Govt, international bodies in conflict over Forest Dwellers Act

The Pioneer, , Tuesday, August 14, 2007
Correspondent : Rahul Noronha
Environment treaties in danger, fear expertsThe Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act seems to have created a situation of conflict between the Government of India and international bodies with which the former is a signatory in treaties pertaining to the environment. International bodies perceive that the Act has the potential to violate the treaties and are in fact exploring the option of moving court on these grounds to stay the implementation of the Act.

The Government of India is a signatory to 31 international conventions pertaining to the environment, wildlife, forests and biodiversity. Parliament has also ratified these treaties. Environmentalists opine that Government of India, which is a signatory to international conventions like CITES, UNFCCC, Tiger Convention, Ramsar Convention, Convention on Biological Diversity and Bonn Convention among others would end up violating the conventions if the Tribal Act is implemented. Moreover, Article 253 of the Constitution provides for implementing international treaties in the country.

For example, CITES or the Convention on International Trade in Endangered Species of Wild Fauna and Flora, drawn up in 1973 to which India too is a signatory prohibits trade in animal or plant merchandise. The Tribal Act on the other hand allows the procurement of 6 plant species bringing the Act in conflict to the international convention. Environmentalists also cite the example of UNFCCC (United Nations Framework Convention on Climate Change) signed in 1992 at the Earth Summit in Rio. As per estimates, if large tracts of forestland are brought under the plough, tilling of land would lead to increase in production of methane making India susceptible to penalties by the international community after 2012.

The conflict between the Act and international conventions has prompted environmentalists to consider taking legal recourse on these grounds. International bodies like CITES or the UNFCCC could move the Supreme Court alleging violation of international treaties. A way out for the Government of India would be to apprise Governing Boards of international bodies about the need to formulate a law that could adversely impact the environment and violate conventions and treaties. The chances of Governing Bodies to accept the contention of the GoI seems unlikely given the fact that the Bodies unlike the GoI are not moved by political considerations.

 
SOURCE : The Pioneer,Tuesday, 14 August 2007
 


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