Green Light for Tribal Growth: MoTA Clarifies Forest Rights Act

The Ministry of Tribal Affairs (MoTA) has issued a clarification stating that wildlife clearance is not automatically required for the construction of essential public infrastructure—including schools, anganwadis, health centres, and roads—on forest land under the Forest Rights Act (FRA), 2006, provided such projects are recommended by the Gram Sabha.

The clarification was outlined in an office memorandum dated July 2, referencing Section 3(2) of the FRA. The section allows for diversion of forest land for community infrastructure projects, even if the land is classified as forest under the Forest (Conservation) Act, 1980, so long as Gram Sabha approval is obtained.

This directive directly addresses and counters a 2020 interpretation by the Ministry of Environment, Forest and Climate Change (MoEF&CC), which had suggested that wildlife clearance was needed even for basic amenities sanctioned under Section 3(2) of the FRA.

MoTA reaffirmed that Section 3(2) is backed by constitutional protections, citing Articles 14, 19(1)(e), and 21, as well as provisions under the Fifth and Sixth Schedules, which safeguard tribal and indigenous community rights.

News by Rahul Yelligetti.