WCD Ministry Holds National Consultations to Prevent Child Marriage

National Consultation with State Governments, NGOs on prevention of Child Marriage, in New Delhi on May 25, 2012.

EQUALITY INDIA NEWS IS NATIONAL LEGAL RESEARCH DESK & SHAKTI VAHINI LEGAL RESEARCH INITIATIVE

Representatives from States, UN Bodies, NGOs, Experts Attend

The Ministry of Women and Child Development today held national consultations with States, NGOs, UNICEF and various experts to prevent child marriage. Smt. Neela Ganagadharan, Secretary, Ministry of Women and Child Development presided over the meeting. The purpose of holding the national consultations with various States, NGOs, experts and UN bodies was to collectively deliberate on this issue such that collective wisdom emerging from the deliberations can inform formulation of a holistic policy and national strategy in this regard.

In her inaugural address the Chairperson outlined the various dimensions of the issue. She stated that child marriage seriously impedes the development of the children, although it impacts the girl child with a stronger incidence and intensity. It hampers her physical, mental, emotional and psychological development, the Secretary stated. It limits the child’s freedom to decision making, access to education, life skills and therefore to better opportunities in life, growth and empowerment. The girl children become especially vulnerable to domestic violence, early widowhood, trafficking and other forms of abuse.

The Chairperson informed the gathering that according to the Sample Registration System (SRS) findings of the Registrar General of India, the mean age for marriage of girls in the country has improved from 19.3 years in 1990 to 21.0 years in 2010. However, she also noted that as per the National Family Health Survey, 2005-06, 47.3% of all young women aged 20-24 are married by age 18, while 16% of men of age 20-49 are married by age 18 and 28% by age 20. The incidence of child marriage in rural areas is alarming as it stands at 52% when compared to urban average of 28%. These numbers are shown to be particularly high in states such as West Bengal, Bihar, UP, MP, Rajasthan, Chattisgarh and Jharkhand.

While this issue is steeped in several multi-dimensional social, economic, cultural, community related aspects which make the prevention of child marriages a challenge for the various government, several legislative and programmatic frameworks have been designed to prevent child marriages. Their implementation however needs further strengthening, the Secretary pointed out. The need is therefore to collectively design a multi-sectoral national strategy in this regard, she emphasized.

Elaborating on the initiatives taken by the WCD Ministry, the Secretary said that the Government has declared 24 January as the ‘National Girl Child Day’. Moreover, the SABLA scheme of the Ministry is being implemented in 200 districts in the country on a pilot basis. It aimed at empowering the adolescent girl child, improving their nutritional and health status and providing them various life skills. The other schemes like the Kasturba Gandhi Balika Vidyalaya, the National programme for education of Girls at Elementary Level has significant components which contribute to preventing child marriages by way of empowering girl child. There was however a need for the change in the mindset of the society which largely perceives the girl child to be a burden on the families due to the poor socio-economic status of many rural families. An enhanced role of the civil society organizations in creating awareness by way of community mobilisation is thus highlighted. The Secretary, WCD, also mentioned that the Protection of Children from Sexual Offences Bill 2012 has provisions which will deter child marriages.

The following issues and dimensions of the issue were discussed and deliberated upon during the day-long meeting: the low rate of registration of child marriages possibly due the prevailing norm in various communities where this is an acceptable; lack of substantial evidence in many cases arguably due to the support of the families and communities; the difficulty faced by the state enforcement officials and the NGOs to prevent child marriage due to several reasons; impediments in prosecuting the families due to their consent; extreme low rate of registration of cases and almost negligible cases of punishments; huge gap between reported statistics of child marriage in the country and the rate of registration of child marriages with NCRB due to all these reasons; lack of congruence among the extant laws and acts; poor deterrent measures and weak implementation of these measures; need for reconciliation between customary laws and the Prevention of Child Marriage Act 2006, and need for declaration of primacy of the specific act; need for making registration of the marriage compulsory which will act as a deterrent; prescription of minimum punishment under the PCMA 2006 (presently it contains the maximum term of punishment). The presenters discussed that in many rural areas the lack of alternative schooling when formal secondary school facilities are unavailable has contributed to higher incidence of child marriage. Moreover, lack of drinking water and proper toilets for girls has also been found to prevent girls from enrolling in schools due to which they become vulnerable to early marriage between the 14-18 age group. The members highlighted the crucial role the NGOs can play in this area by supplementing the efforts of the state agencies. Moreover, empowering of girls through information, life skills provision and more importantly legal awareness inbuilt within the education system was also very important. Increasing accessibility of girls to schools particularly at Secondary level and providing incentives for the same was also necessary.

