No proof that the Forest Rights Act hinders developmental Projects: Ministry of Tribal Affairs

The Ministry of Tribal Affairs has taken strong exception to the move of the Ministry of Environment and Forests (MoEF) to dilute the provisions of Forest Rights Act (FRA). The latter has claimed that the provisions of Forest Rights Act delays clearance of the developmental and infrastructure projects.

 The MoEF has issued a circular that provides power to the district Collector to decide whether there is any need to implement FRA in an area, while the law actually confers these powers with the gram sabha.

In a letter written by Dr. Hrushikesh Panda to his Counterpart in the MoEF, he said that the move abrogates the law of the land and also such moves are not desirable in the interest of peace and governance in forest areas. This order conveys a message that, the government is against fair implementation of FRA. 

According to Dr. Panda, the Act does not provide any scope either to the Executive agencies or to the respective ministries for any kind of relaxation of the provisions of Forest Rights Act. 

The two page letter says that, there is no evidence that the procedures under the Forest Rights Act (FRA) delays projects. If there has been any hindrance because of the process provided in FRA as claimed by the MOEF it should be brought to the notice of Tribal affairs ministry, which is the nodal ministry to FRA. 

“The FRA process is initiated in the village and culminates with the District Committee headed by the District Collector. If there has been any study or evidence on delay of projects because of the processes of FRA, this should be brought to the notice of the Ministry of Tribal Affairs,” it said.

The stand taken by the MoEF provides evidence of how the NDA government is finalising the dilution of tribal rights over forest land and do away with the condition that Grama Sabhas should give consent for projects. 

Approximately 60 million people had been displaced because of these developmental projects between 1947 and 2000. The Act has been enacted in order to redress the historical injustices caused to the tribals over the decades. The move by the MoEF to dilute the provisions of the Forest Rights Act, it is feared, would result in injustice to the tribals and jeopardize their existence.

  

Bombay High Court upholds life imprisonment awarded to youth for killing prostitute

The Bombay High Court has upheld the life sentence awarded by the Sessions Court to a 21-year-old youth for stabbing to death a prostitute, who refused to marry him, in the year 2009.

Bombay High Court

A Division Bench of the Bombay High Court comprising of Justices VK Tahilramani and Anil Menon recently dismissed an appeal filed by the convict, Anant alias Rakesh Ratan Let, against the judgment of the Sessions Court order convicting him for the murder of a prostitute by name Zarina, and sentencing him to life imprisonment on that count. The Sessions Court had also sentenced him to one year’s imprisonment for causing injuries to one Reshma, also engaged in prostitution. The Sessions Court had directed that the sentences were to run concurrently. 

While dismissing his appeal, the Bombay High Court observed: "We are of the opinion that there is sufficient evidence to prove beyond reasonable doubt that the appellant committed murder of Zarina by assaulting her with a knife and in the course of the incident, injuries were also inflicted on Reshma, also engaged in prostitution, who tried to save the victim."

The finding of the Sessions Court on the charge of causing injuries to Reshma by the convict was also upheld by the Bombay High Court. 

"Finding of the blood group of the deceased (Zarina) on the clothes of the appellant (shirt, pant and underwear) is a strong incriminating factor against the appellant," the Bench said. 

Besides, the accused was found to have sustained a deep cut injury on his left thumb. "This is sufficient to prove that he had been involved in the attack on Zarina and Reshma," said the Court.

Reshma and her neighbour had identified Anant as the person who had stabbed Zarina. Reshma had seen him attacking Zarina after the latter shouted for help while the other witness, who stayed in the neighbourhood, had heard Zarina's cries for help, the Bench noted.

The assailant was overpowered by people after Reshma grappled with him at a residence in Grant Road where they were engaged in prostitution.