NGO alleges tribal affairs ministry was not properly involved in shaping forest Bill amendment

“When what has been stated by MoTA (Ministry of Tribal Affairs) and MoEF&CC (Ministry of Environment, Forest and Climate Change) in the Rajya Sabha are read together, it is glaring that the Ministries have not worked in conformance with the Doctrine of Harmonious Construction, as is the purpose of Article 77 of the Constitution of India that requires Government of India to follow due process meaningfully, not as a ritual, in protecting the nation and securing the rights of all of her citizenry,” the NGO said in a statement.

In his response to a question from Rajya Sabha member Aneel Prasad Hegde on Thursday, Union minister Ashwini Kumar Choubey said the Bill had been proposed after carrying out inter-ministerial, state and public consultation.

“A note on the Bill has been circulated to all Ministries, including MoTA. Moreover, a concept paper indicating the amendments proposed in the Act was also circulated among the general public for their comments as per the provisions of Pre-Legislative Consultation Policy of the Government of India. Based on the comments received from the Ministries, Public and stakeholders, including in vernacular languages, the Forest (Conservation) Amendment Bill, 2023 has been finalized by the MoEF&CC,” his written reply said.

The NGO said the environment ministry, however, had failed to specifically respond to the question if it indeed proposed amendments to the Forest Conservation Act 1980 in coordination with the tribal affairs ministry and in conference with the Allocation of Business Rules.

Leo Saldanha, a trustee of the NGO, said that the Bill would have direct, irreversible and disastrous implications for forest conservation, protection of forest rights and biodiversity.