CSD urges govt to drop Gram Sabha consent rule for projects

The Campaign for Survival and Dignity (CSD), a national forest‑rights organisation, has written to the Ministry of Tribal Affairs urging the government to withdraw its recent position that the consent of Gram Sabhas – the elected village assemblies recognised under the Forest Rights Act – should be treated as a prerequisite for the commencement of infrastructure projects on forest land. In a letter dated 3 September, CSD argued that the ministry’s stance effectively stalls development and infringes on the state’s ability to implement public‑interest schemes, while also contravening the constitutional guarantee of equality for tribal communities.The Ministry’s position, first articulated in a circular issued in July, interprets the provisions of the Forest Rights (Allocation of Forest Land) Act 2004 to require that any project involving the diversion of forest land obtain the prior approval of the Gram Sabha. The circular states that such consent “ensures that the rights of forest‑dwelling communities are respected and that benefits from development are equitably shared.” The ministry has since advised all state governments and line ministries to seek documented Gram Sabha approval before issuing any forest‑clearance certificates.CSD, representing dozens of forest‑dependent peoples across central and eastern India, says the circular creates a de‑facto veto power for local bodies that may not have the capacity to evaluate complex project proposals..

“Many Gram Sabhas are ill‑equipped to understand the long‑term implications of large‑scale infrastructure, yet they are being asked to make decisions that could alter their environment forever,” the group’s spokesperson, Anjali Patel, told reporters. Patel added that the requirement “disproportionately delays projects that are essential for regional development, such as road upgrades, renewable‑energy installations and water‑resource management.”The organization further claims that the narrative linking Gram Sabha consent to project delays is part of a broader misinformation campaign aimed at undermining tribal autonomy. In a separate statement, CSD asserted that “the allegation that Gram Sabha consent is holding up government projects is a manufactured story, circulated by interests seeking to dilute the rights of forest communities under the guise of development.” The group warned that such misinformation could be used to justify the rollback of the Forest Rights Act’s safeguards.Government officials, however, maintain that the consent requirement is rooted in constitutional and statutory obligations..

Deputy ary for Tribal Affairs, Rajesh Kumar, responded to CSD’s letter by emphasising that the Forest Rights Act was enacted to correct historic injustices faced by forest‑dwelling peoples. “The Act recognises the collective rights of Gram Sabhas over forest land. Any development that impacts those rights must involve the community in a meaningful way,” Kumar said..

He added that the ministry is prepared to issue detailed guidelines to assist Gram Sabhas in evaluating proposals, including capacity‑building workshops and access to independent technical expertise.Legal scholars note that the tension between development imperatives and tribal rights is not new. Professor Meera Nair of the National Law University, Bangalore, explained that the Supreme Court, in the landmark 2013 Samatha v. State of Andhra Pradesh judgment, affirmed that Gram Sabha consent is “a condition precedent” for any forest‑land diversion, but also cautioned that the process must be “transparent, informed and free from coercion.” Nair said that while the ministry’s circular aligns with judicial precedent, it raises practical questions about implementation: “The law expects a robust participatory process, yet many Gram Sabhas lack the institutional support to fulfil that role effectively.”State governments have already begun to feel the impact of the new policy..

In Madhya Pradesh, the Department of Water Resources halted a proposed inter‑state dam project after the Gram Sabha of a forest‑adjacent village refused to endorse the plan, citing concerns over displacement and loss of livelihood. The delay, officials say, has pushed the project’s timeline back by an estimated twelve months and increased costs by over ₹150 crore. Conversely, in Odisha, a renewable‑energy consortium successfully secured Gram Sabha approval for a 150‑megawatt solar farm after conducting a series of community meetings, illustrating that consent can be obtained when adequate outreach is provided.Critics of the ministry’s approach argue that the policy may set a precedent for further legal entanglements..

The Centre for Policy Research’s urban‑rural think‑tank warned that “if every minor infrastructure initiative is subject to Gram Sabha approval, the cumulative effect could be a paralysis of development at the grassroots level.” The think‑tank recommends a tiered consent model, where projects of national strategic importance undergo expedited review while still ensuring minimal safeguards for tribal rights.The Ministry of Tribal Affairs has indicated that it will review CSD’s concerns in a meeting scheduled for early October, where representatives from the ministry, the Ministry of Environment, Forest and Climate Change, and various state agencies will discuss possible amendments to the circular. Sources familiar with the deliberations suggest that the government may consider introducing a “fast‑track” mechanism for projects deemed critical, while preserving the core principle of Gram Sabha participation.As the debate unfolds, forest‑dependent communities remain wary of any dilution of their rights. “Our forests are not just resources; they are our culture, our identity,” said Patel, reiterating CSD’s call for a balanced approach that safeguards tribal autonomy without impeding essential development..

The outcome of the ministry’s review will likely shape the future interaction between India’s development agenda and the constitutional guarantees enshrined for its indigenous populations..