֮ , ֮ ׬ָ ד֟ ֋Ӆ

ֲ ד֟ ֮֕ן ׌ ֻ ׮־ , ֲ ֻ ׾ßָ , ׾ָ֯ߟ ֲ ֕ ֮ Ӹ ׻֋ ֮ , ֲ ׮ָָ ֮ ֱ ֙ ֲ ד֟ ֮֕ןֵ ֻ , ו - ֯ և , ֻ ֵ , ֲ ֮ ֤ ֱ ֮ ֣ ֮ ״ - ֮֬ , ׯ֟ ֮ ™, ֮ , ߾֤֮֟ ֮֟ , ֋ , ׻֋ ֮ ֜ օ ֲ ֮ ֻ ֮ , ֲ ֮ ֙ ָ ֵ , ؓ֟ ׾ֵ

֮ ֻ ֮ ׾ֳ , פ ו֮ ֮ פֵ ֮֟ ׬ , ֻ ֕ ֟ ו֮ ֻ פֵ ֻ ֵ , ֮ ״ ֮ ߾ ֮ ׻֋ ד֟ ֮֕ן ָָ֟ ֮ ׮־ (֮ ׬ָ ֮֟) ׾֬ 2006" ֟ ֋ פֵ ֻ , ֮֕߾ ֿ ӳ־ , ׬ָ , ֻ פֵ

, ֟ ֯ ֟ ֮ פֵ Ͼע , ֮ ֮ ֳ , ߾֮ ׻֋ ־ֿ ß ֮ Ӹ ִ ֋, ׾ָ߅

, ֮֮ߵ ӡ ׾֬ ӿ֮ ָ ־ ִ ֵ ײ֮ 2 (2) () () , ׾֬ ׸ ֳ֮״ ֣ ִ֮ ֵ , ִ֮ ӟԟ ֮ ß ֵ , ׸ ֮ ״ ׸֟ ֮

ָ ־, ײ֮ 2 ӟԟ (2) () , ֮ӓֻ ֻ פ ֮ ׻֋ ־֮ ׮ִ ֵ á ֵ㌟ , ߴ֟ Ӥ ӲӬ ָ ֮ ֮֮ ִ ֟ ׸֟ ֵ ִ ֮ ֻ , ״ּ, ՙ, פ ־֮֬ , ׸֟ ־֮֬ ״׻֟ ֮

ָ ײ֮ 2 (2) () ֮֟ ׾׳֮ ֑ ֮ ֕ ׸ ԟ , דָ, , פ , ֲ פ ߾֮ ܵ ֲ ׬ ֬׸ ֮ ֕ , , , דָ, , , ִ ß ֮ פֵ ָ ֑ ֮ ֕ ֟ , : ִ ֮

ָ ײ֮ 3 ӟԟ (1) () ֮ ׬ָ ӟԟ ֮ ֻ ד֟ ֮֕ן ׻֋ ׻ ָ, þָָ, ־ֵ, ֿ ֻ֮ פ ֵ , ו ֿ ֮ ֵ ׾ ׮־ֵ

MCM/5L ָ ָ

MCM-GSP/5L/7-50

ㇵ (֟) : ֵ ׾ ׮־ֵ ָ ײ֮ -3(1)() פ ן ֮֕ן ִ ־ך ׸ָ ֮ ־֮֬ ֋ ֕þ ֲ֤ ״ ֟ ֟ ָ ֮ ֵ פ ׸ָ ׻֋ ־֮֬ ֋ ײ֮ -3(2) ԟ פ ֮ ״ "" "" ֮֯ ־֮֬ þ֟ ֮֮ߵ ӡ ֮־֤ ֣-֣ ִ ߕ ״ֻ ֮֯ ֲ ֟ ֋ ֻ ֤ ִ ãֆ ־֮֬ , וִ ׿ Ӳ׬֟ ߕ ָ ָ ֣ ֮֯ ־ ׻֋ օ ָָ ָ פ ־ ֮ ־ã ד֟ ֋ ׻֋ ָ פ ־ ֮ ־֮֬ ֮ ֣ ֮֯ ׻֋ ׻ ו ֮ ־ ִ ׻ ־֮֬ ֋ ֣ ֵ-4 ֮ ׬ָ ׮ ׻֋ ׬ָ , ִ ֮-6(7) ԟ ֕ ßָߵ ׮֙ظ ״ן ֚ ֋ ִ ֮֯ ָ Ӥ פ ך ߅ ֯ ׮־ 15 20 ֤õ וִ ֤ ֕ ֳ ֳ פ ִ֕ ן׮׬֟ ֻ ֤ ֣ ִו ֵ, ׾ֿ, ֮ ָֻ 녠 ָ ֕ ßָߵ ֚ ָ ײ֮ -6(8) ֮֯ וֻ ßָ ָ ֕þ, ևֻ כ֙ ӓֵ֟ ן׮׬ ״ֻ ִ ־ ִ ֮֯ ׻ ׾ֳ : ִ ׻ ֋ וֻ ׳ֵ֮ ׬ָ, וֻ ׾׬ ׬ָ ֣ ֣ ן׮׬ 녠 ָ ֮և ֋ ׾ֿ ָ ֮ӓֻ ִ ßָ ָ ״ן ֮և ֋ Ӿ׮ ӡߵ ֨ן ו ׌ ׾ֿ ׬ָ ִו ָָ ָ ס ָ ָ ֟ ֯ ֣ ֵ-5 ָ֬ ßֵ Ӥ ֮֯ ָ ֋ ־֮֬ ֳ֯ן , ֮֮ߵ ӡ פ ו և ֮ ߲ ׻֋ ֯ ָ ֋ Ԯ ֟ ֋ ־֮֬ ֮ ׌֠ Ԯ

