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🇮🇳 India /Culture & Society

Justice Lokur flags poor implementation of FRA and PESA, says tribal rights are being undermined

From Hindustan Times · () English

Translated from English and summarized by DistantNews. Read the original for the full story.

At a glance

News Named sources Context piece
  • Former Supreme Court Justice Madan B. Lokur said India’s Forest Rights Act and Panchayats Act have not been properly implemented, leaving many tribal claims unresolved.
  • He said Gram Sabhas were being bypassed despite their legal role in decisions affecting tribal communities and their resources.
  • Lokur also raised concerns about the impact of new legislation replacing MGNREGA, saying tribal workers could face difficulties over job cards, employment and wage payments.

Former Supreme Court Justice Madan B. Lokur has accused authorities of leaving India’s tribal rights laws largely ineffective, saying years of claims over land, forests and natural resources remain unresolved.

Speaking at a gathering of the Adivasi Adhikar Rashtriya Manch in New Delhi, Lokur said the Forest Rights Act, enacted in 2006, had still not been properly implemented nearly two decades later. “The biggest problem facing the Adivasis is the implementation of the law,” he said. Unless the government recognised and enforced the rights guaranteed under the act, he warned, thousands of cases would continue to be filed against tribal people.

The biggest problem facing the Adivasis is the implementation of the law.

· Madan B. LokurThe former Supreme Court justice criticised the implementation of the Forest Rights Act.

Lokur said many claims under the act were still awaiting decisions on land, minor forest produce and other rights. “Even now, these cases are continuing. No decision has been made about the land, no decision has been made about minor forest produce, no decision has been made about the rights of the Adivasis,” he said.

Even now, these cases are continuing. No decision has been made about the land, no decision has been made about minor forest produce, no decision has been made about the rights of the Adivasis.

· Madan B. LokurLokur described unresolved claims under the Forest Rights Act.

He also criticised implementation of the Panchayats Act, or PESA, a 1996 law that extends the Panchayati Raj system to Scheduled Areas and gives Gram Sabhas a central role in decisions involving local communities and their resources. Referring to the Supreme Court’s 2013 judgment in the Odisha Mining Corporation case, Lokur said the court had recognised that role in matters affecting tribal rights. “The Gram Sabha will not decide. This is not according to the law. This is not according to the FRA. This is not according to the PESA,” he said.

Lokur further expressed concern about employment opportunities after the replacement of MGNREGA with new legislation. Drawing on his experience monitoring the rural employment programme in the Supreme Court, he said people had faced problems securing job cards and work and receiving wages on time. He said tribal people accounted for about 30% of MGNREGA beneficiaries and that it was too early to assess the effect of the new law.

The Gram Sabha will not decide. This is not according to the law. This is not according to the FRA. This is not according to the PESA.

· Madan B. LokurHe said authorities were bypassing Gram Sabhas despite their legal role.
About this summary

Originally published by Hindustan Times in English. Translated, summarized, and contextualized automatically by DistantNews, with a note on how the source frames the story. Not individually reviewed before publishing. How this works.

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