Senior officers from Ministry of Health, Department of School Education and Literacy, and Department of Higher Education made presentations highlighting the initiatives taken by their departments to address the issue of child marriage. Representatives from States such as Assam, West Bengal, Jharkhand, Chattisgarh, Madhya Pradesh, Bihar, Gujarat, Rajasthan, Andhra Pradesh, Tamil Nadu, Haryana, Odisha, and Karnataka made presentations providing overview of the initiatives taken by them to prevent and prohibit child marriages.

Senior officers from the WCD Ministry like Sh. Sudhir Kumar, Special Secretary; Smt. Aditi Ray, Sr. Economic Advisor; Sh. Vivek Joshi, JS; and Dr. Shreeranjan, JS were present during the consultations. Members of several NGOs working in the sphere of prevention of child marriage also attended the meeting

The Protection of Children from Sexual Offences Act, 2012 passed – Children in India get a new Law

The Protection of Children from Sexual Offences Act, 2012, has been passed by the Lok Sabha today, 22^nd May, 2012. The Bill was earlier passed by the Rajya Sabha on 10^th May, 2012.

The Protection of Children from Sexual Offences Act, 2012 has been drafted to strengthen the legal provisions for the protection of children from sexual abuse and exploitation. For the first time, a special law has been passed to address the issue of sexual offences against children.

 Sexual offences are currently covered under different sections of IPC. The IPC does not provide for all types of sexual offences against children and, more importantly, does not distinguish between adult and child victims.

 The Protection of Children from Sexual Offences Act, 2012 defines a child as any person below the age of 18 years and provides protection to all children under the age of 18 years from the offences of sexual assault, sexual harassment and pornography. These offences have been clearly defined for the first time in law. The Act provides for stringent punishments, which have been graded as per the gravity of the offence. The punishments range from simple to rigorous imprisonment of varying periods. There is also provision for fine, which is to be decided by the Court.

An offence is treated as “aggravated” when committed by a person in a position of trust or authority of child such as a member of security forces, police officer, public servant, etc.

 Punishments for Offences covered in the Act are:

1. Penetrative Sexual Assault (Section 3) –  Not less than seven years which may extend to imprisonment for life, and fine (Section 4)
2.  Aggravated Penetrative Sexual Assault (Section 5) –­ Not less than ten years which may extend to imprisonment for life, and fine (Section 6)
3. Sexual Assault (Section 7) – Not less than three years which may extend to five years, and fine  (Section 8 )
4. Aggravated Sexual Assault (Section 9) – Not less than five years which may extend to seven years, and fine (Section 10)
5. Sexual Harassment of the Child (Section 11) – Three years and fine (Section 12)
6. Use of Child for Pornographic Purposes (Section 13) –  Five years and fine and in the event of subsequent conviction, seven years and fine (Section 14 (1))

The Act provides for the establishment of Special Courts for trial of offences under the Act, keeping the best interest of the child as of paramount importance at every stage of the judicial process. The Act incorporates child friendly procedures for reporting, recording of evidence, investigation and trial of offences. These include:

1. Recording the statement of the child at the residence of the child or at the place of his choice, preferably by a woman police officer not below the rank of sub-inspector
2. No child to be detained in the police station in the night for any reason.
3. Police officer to not be in uniform while recording the statement of the child
4. The statement of the child to be recorded as spoken by the child
5. Assistance of an interpreter or translator or an expert as per the need of the child
6. Assistance of special educator or any person familiar with the manner of communication  of the child in case child is disabled
7. Medical examination of the child to be conducted in the presence of the parent of the child or any other person in whom the child has trust or confidence.
8. In case the victim is a girl child, the medical examination shall be conducted by a woman doctor.
9. Frequent breaks for the child during trial
10. Child not to be called repeatedly to testify
11. No aggressive questioning or character assassination of the child
12. In-camera trial of cases

