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This is an archive article published on August 22, 2006

No vote, but Elders back wildlife Bill; debate to continue today

Despite being made “tribal-friendly’’, the Wildlife (Protection) Amendment Bill could not be voted on in the Rajya Sabha today.

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Despite being made “tribal-friendly’’, the Wildlife (Protection) Amendment Bill could not be voted on in the Rajya Sabha today. Some members felt that it violated the provisions of the Federal system: the Bill stipulates that the all-powerful Tiger Conservation Authority can write to any state authority and the state shall be “bound to comply’’.

Sources in the Union Law Ministry, however, clarified that such scope exists in Articles 256 and 257 and that already a number of Bills, including the Handloom Act, 1985, have such provisions. Environment and Forest Minister A. Raja is likely to elaborate on this point in his reply to the debate tomorrow. The task force, in its report, highlighted the importance of a binding Central authority to make erring states fall in line.

The Ministry of Environment and Forest (MoEF) has referred the Bill to the Law Ministry for consultation.

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It has been a long wait — the Wildlife Bill was delayed in anticipation of a related Bill on tribal rights. This Bill seeks to establish a Tiger Conservation Authority and set up a Wildlife Crime Bureau based on the recommendations of the Tiger Task Force. The Left parties who were so far opposed to the Bill, are now largely satisfied with the changes made. They were concerned that the original Bill was in direct conflict with the provisions of the yet-to-be finalised Tribal Bill.

“This version now is aligned with the recommendations of the JPC,’’ said Brinda Karat of CPI(M), speaking at the debate in the Rajya Sabha.

The Bill has now added adequate representation from the tribals — both the Tiger Conservation Authority and the state steering committees will have representation from Tribal Affairs, Social Justice and Empowerment and the National Commission for the Schedule Tribes.

A caveat is added to the powers given to the Authority that will direct, advise, order the states to ensure the implementation of the tiger conservation plans . They are free to issue directions “provided that no such direction shall interfere with or affect the rights of local people particularly the Schedule Tribe’’.

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The Bill provides for the limits of ‘core’ or ‘critical’ areas to be determined on the basis of scientific and objective criteria in consultation with gram sabha concerned and an expert committee constituted for the purpose.

“Today 1.7 lakh people stay in the core area and 3.7 lakh in the buffer zone. How can one social scientist draw the lines, which would impact the lives of so many people,’’ said Karat.

Karat maintained that there was no such thing as “voluntary’’ relocation “when all that the tribal gets is a sum of Rs 1000 to move’’. Other members speaking on the Bill felt that the 23 members for the Authority make it unwieldy and asked for a “thinner and efficient’’ body.

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