֣ ־ ׾֬ ִֵ ־ã ֣ ־֮֬ ן ־ֿ ֵ֮֮ ָ , ׮֟ ֻ ӡ וִָ ׬ָ ׾֬ ־֮ Դָ֤֮, ׮š Ӿֿ߻֟, ײ֮ ־ ָ֟ ™ ֮֟ ׮֟ ׻֋ ־ã ֮ ߾ ֮ ׻֋ Ͽ׮ ӡ וֻ ßָ ָ , ִ 50 ןֿ֟ ֤ פֵ ׻֋ ֮ ֣ ֟ ָ 75 ׯ״י և ָ ָָ ֟ , פ ֻ ׮־ ֋ -, ָ ֮ ߾֮ ֮֯ ׯ֔ ֮֕ן ׻֋ ׾֬ ׾ֿ ׾֬ ׻֋ ׾ֿ ־֮֬ ֟օ ׻֋ ׾ֿ ָ ֮֮ߵ ӡ ׮ִֵ ֮֟ ִֵ ָָ֟ ׬ָ ׻ׯֲ֨ ֋

֮֮ߵ ӡ ֵ ֮֯ פֵ ָָ֟, ׬ָ ָ 2006 ײֻ ֋ , ֯ - ֮־֤ פ և ֯ - ֮־֤ (ִ֯) (5M ָ )

SK/5M/7.55

SHRI B.S. GNANADESIKAN (TAMIL NADU): Thank you, Sir. I rise to support the Bill. There are two things. One is, after our Government came to power, it has shown that it has the will to make several enactments, particularly, regarding the rural employment guarantee, domestic violence, child rights, equal status for women by amending the Hindu Succession Act, then, only two hours before we have passed 27 per cent reservation to OBCs and now this forest Bill. Therefore, Sir, I congratulate this Government for brining in this Bill to protect the Scheduled Tribes and other traditional forest dwellers. As far as this Bill is concerned, there are four aspects. One is vesting the right; second is protection from eviction; third is upgrading their livelihood which is guaranteed under clause 3, and then, fourth is to use the home products. I congratulate the hon. Minister because this Government has the courage to admit that there is a historical injustice done. And, to my knowledge, this is the first time, in a legislative enactment, the Government admits that injustice has been done to a particular group or community and that injustice has to be remedied. Therefore, this Bill is being brought before this House. Therefore, this courage and wisdom has to be congratulated. Sir, there are two things. The nature of evidence is more important, as my respectable colleague Brindaji said, and as one advocate has mentioned that he was going to the Supreme Court regarding this Bill as it is being passed in the Lok Sabha. The evidence part of it will create a lot of confusion. It will give a lot of interpretation to the lawyers and it will give a scope for the judicial interpretation by exercising the judicial review. Therefore, Sir, the Act does not contain what are the proofs required to confirm the vesting of rights on the Scheduled Tribes and also the traditional forest dwellers. It is left to the rule making power. So, I think, it is better--the JPC also suggested-- that the proofs required are elaborated and catalogued in the main section itself, so that there is no ambiguity on this aspect.

Then, Sir, the Gram Sabha has to now pass a resolution. It has to be sent to the sub-divisional Committee. Then, it goes to the district-level committee. Sir, we know how these district-level committees, sub-divisional committees and revenue authorities are functioning. Therefore, instead of making these people to make the claim and verification and codification under the relevant section, is it not better, through you, I would like to ask the hon. Minister, that the Gram Sabha by itself can adopt some model or some method for verification as to who are the dwellers and suo motu they can go and verify? Because in this country, they also fought for freedom. They have been applying for several years for getting the freedom fighters' pension. But they are from running pillar to post. Likewise, these tribal people, who are innocent people, who do not understand the necessity and other things of modern society, have been put to very great difficulty, if they are asked to go to the sub-divisional committees and district-level committees.

Sir, there are two-three things which require some clarification from the hon. Minister. One thing is, under clause 6 (8), several departments have been included. Is it not better that the Law Department is also included as one of the authorities in the Committee so that the legal aspects can be considered? In clause 14 (b), a form has to be prescribed for clause 6 (2). But for filing a petition to the district-level committee, under clause 6 (4), no form has been prescribed. There is a lacuna in it and I request you to kindly pay attention to that aspect. (Contd. by vkk-5n)

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