Congress says Tribal Affairs Ministry's FRA stand 'shocking', alleges industry pressure on Centre

The Congress on Tuesday accused the Tribal Affairs Ministry of abdicating its statutory responsibility under the Forest Rights Act (FRA), 2006, after the Ministry reportedly told the Power Ministry that the law has no provision for obtaining Gram Sabha consent for diverting forest land for non-forest purposes.

Rajya Sabha MP and Congress general secretary Jairam Ramesh said this “shocking stance” reflects a “serious misunderstanding of the law and an abdication of the Ministry’s statutory responsibility”. He also asked whether the Centre was “under pressure from the Modani conglomerate and other mining interests” — a reference to Prime Minister Narendra Modi and the Adani group.

The remarks came a day after The Hindu reported that the Tribal Affairs Ministry had communicated to the Power Ministry on August 31 that the FRA “has no provision for obtaining consent of the Gram Sabha for forest clearance”, and that “such matters” do not fall under the Ministry’s purview. The communication was made during deliberations over how Gram Sabha consent had become a “bottleneck” for government projects.

Mr. Ramesh argued that the Ministry’s position contradicts its own earlier guidelines and communications, as well as the procedure currently in place for diverting forest land. He pointed out that the FRA clearly designates the Tribal Affairs Ministry as the nodal Ministry for implementing the law and protecting the rights it guarantees. Attempting to distance itself from this responsibility, he said, would “make a mockery of the law and of the communities it was enacted to protect”.

To support his claim, Mr. Ramesh cited a 2012 communication from the Tribal Affairs Ministry to States, a 2018 dialogue with the Ministry of Environment, Forests and Climate Change, replies given in Parliament by the Environment Ministry, and the government’s own Van Sanrakshan Evam Samvardhan Rules, 2023. These documents, he said, have consistently treated compliance with the FRA and a no-objection certificate from the concerned Gram Sabha as mandatory requirements before forest land can be diverted.

While the FRA itself does not explicitly mention Gram Sabha consent for diversion of forest land, the Union government’s rules under the Forest Conservation Act, 1980 require completing all processes under the FRA before formal diversion is authorised. These processes include identifying potential FRA claimants, recognising and vesting their rights, and obtaining an NOC from the relevant Gram Sabhas. This is what has come to be known as Gram Sabha consent.

Mr. Ramesh also invoked the Supreme Court’s 2013 Niyamgiri judgement, which he said clearly establishes the “central role of Gram Sabhas in decisions affecting forest rights and resources”. He added: “These safeguards are not technicalities. Tribal and forest-dwelling communities have relied on the FRA, 2006 and other protections to defend their jal, jangal, zameen rights.”