Lok Sabha passes the Forest (Conservation) Amendment Bill 2023 (GS Paper 3, Environment)
Why in news?
- Recently, Lok Sabha passed the Forest (Conservation) Amendment Bill 2023.
Forest (Conservation) Act, 1980:
- The Forest (Conservation) Act, 1980, provides that the de-reservation of reserved forests, use of forest land for non-forest purpose, assigning forest land by way of lease or otherwise to private entity and clearing of naturally grown trees for the purpose of reafforestation requires prior permission of the Central Government.
- The applicability of the act in various types of lands has been dynamic i.e. initially provisions of the Act were being applied to the notified forest land only.
- Subsequently, after the Judgement in 1996, the Act was made applicable to revenue forest land or in lands which were recorded as forest in government records and to areas which look like forest in their dictionary meaning.
Why an amendment was required?
- It has been observed that due to apprehensions that plantations on the lands of individuals and organisations can attract the FCA, the afforestation and plantation of trees outside forests is not getting desired impetus, which in turn is becoming a hindrance in enhancing green cover to fulfil the Nationally Determined Contribution targets of creating additional carbon sink of 2.5 to 3.0 billion tons of CO2 equivalent.
- Besides this, the strategic and security related projects of national importance need to be fast-tracked to ensure development of vital security infrastructures, especially along the international border areas such as Line of Actual Control (LAC), Line of Control (LoC), as also in the notified LWE areas.
- Similarly, small establishments, habitations on the side of roads/railways also need to be facilitated by providing them access and connectivity to main arterial roads and other public utilities.
- Therefore, to achieve the country’s national as well as international commitments of NDCs, carbon neutrality, eliminate the ambiguities and bring clarity about the applicability of the Act in various lands, promoting the plantation in non-forest land, enhancing the productivity of the forests, amendment has been proposed in the Act and the Forest (Conservation) Amendment Bill, 2023 has been moved by the Central Government.
Key Highlights:
Preamble:
- The amendments passed by the Lok Sabha include insertion of a Preamble to broaden the scope of the Act, changing the name of the Act as Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 so as to ensure that potential of its provisions is reflected in its name, clarifying the scope of applicability of the Act in various lands to eliminate ambiguities.
Exemptions:
- In addition to these amendment, certain exemptions, as proposed in the Bill, have also been passed by the Lok Sabha which include
- exemption of strategic projects concerning national security located within 100 km of distance from the International Borders, Line of Actual Control, Line of Control,
- 0.10 ha of forest land proposed to be provide connectivity to habitation and establishments located on the side of roads and railways,
- up to 10 ha of land proposed for security related infrastructure and up to 5 ha of forest land in Left Wing Extremism Affected Districts for public utility projects.
- All these exemptions considered in the Bill will be subject to such terms and conditions, including compensatory afforestation, mitigation Plans, etc., as will be specified by the Central Government.
Other provisions:
- To bring uniformity, existing provisions of the Principal Act relating to assignment of forest land on lease to private entities has been extended to Government companies as well.
- The Bill also added new activities viz. infrastructure for frontline forest staff, ecotourism, zoo and safari into the array of forestry activities for the cause of conservation of forests.
- Surveys and investigation in the forest areas will not be considered as a non-forestry activity in view of the fact that such activities are temporary in nature and involve no perceptible change in the land use.
- The Section 6 of the Bill empowering the Central Government to issue directions for the proper implementation of the Act, has also been passed by the Lok Sabha.
Tourism:
- Activities like establishment of Zoo and Safaris, etc. will be owned by Government and will be set up as per the Plan approved by the Central Zoo Authority outside the Protected Areas.
- Similarly, ecotourism, as per approved Working Plan or Wildlife Management Plan or Tiger Conservation Plan will be taken up in the forest areas.
- Such facilities, besides sensitizing and generating awareness about the importance of protection and conservation of forest land and wildlife, will also add to the livelihood sources of local communities and thereby providing them opportunities to connect with the mainstream of development.
Way Forward:
- These amendments will act as a milestone in the enhancement of the productivity of forests, raising plantations outside forests and strengthening the regulatory mechanism besides catering to the livelihood aspirations of the local communities.
Pradhan Mantri Vanbandhu KalyanYojana (PMVKY)’ approved for implementation during 2021-22 to 2025-26
(GS Paper 2, Social Justice)
Why in news?
- Ministry of Tribal Affairs is implementing ‘Pradhan Mantri Vanbandhu KalyanYojana (PMVKY)’ which includes many schemes for development and welfare of tribal communities.
- The scheme has been approved for implementation during 2021-22 to 2025-26 with a total cost of Rs. 26135.46 crores.
- The PMVKY is aimed at holistic development of tribal communities and tribal areas across the country focussing on integrated development of villages and capacity building through interventions in education and livelihood in convergence with State and Central TSP funds.