The Act recognizes that the intent to commit an offence, even when unsuccessful for whatever reason, needs to be penalized. The attempt to commit an offence under the Act has been made liable for punishment for upto half the punishment prescribed for the commission of the offence. The Act also provides for punishment for abetment of the offence, which is the same as for the commission of the offence. This would cover trafficking of children for sexual purposes.

For the more heinous offences of Penetrative Sexual Assault, Aggravated Penetrative Sexual Assault, Sexual Assault and Aggravated Sexual Assault, the burden of proof is shifted on the accused. This provision has been made keeping in view the greater vulnerability and innocence of children. At the same time, to prevent misuse of the law, punishment has been provided for making false complaint or proving false information with malicious intent. Such punishment has been kept relatively light (six months) to encourage reporting. If false complaint is made against a child, punishment is higher (one year).

The media has been barred from disclosing the identity of the child without the permission of the Special Court. The punishment for breaching this provision by media may be from six months to one year.

For speedy trial, the Act provides for the evidence of the child to be recorded within a period of 30 days. Also, the Special Court is to complete the trial within a period of one year, as far as possible.

To provide for relief and rehabilitation of the child, as soon as the complaint is made to the Special Juvenile Police Unit (SJPU) or local police, these will make immediate arrangements to give the child, care and protection such as admitting the child into shelter home or to the nearest hospital within twenty-four hours of the report. The SJPU or the local police are also required to report the matter to the Child Welfare Committee within 24 hours of recording the complaint, for long term rehabilitation of the child.

The Act casts a duty on the Central and State Governments to spread awareness through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act.

The National Commission for the Protection of Child Rights (NCPCR) and State Commissions for the Protection of Child Rights (SCPCRs) have been made the designated authority to monitor the implementation of the Act.

1.  SCR summary-Protection of Children from Sexual Offences Bill
2. SCR Protection of Children from Sexual Offences Bill 2011
3. Children  sexual offences
4. Bill Summary – The Protection of children from sexual harassment Bill, 2011

Ministry of Home Affairs Issues Advisory on preventing and combating human trafficking in India – dealing with foreign nationals

MOST IMMEDIATE
No. 14051/14/2011-F.VI
Government of India
Ministry of Home Affairs
(Foreigners Division)
Dated 1^st May, 2012

OFFICE MEMORANDUM

Sub:  Advisory on preventing and combating human trafficking in India – dealing with foreign nationals.

The undersigned is directed to refer to this Ministry’s Office Memorandum No. 15011/6/2009-ATC (Advisory) dated 09.09.2009 on the above mentioned subject (copy enclosed). It has come to the notice of this Ministry that foreign nationals are associated in some instances of human trafficking among women and children.

2. Further to the detailed procedure outlined in the above mentioned Office Memorandum, it has been decided with the approval of the competent authority that in cases of foreign nationals who are apprehended in connection with human trafficking, the State Governments / UT Administrations may follow the following procedure : -

 (i) Immediately after a foreign national is apprehended on charges of human trafficking, a detailed interrogation/investigation should be carried out to ascertain whether the person concerned is a victim or a trafficker.

(ii) The victims and the persons actually involved in human trafficking should be treated differently by the police authorities. This is in line with the SAARC Convention which advocates a victim-centric approach.

(iii)  Missions/Posts in India may be informed of the arrest/detention of the foreign national by the concerned state or other authorities through CPV division in the Ministry of External Affairs(MEA) or the concerned territorial Division in MEA.

