Centre Reviewing SC Ruling on Forest Laws
Context:
The Union government is reviewing a recent Supreme Court order that highlighted a conflict between forest laws and tribal housing schemes.
The Tribal Affairs Minister stated that the government must ensure flagship schemes like PM-JANMAN and DAJGUA continue to serve tribal communities effectively despite these legal hurdles.
FRA vs. FCA:
The Supreme Court noted a conflict between the Forest Rights Act (FRA), 2006 and the Forest Conservation Act (FCA), 1980.
The Court observed that while the FRA allows the government to undertake certain "non-forestry" activities to provide facilities to forest dwellers, these prescribed activities do not explicitly include the construction of pucca housing.
This creates a legal hurdle for tribals holding forest rights titles who wish to build permanent homes (sanctioned under schemes like PM-AWAS) on forest land, as it conflicts with the conservation mandates of the FCA.
About PM-JANMAN
Prime Minister had announced the Pradhan Mantri Janjati Adivasi Nyaya Maha Abhiyan (PM JANMAN) on the occasion of Janjatiya Gaurav Divas on 15th November 2023 at Khunti, Jharkhand.
Objective: To uplift Particularly Vulnerable Tribal Groups (PVTGs).
The 75 PVTGs constitute over 28 lakh PVTG population in 7.12 lakh households, scattered over 22,544 villages and habitations, in 840 blocks located in 220 districts in 18 States and Union territory of Andaman and Nicobar Islands.
PM-JANMAN aims to improve the quality of life for PVTG communities through targeted support in areas such as safe housing, clean drinking water, education, health, road and telecom connectivity, electrification, and sustainable livelihoods.
It involves 11 critical interventions implemented through 9 Ministries.
Recently, on 17th September, 2024 the Prime Minister handed over keys for Gruha Pravesh of 40,000 completed houses constructed under PM-JANMAN.
About DAJGUA:
On October 2, 2024, Prime Minister Narendra Modi launched the Dharti Aaba Janjatiya Gram Utkarsh Abhiyan (DAJGUA) in Hazaribag, Jharkhand.
It aims to address critical gaps in social infrastructure, health, education, and livelihood development across approximately 63,843 tribal villages of Aspirational Districts.
The idea is to ensure holistic and sustainable development by saturating critical gaps in social infrastructure, health, education, and livelihood.
It focuses on 25 scheme interventions implemented through the coordinated efforts of 17 Ministries.