Scheme components covered under the PMVKY are as follows:
- Pradhan Mantri Adi Adarsh Gram Yojna (PMAAGY)
- Development of Particularly Vulnerable Tribal Groups (PVTGs)
- Support to Tribal Research Institutes
- Pre-Matric Scholarship
- Post-Matric Scholarship Scheme
Pradhan Mantri Adi Adarsh Gram Youjana (PMAAGY):
- The scheme of ‘Special Central Assistance to Tribal Sub- Plan (SCA to TSP)’ was being implemented by the Ministry of Tribal Affairs since 1977-78. After amalgamation of Plan and Non-Plan, the scheme was known as ‘Special Central Assistance to Tribal Sub-Scheme (SCA to TSS)’ since 2017.
- Under SCA to TSS, funds were provided to the State Governments for various projects in sectors like education, health, agriculture, skill development, employment-cum-income generation, etc.
- To further and improve basic services and facilities in villages with significant tribal population, it has been decided to revamp SCA to TSS into ‘Pradhan Mantri Adi Adarsh Gram Yojana (PMAAGY)’ for integrated development of villages in an outcome-oriented and time- bound manner during the years 2021-22 to 2025-26.
- Under the Scheme, 36,428 villages having at least 50% tribal population and 500 STs across States /UTs with notified STs have been identified for undertaking development programmes / activities through convergence approach to bridge gaps prominently in 8 sectors of development viz. Road connectivity (Internal and Inter village /block), Telecom connectivity (Mobile /internet), School, Anganwadi Centres, Health Sub-Centre, Drinking water facility, Drainage and solid waste management.
Development of Particularly Vulnerable Tribes (PVTGs):
- The Scheme of Development of PVTGs aims at planning for their socio-economic development in a comprehensive manner while retaining the culture and heritage of the communities by adopting habitat level development approach.
- Under this scheme, financial assistance is provided to the State/UT Governments based on their proposals for development of tribal people in the important sectors of development such as education, housing, livelihood health etc.
- Under the schemes Development of PVTGs funds are provided to the State governments / UTs to carry out various development activities based on their proposal.
- Government in Budget 2023-24 has made announcement of Pradhan Mantri PVTG Development (PM-PVTG) Mission.
- The mission is aimed to improve socio-economic conditions of the Particularly Vulnerable Tribal Groups (PVTGs) by saturating PVTG families and habitations with basic facilities such as safe housing, clean drinking water and sanitation, improved access to education, health and nutrition, road and telecom connectivity, and sustainable livelihood opportunities.
Support to Tribal Research Institute (TRI):
- Under the schemes Support to TRIs funds are provided to the State governments / UTs research, documentation etc. based on their proposal.
Pre-Matric Scholarship:
- It is a Centrally Sponsored Scheme implemented through respective State/UT administrations.
- This is an open-ended Scheme covering all ST students studying in Std. IXth & Xth, whose parental annual income is up to Rs. 2.50 lakhs.
- The contribution from Government of India is 75% and the state contribution is 25%. In respect of North East states and hilly states, the contribution from Government of India is 90% and the state contribution is 10%.
- In case of UTs like Andaman & Nicobar without Legislative Assembly and own grants, Govt. of India’s contribution is 100%.
Post Matric Scholarship:
- It is a Centrally Sponsored Scheme implemented through respective Ste/UT administrations.
- This is an open-ended Scheme covering all ST students studying in in class XI and above, whose parental annual income is up to Rs. 2.50 lakhs.
- The contribution from Government of India is 75% and the state contribution is 25%. In respect of North East states and hilly states, the contribution from Government of India is 90% and the state contribution is 10%. In case of UTs like Andaman & Nicobar without Legislative Assembly and own grants, Govt. of India’s contribution is 100%.
Eklavya Model Residential Schools (EMRS):
- It is a central sector scheme introduced in the year 1997-98 to provide quality education to Scheduled Tribes (ST) students (Class 6th to 12th) in remote areas to enable them to access the best opportunities in education and to bring them at par with the general population.
- Realizing the importance of the EMRS, in the Union Budget of 2018-19, Government announced that every block with 50% or more ST population and at least 20,000 tribal persons, is to have an EMRS.
- Accordingly, the target of establishing 740 EMRSs across the country has been set up.
Grants under Proviso to Article 275(1) of the Constitution:
- Ministry of Tribal Affairs also provides funds to the State Governments under Grants under Proviso to Article 275(1) of the Constitution.
- It is a 100% grant from Government of India. Funding under this programme is to enable the State to meet the cost of such schemes of development as may be undertaken by the State for the purpose of promoting the welfare of Scheduled Tribes in that State for raising the level of administration of Scheduled Areas therein to that of the administration of the rest of the areas of that State.