 (iv)  It is seen that in general, the foreign victims of human trafficking are found without valid passport or visa. If, after investigation, the woman or child is found to be a victim, she should not be prosecuted under the Foreigners Act. If the investigation reveals that she did not come to India or did not indulge in crime out of  her own free will, the State Government / UT Administration may not file a charge sheet against the victim.  If the chargesheet has already been filed under the Foreigners Act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned.  Immediate action may be taken to furnish the details of such victims to the Ministry of External Affairs (Consular Division), Patiala House, New Delhi so as to ensure that the person concerned is repatriated to the country of her origin through diplomatic channels.

(v)     During the interim period, pending repatriation, the victim may be taken care of in an appropriate children’s home, or “Ujjawala” home or appropriate shelter home either of the State Government concerned or of any NGO aided by the Government of India / State Government.

(vi)    If the investigation reveals that the person is actually a trafficker, he/she may be charge-sheeted under the Immoral Trafficking Prevention Act and the Foreigners Act and due process of law should be followed in such cases.

 (vii)    In order to ensure better conviction rates of perpetrators of the crime of trafficking, prosecution should be based on documentary, forensic and material evidence.  State Governments are advised to encourage the law enforcement agencies to investigate the cases in a manner that they are able to build fool proof cases against the traffickers, so that convictions can be guaranteed.  Use of fast-track courts and video conferencing to the extent possible also need to be ensured.  Please refer to para 7 of the enclosed Advisory dated 9.9.2009.

3.      All other instructions contained in this Ministry’s Advisory dated 09.09.2009 including reporting to the Anti Human Trafficking Nodal Cell in MHA will be applicable in the case of foreign nationals associated with human trafficking, whether they are women or children(children means both boys and girls upto 18 years of age).

4.      You are requested to issue suitable directions to all concerned under intimation to this Ministry.

5.      The receipt of this Office Memorandum may kindly be acknowledged.

(G.V.V. Sarma)
Joint Secretary to the Govt. of India

To
The Chief Secretaries/Principal Secretaries/ Secretary (Home) of all State Governments and Union Territory Administrations.
Copy for information and necessary action to:-
(i)  The DGs / IGs (In-charge of Prisons) /- All State Governments/ UTs
(ii)  Sri Sandeep Goel, Joint Commissioner(Crime), 3^rd Floor, Police Station Kamla Market, Delhi.
(iii)  Ministry of Women and Child Development(Smt. Aditi Ray, Senior Economic Advisor), Shastri Bhavan, New Delhi.
(iv)  Secretary, Ministry of Labour, Shram Shakti Bhavan, New Delhi
(v)   Secretary, Ministry of Social Justice & Empowerment, Shastri Bhavan, New Delhi.
(vi)  Secretary, Ministry of Overseas Indian Affairs, Akbar Bhavan, New Delhi.
(vii)  Ministry of External Affairs:
(a) Addl. Secretary(PV)     (b) JS(Consular)          (c)  JS(BSM)
(viii) Chairperson, National Commission for Women, 4, Deen Dayal Upadhyaya Marg, New Delhi.
(ix)  Chairperson, National Commission for Protection of Child Rights, 5^th Floor, Chandralok Building, Janpath, New Delhi.
(x)  Chairperson, National Human Rights Commission, Copernicus Marg, New Delhi.
(xi)  Director General, NCRB, R.K.Puram, New Delhi.
(xii)  Director General, BPR&D, New Delhi.
(xiii) Director General, Border Security Force, New Delhi.
(xiv)  Director, CBI, New Delhi..
(xv)   AS(CS) / JS(CS) / JS(UT) / JS(NE) / JS(K), MHA, North Block, New Delhi.

(G.V.V. Sarma)
Joint Secretary to the Govt. of India

Violation of Child Labour Act

Reblogged from HUMAN TRAFFICKING INDIA:

Wasim, a child labourer, works at a tea stall in Indore, India. His work is to serve tea/coffee and wash glasses and other utensils.He received daily pay. He is able to read and write, having attended school in the past. (Photo credit: Wikipedia)

