BHUBANESWAR: In a major setback to the state government’s ongoing village relocation in Satkosia Tiger Reserve, the Odisha Human Rights Commission (OHRC) has ordered suspension of the programme on grounds of procedural lapses and rights violation.
The Commission has asked the government to form a high-level committee within four weeks to probe the matter along with identification of officers responsible for the lapses. It has recommended departmental and criminal action wherever warranted.
In its February 9 order, OHRC observed that relocation from a core or critical tiger habitat is governed by Section 38V of the Wildlife (Protection) Act, 1972 and the guidelines issued by the National Tiger Conservation Authority (NTCA).
“Such relocation requires strict legal compliance, including habitat assessment, recognition and settlement of individual and community forest rights under the Forest Rights Act (FRA), 2006 and informed consent of the gram sabha and that it must be genuinely voluntary and based on a mutually agreed rehabilitation package,” it underlined.
The Commission, however, stated that in the course of inquiry, it was clearly established that the procedures/protocols prescribed by the NTCA, that are required to be adopted and followed in addition to the benefit as desired by the state government for relocation of villages outside the core and critical tiger habitat were not followed in letter and spirit.
“It has also been found that the relocation process in the present matter suffered from serious procedural infirmities. In several instances, relocation was carried out without prior recognition and settlement of forest rights under the FRA, 2006,” it said.
Gram sabha meetings were either not held or were conducted without proper notice or ensuring the required quorum, and in a hurried manner, casting serious doubt on the validity of consent obtained from the affected communities.
Enumeration of beneficiaries was carried out in a non-transparent manner and the lists were not properly published. The cut-off dates were arbitrarily fixed and objections ignored, resulting in exclusion of eligible persons and inclusion of ineligible persons, it noted.
The Commission also pointed out that compensation and ex gratia payments in several cases were disbursed without fair and scientific valuation of houses, land, tree, livestock and livelihood assets.
The inquiry committee to be formed within four weeks should comprise Forest and Environment, ST and SC Development, Revenue and Law secretaries, and one independent expert having knowledge of wildlife law, Forest Rights Act 2006 and rehabilitation policy. The inquiry shall be completed and a detailed report shall be submitted to the government within six months. Pending submission of the inquiry report, no further relocation, even if described as voluntary, shall be undertaken from any buffer, fringe or ringed out village of the tiger reserve, the Commission underlined.