Campaign for Survival and Dignity condemns tribal ministry’s latest stand on removing forest dwellers’ consent for diversion of forests
The Ministry of Tribal Affairs (MoTA) issued a memorandum stating there is no provision requiring Gram Sabha consent for Stage-II forest clearance under the Forest Rights Act, 2006, and that such matters fall outside its purview
The memorandum was issued in response to concerns raised by the National Hydroelectric Power Corporation Limited (NHPC) about project delays attributed to the Gram Sabha consent requirement
The matter arose from the 31st Report of the Parliament's Committee on Public Undertakings (18th Lok Sabha), placed before Parliament on August 6, 2026, which examined delays in hydroelectric projects
A coalition of Adivasi and forest dweller organisations, the Campaign for Survival and Dignity, has objected to the Ministry's position, arguing it contradicts the Ministry's own statutory role and established legal safeguards for forest communities
Forest Rights Act, 2006 — Gram Sabha's Role in Forest Diversion
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognises individual and community rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over forest land, correcting what the Act calls a "historical injustice." Section 6 makes the Gram Sabha the competent authority to initiate and determine the nature and extent of forest rights claims, while Section 4(2)(e) requires the free, informed consent of the Gram Sabha in writing before forest rights are modified or resettled for critical wildlife habitat/protected area management.
MoTA's memorandum asserts the Act contains "no provision" for Gram Sabha consent on Stage-II clearance, a position that forest rights groups say conflicts with the 2009 procedural requirement and the Ministry's own nodal role under the Act.
Forest (Conservation) Act, 1980 — Two-Stage Clearance Process
The Forest (Conservation) Act, 1980 (renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam after 2023 amendments) requires prior Central Government approval before forest land is diverted for non-forest use. Clearance is granted in two stages — Stage-I (in-principle approval) and Stage-II (final approval) — and it is at the Stage-II stage that the Gram Sabha consent controversy in this news arises.
NHPC's complaint about project delays specifically concerns the Stage-II clearance stage, where the FRA-linked Gram Sabha consent requirement is applied as a procedural gate, distinct from the Forest (Conservation) Act's own statutory text.
Free, Prior and Informed Consent — the Niyamgiri Precedent
The Supreme Court's 2013 judgment in Orissa Mining Corporation Ltd. v. Ministry of Environment and Forests (the "Niyamgiri case") established that Gram Sabhas have the authority to decide on religious and cultural rights claims over forest land threatened by diversion, reading Section 6 of the FRA together with Section 4(d) of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which mandates Gram Sabhas to safeguard tribal customs and traditions.
Key Details
- In April 2013, twelve Gram Sabhas in Odisha's Niyamgiri Hills unanimously rejected a bauxite mining proposal linked to Vedanta, exercising the consent power affirmed by the Court
- The case is frequently cited as India's first instance of an "environmental referendum" via Gram Sabha resolutions
- PESA 1996 applies to Fifth Schedule areas and empowers Gram Sabhas to be consulted before land acquisition and resettlement/rehabilitation in Scheduled Areas
- The Forest Conservation Rules, 2022 were separately criticised by tribal rights groups for diluting the role of Gram Sabha consultation by allowing forest clearance to proceed before FRA rights recognition is complete in some cases
The Campaign for Survival and Dignity's objection rests on this line of precedent — that Gram Sabha consent for forest diversion is not merely administrative practice but is rooted in Supreme Court interpretation of the FRA and PESA, which MoTA's memorandum does not engage with.
Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and the Fifth Schedule
PESA extends the panchayati raj system to Scheduled Areas under the Fifth Schedule of the Constitution (tribal-majority areas across ten states), with special provisions that give Gram Sabhas primacy over decisions affecting community resources, land, and customs — distinct from the Sixth Schedule, which provides autonomous district councils for tribal areas in the Northeast.
Key Details
- PESA, 1996 mandates that the Gram Sabha or Panchayats at the appropriate level be consulted before land acquisition and rehabilitation/resettlement of displaced persons in Scheduled Areas
- Fifth Schedule areas (notified under Article 244(1)) currently cover parts of ten states, administered with the Governor holding special powers to regulate land transfer and moneylending
- The Sixth Schedule (Article 244(2)) applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram, providing Autonomous District Councils with legislative, judicial, and financial powers — a stronger form of self-governance than PESA
- PESA compliance (or the lack thereof) is a recurring issue in project clearances for mining and infrastructure in Fifth Schedule states such as Odisha, Chhattisgarh, and Jharkhand
The Niyamgiri precedent invoked by forest rights groups drew its authority partly from PESA's Section 4(d); the current controversy over hydroelectric project clearances similarly involves Fifth Schedule-adjacent tribal areas where PESA and FRA consent mechanisms overlap.
- MoTA memorandum issued: August 31, 2026
- Forest Rights Act enacted: 2006; nodal ministry: Ministry of Tribal Affairs
- Parliament Committee on Public Undertakings 31st Report (18th Lok Sabha) tabled: August 6, 2026
- MoEF circular mandating Gram Sabha consent for forest clearance: August 2009
- Niyamgiri (Orissa Mining Corporation) Supreme Court judgment: April 18, 2013
- PESA Act enactment year: 1996; applies to Fifth Schedule areas across 10 states
- Forest (Conservation) Act, 1980, renamed Van (Sanrakshan Evam Samvardhan) Adhiniyam after 2023 amendment