HUMAN TRAFFICKING INDIA IS A SHAKTI VAHINI – NATIONAL LEGAL RESEARCH  DESK INITIATIVE

The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the…

Read more… 376 more words

Industries where Employing Child Labour is banned

EQUALITY INDIA NEWS IS A SHAKTI VAHINI INITIATIVE

The Union Labour & Employment Minister Shri Mallikarjun Kharge has informed the Rajya Sabha  that the Government of India has banned employment of children below 14 years for dhabas and domestic work. As per 2001 census, the total number of working children between the age group 5-14 years in the country was 1.26 crore out of which 12 lakh children were working in hazardous occupations and processes including domestic workers, Dhabas/Restaurants etc. However, as per NSSO survey 2009-10, the working children are estimated at 49.84 lakh which shows declining trend. The details of the industries where employment of children as per the Child Labour (Prohibition & Regulation) Act, 1986 is prohibited is at Annexure-I. States/UT Governments are appropriate Government for implementation of the Child Labour(Prohibition & Regulation) Act, 1986 in the areas comes under their jurisdiction. Under Section 3 of the Child Labour (Prohibition & Regulation) Act, 1986, prohibits the employment of children below the age of 14 years in 18 Occupations and 65 Processes. Any person who employs a child in any occupation or process where employment of children is prohibited under the Child Labour (Prohibition & Regulation) Act, is liable for punishment with imprisonment for term which shall not be less than 3 months but which may extend to one year or with fine ranging from Rs.10,000/- to Rs.20,000/-. ANNEXURE-I List of Occupations & Processes prohibited under the Act. Part A Occupations (Non Industrial Activity) Any occupation concerned with: - (1)  Transport of passengers, goods or mails by railways; (2)   Cinder picking, clearing of an ash pit or building operation in the railway          premises; (3)   Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train; (4)  Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; (5)  A port authority within the limits of any port; (6)    Work relating to selling of crackers and fireworks in shops with temporary licenses; (7)    Abattoirs/Slaughter House; (8)    Automobile workshops and garages; (9)    Foundries; (10)   Handling of toxic or inflammable substances or explosives; (11)    Handloom and power loom industry; (12)   Mines (underground and under water) and collieries; (13)   Plastic units and fibreglass workshops; (14)  Domestic workers or servants; (15)  Dhabas (roadside eateries), restaurants, hotels, motels, tea shops,       resorts, spas or other recreational centers; and (16)  Diving. (17)   Caring of elephant. (18)   Working in the circus. Part B  Processes (Industrial Activity) (1)  Beedi-making. (2)  Carpet-weaving including preparatory and incidental process thereof”; (3)  Cement manufacture, including bagging of cement. (4)  Cloth printing, dyeing and weaving including processes preparatory and incidental thereto: (5)  Manufacture of matches, explosives and fire-works. (6)  Mica-cutting and splitting. (7)  Shellac manufacture. (8)  Soap manufacture. (9)   Tanning. (10)Wool-cleaning. (11)  Building and construction industry including processing and  polishing of granite stones” (12)   Manufacture of slate pencils (including packing). (13) Manufacture of products from agate. (14)  Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene,   pesticides  and asbestos. (15) “Hazardous processes” as defined in Sec. 2 (cb) and ‘dangerous        operation’ as notice in rules made under section 87 of the Factories  Act, 1948 (63 of 1948) (16) Printing as defined in Section 2(k) (iv) of the Factories Act, 1948 (63    of 1948) (17) Cashew and cashewnut descaling and processing. (18)   Soldering processes in electronic industries. (19)  Aggarbatti’ manufacturing. (20)  Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting. (21)  Brick kilns and Roof tiles units. (22)  Cotton ginning and processing and production of hosiery goods. (23) Detergent manufacturing. (24)  Fabrication workshops (ferrous and non ferrous) (25)  Gem cutting and polishing. (26)  Handling of chromite and manganese ores. (27)  Jute textile manufacture and coir making. (28) Lime Kilns and Manufacture of Lime. (29) Lock Making. (30)   Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enamelling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops.  Store typesetting, assembling of cars, shot making and lead glass blowing. (31) Manufacture of cement pipes, cement products and other related work. (32) Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products. (33)  Manufacture of dyes and dye stuff. (34)  Manufacturing or handling of pesticides and insecticides. (35)   Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry. (36)  Manufacturing of burning coal and coal briquettes. (37)   Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather. (38)  Moulding and processing of fiberglass and plastic. (39)   Oil expelling and refinery. (40)   Paper making. (41)    Potteries and ceramic industry. (42)    Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms. (43)    Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting. (44)   Saw mill – all processes. (45)   Sericulture processing. (46)   Skinning, dyeing and processes for manufacturing of leather and leather products. (47)   Stone breaking and stone crushing. (48)   Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form. (49)  Tyre making, repairing, re-treading and graphite beneficiation. (50)  Utensils making, polishing and metal buffing. (51)  ‘Zari’ making (all processes)’. (52)  Electroplating; (53)  Graphite powdering and incidental processing; (54)                           Grinding or glazing of metals; (55)                           Diamond cutting and polishing; (56)                           Extraction of slate from mines; (57) Rag picking and scavenging; (58) Processes involving exposure to excessive heat (e.g. working near   furnace) and cold; (59) Mechanised fishing; (60) Food Processing; (61) Beverage Industry; (62)  Timber handling and loading; (63)  Mechanical Lumbering; (64) Warehousing; (65)  Processes involving exposure to free silica such as slate, pencil industry, stone grinding, slate stone mining, stone quarries, and agate industry.

