NCST Challenges NTCA’s Village Relocation Advisory, Citing Tribal Rights and Legal Concerns in Tiger Reserves

(Source: Indian Express; Section: Express Network; Page: 07)

 Analysis of News: 

What is the NCST?

• Formation: NCST was set up in 2004 by amending Article 338 and by inserting a new article 338A in the Constitution through the 89th Constitution Amendment Act, 2003. Hence, it is a constitutional body.

• • By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely:

• • • the National Commission for Scheduled Castes (NCSC), and

• • • the NCST

• Objective: Article 338A inter-alia gives powers to the NCST to oversee the implementation of various safeguards provided to Scheduled Tribes (STs) under the Constitution or under any other law for time being in force or under any other order to the Government and to evaluate the working of such safeguards.
• Composition: It consists of a Chairperson, a Vice-Chairperson and 3 other Members who are appointed by the President by warrant under his hand and seal.

• • At least one member should be a woman.

• • The Chairperson, the Vice-Chairperson and the other Members hold office for a term of 3 years.

• • • The Chairperson has been given the rank of Union Cabinet Minister, the Vice Chairperson has the rank of a Minister of State and other Members have the rank of Secretary to the Government of India.

• • The members are not eligible for appointments for more than two terms.

NCST Seeks Clarifications and Reports

• Following a full commission meeting, the NCST decided to request a report from NTCA on the village relocation issue, officially ratifying this decision in October.
• The commission is also asking for an action-taken report from both NTCA and the Union Environment Ministry regarding NCST’s previous recommendations for better compensation under the Land Acquisition, Rehabilitation, and Resettlement Act, 2013.

Compensation Package and Relocation Concerns

• In 2021, NTCA raised the relocation compensation from Rs 10 lakh to Rs 15 lakh per family.
• However, the NCST seeks further details on NTCA’s response to its 2018 recommendations, which emphasized that compensation should fully align with the 2013 Resettlement Act and offer comprehensive entitlements, including land and infrastructure support.

Legal and Tribal Rights Concerns

• Tribal rights groups argue that the NTCA’s advisory for prioritizing village relocation conflicts with the Forest Rights Act, 2006, and the Wildlife Protection Amendment Act, 2006.
• They assert that relocation must be voluntary, respecting the informed consent of tribal communities as well as the legal recognition of their rights.
• The advisory’s omission of these provisions has sparked concerns that the NTCA’s approach may not fully align with established legal requirements.

Conclusion: Balancing Conservation and Tribal Rights

• The NCST’s intervention highlights a critical need for ensuring that conservation efforts respect the rights of indigenous communities.
• By seeking clarification and a revised compensation framework, NCST aims to balance the preservation of tiger habitats with the rights and welfare of affected tribal populations.