- Government has adopted a multi-pronged strategy for overall development of tribal people across the country, which includes various sectors viz. (i) Education (ii) Health (iii) Agriculture, Horticulture, Animal Husbandry (AH), Fisheries, Dairy & others in Primary Sector (iv) Other income generating schemes to augment Tribal household economy and (v) Administrative structure / Institutional framework & Research studies.
‘Pradhan Mantri Janjatiya Vikas Mission (PMJVM)’:
- The scheme ‘Pradhan Mantri JanjatiyaVikas Mission (PMJVM)’ has been approved with a total financial outlay of Rs. 1612.27 crore for implementation during the financial years 2021-22 to 2025-26.
- PMJVM has been redesigned through the merger and extension of two existing schemes for promotion of tribal livelihood, i.e., “Mechanism for Marketing of Minor Forest Produce (MFP) through Minimum Support Price (MSP) and Development of Value Chain for MFP” and “Institutional Support for Development and Marketing of Tribal Products / Produce”.
- Tribal Cooperative Marketing Development Federation of India (TRIFED) is the nodal agency for implementation of the Scheme.
- PMJVM envisions to strengthen tribal entrepreneurship initiatives and to facilitate livelihood opportunities by promoting more efficient, equitable, self-managed, optimum use of natural resources, Agri / NTFP / Non-farm enterprises.
Development Action Plan for Scheduled Tribes (DAPST):
- Apart from above, Development Action Plan for Scheduled Tribes (DAPST) continues to be the dedicated source of fund for tribal development. During the year the budgetary support to DAPST has been increased from Rs. 87584.66 crore to Rs. 117943.73 crore i.e. about 35%.
- The DAPST is a multi-pronged strategy which includes support for education, health, sanitation, water supply, livelihood etc.
- Besides Ministry of Tribal Affairs (MoTA), 41 Ministries / Departments are allocating certain percentage of their total scheme budget every year for tribal development under DAPST for various tribal development projects.
Why no-trust vote matters
(GS Paper 2, Polity and Constitution)
Why in news?
- Lok Sabha Speaker recently admitted a motion of no-confidence against the government moved by Congress Deputy Leader in Lok Sabha Gaurav Gogoi after a headcount of 50 MPs required under the rules.
- The motion has been supported by constituents of the opposition INDIA alliance and the Bharat Rashtra Samithi.
Why has the opposition brought the motion of no-confidence?
- Since the beginning of the Monsoon Session, opposition parties have been demanding that Prime Minister make a statement in Parliament on the violent situation in Manipur.
- The Constitution specifies that the Prime Minister is the head of the Council of Ministers. Therefore, the PM responds to the debate whenever MPs discuss a no-confidence motion in Lok Sabha. The opposition parties’ move requires the PM to reply to the charges they bring during the discussion.
- Parliament records show that during the term of the current Lok Sabha, which started in 2019, Prime Minister Modi has participated in seven debates.
- Five of these interventions came when he replied to the yearly debate on the Motion of Thanks to the President’s Address. The other two occasions were (i) for informing the House about the setting up of the Sri Ram Janmabhoomi Teerth Kshetra Trust in February 2020, and (ii) his speech felicitating the newly elected Speaker, Om Birla, in 2019.
What is the purpose of a no-confidence motion against the government?
- In India’s cabinet form of government, the Council of Ministers is collectively responsible to Lok Sabha. The rules of Lok Sabha provide the mechanism of a no-confidence motion to test whether the Council of Ministers continues to enjoy the confidence of the House.
- Twenty-seven no-confidence motions have been moved so far. None of these motions, including the one against the first Modi government in 2018, has been successful. The present government has a large majority in Lok Sabha, and the current motion of no-confidence is likely to be negatived as well.
- In 1979, Prime Minister Morarji Desai realised that he did not have the support of the majority of MPs, and therefore resigned before the House voted on the motion.
Given the history of failure, why do oppositions still bring these motions?
- Opposition parties have continued to press the no-confidence motion essentially to hold the government accountable.
- In 1963, J B Kripalani moved the first no-confidence motion in Lok Sabha even though the government of Prime Minister Jawaharlal Nehru had a comfortable majority.
- It is this principle of holding the government responsible to Lok Sabha that led to the opposition initiating 12 no-confidence motions against Indira Gandhi when she was Prime Minister between 1966 and 1975.
- The debate on a no-confidence motion is also wide-ranging. Participating MPs raise both national and state issues during this debate.
When will the debate on the current no-confidence motion start?
- The rules of procedure of Lok Sabha specify that after the no-confidence motion is admitted, the Speaker shall specify the date on which the debate will begin. This date should be within 10 days from the date the motion was accepted in the House.
- Since 1987, there have been six no-confidence motions. On four occasions, the debate started on the same date as the motion was admitted.
- The longest it has taken to hold the debate has been six days, in 1992, when the government of Prime Minister P V Narasimha Rao faced its first no-confidence motion. The 2018 no-confidence motion was admitted on July 18, and the discussion began on July 20.
