Question : DISPLACEMENT OF TRIBALS

(a) whether the Government is aware that a large number of tribal people are being displaced as a result of various construction/ development projects;

(b) if so, whether the Government maintains any data in this regard;

(c) if so, the details thereof including the number of tribals displaced as a result thereof during each of the last three years and the current year, State-wise;

(d) if not, the reasons therefor and the manner in which the Government formulate policies/schemes for socio-economic development of tribal people in the absence of the said data; and

(e) the remedial steps taken or being taken by the Government in this regard?

MINISTER OF STATE IN THE MIN1TRY OF TRIBAL AFFAIRS (SHRI MANSUKHBHAI DHANJ1BHAI VASAVA)

(a): The Government Is aware that displacement of Scheduled Tribe people takes place during various development projects.

(b) & (c): Ministry of Tribal Affairs is mandated to examine and issue clearance in respect of those irrigation/flood control projects which effect tribal population. A list giving details of project for which clearance has been issued by Ministry of Tribal Affairs during the last three years along with tribal people affected for resettlement and rehabilitation is attached as Annex.

(d): The question does not arise in view of reply given at (b) & (c) above.

(e): To address the issue of Land Acquisition and displacement of tribals, the Government has enacted the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 which came into force w.e.f 01.01.2014. The Act has special provisions for Scheduled Castes and Scheduled Tribes. In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in the Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be. shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency. The Act also lays down procedure and manner of rehabilitation and resettlement.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in section 4 (5) states that save as other wise provided, no member of a forest dwelling Scheduled Tribe or Other Traditional Forest Dweller shall be evicted or removed from the Forest Land under his occupation till the recognition and verification procedure is complete.

The Panchayats (Extension to Scheduled Areas) Act, 1996, also provides that the Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resetting or rehabilitating persons affected by such projects in the Scheduled Areas: the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the State level:

Constitutional provisions under Schedule-V also provide for safeguards against displacement of tribal population because of land acquisitions etc. The Governor of the State which has scheduled Areas is empowered to prohibit or restrict transfer of land from tribals and regulate the allotment of land to members of the Scheduled Tribes in such cases.