Devendra Fadnavis, Union tribal affairs minister battle over forest rights

Maharashtra chief minister Devendra Fadnavis has locked horns with Union tribal affairs minister Jual Oram over the issue of forest rights. The Maharashtra government in May 2014 had framed rules which take away rights of tribal communities to collect and sell forest produce, which the Fadnavis government is taking forward. Jual Oram is strongly opposed to this and anything that dilutes the Forest Rights Act (FRA).

Accessing documents through RTI, dna found that Fadnavis with the help of senior BJP leaders, including Nitin Gadkari (Union transport minister) and Ashok Nete (MP) has been putting pressure on Jual Oram to withdraw his objections against the Indian Forest (Maharashtra) (Regulation of Assignment, Management and Cancellation of Village Forests) rules.

According to the rules notified by the Maharashtra government, the forest officials will be the secretaries of the management committees and they will control all proceedings. This, the tribal ministry feels, will undermine the forest rights given to the tribal communities. Maharashtra has more than one crore tribals (10 per cent of the total population) and the new rules are likely to impact their livelihood.

The trail of letters as accessed by dna reveals that the Union tribal affairs ministry wrote to Fadnavis on August 13 that the Maharashtra government's rules are prima facie in violation of the Forest Right Act (FRA) and rules. The tribal ministry had decided to legally examine the issue and keep these rules in abeyance till then.

But the Maharashtra government appears to have used back channels to get these rules passed. dna has obtained a copy of letter dated February 12, 2015, written by Fadnavis to Oram saying: "...Ministry of environment, forest and climate change (MOEF) has examined these rules and vide letter dated August 19, 2014 has informed its views that these rules have been framed under the Indian Forest Act 1927 and are in no way in violation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) rules 2008.''

A top official of the Tribal Affairs ministry requesting anonymity told dna that MOEF has nothing to do with this issue. "The environment ministry is not a tribal ministry. They can't pass judgement over FRA.''
Fadnavis' letter further reads: "...Member of Parliament Shri Ashok Nete, a representative from tribal dominated Gadchiroli district of Maharashtra vide his letter dated 30 August 2014 had opined that these rules will help effectively manage, conserve and protect forests through people's participation by adopting these rules. The letter further says that the government has sought opinion of the advocate general of Maharashtra as well as additional solicitor general of India on the issue.

Apparently, sources say, Nitin Gadkari too had written to Jual Oram requesting him to review his objections. Oram, however, did not concede. Rajan Kshirsagar, an activist in Maharashtra, says: "Maharashtra is the only state where community forest rights under the FRA have been recognised and tribal dominated Gadchiroli district is a perfect example. Villagers have been collecting and selling the forest produce and earning handsome income. But the new rules, if passed, will take away all this.''

The tribal affairs ministry had stayed the new rules since objections were raised that it contravenes the FRA in many ways and gives more powers to the forest department, something the FRA had sought to redress. The CM's letter has been sent to FRA division of the tribal ministry on February 27 for further examination.