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Measures to address Indian emigrants issues

A large number of Indians are working in the Gulf countries. The details of Indians in Gulf Countries are as given below: -

Country	No. of Indian working (approx. in Lakhs)
Bahrain	4.00
Kuwait	6.41
Kingdom of Saudi Arabia	18 – 20
Oman	5.81
Qatar	4.50
UAE	17.50

Complaints received from some workers are generally in the nature of ill-treatment and harassment, non-payment of agreed salaries/ dues, contractual violations, refusal of leave or exit/re-entry permits, withholding of passports etc.  The number of cases reported are as under:

Country	Year
	2009	2010	2011
Bahrain	1427	1384	1163
Kuwait	3560	4363	2851
Kingdom of Saudi Arabia	5306	5250	3656
Oman	5221	2225	2889
Qatar	2165	3034	3186
UAE	2316	1036	1588

The Government has taken several steps to address the issue of Indian emigrants, which include the following:

(i)  Nation-wide awareness campaigns through the media to educate intending emigrants about legal emigration procedures, the risk of illegal migration and precautions to be taken during emigration.
(ii) The Government has established an Overseas Workers Resource Centre (OWRC) which is a 24 hour telephone helpline in eight languages to provide authentic information to emigrants as well as intending emigrants on all aspects of emigration.
(iii)       The Government has established Indian Community Welfare Funds (ICWF) in all Indian Missions to provide onsite support to the affected emigrants.
(iv)  Government has established an Indian Workers Resource Centre(IWRC) in the UAE.
(v)  The Government has signed MOUs with seven major labour receiving countries to lay down a framework for bilateral cooperation for the protection and welfare of workers.
(vi)   The Ministry revised the Emigration (Amendment) Rules, 2009 w.e.f 9th July, 2009 revising the eligibility criteria for Recruiting Agents (RAs).
(vii)   In case, the involvement of a recruiting agent to cheat and exploit the worker is reported, then action under Emigration Act, 1983 is taken.  Besides, the blacklisting of recalcitrant employers is also resorted to.
(viii)   Pravasi Bhartiya Bima Yojana (PBBY) is a compulsory Insurance Scheme for the protection of emigrant workers.
(ix)     Some missions hold awareness camps and medical camps and visit Jails, hospital and labour camps. The missions also operate shelter homes for women emigrants/ runaway maids.

Land Protecton Laws for Tribals

EQUALITY INDIA NEWS IS A SHAKTI VAHINI INITIATIVE

As reported by the Ministry of Mines, all mineral concessions, including mining leases are granted in terms of Mines and Minerals (Development and Regulation) Act, 1957 and rules framed there under and the Ministry of Mines does not have any reports on subversion of Land protection Laws for tribals by leaseholders. Ministry of Mines has informed that since mining operations often involve acquisition of land held by individuals, the National Mineral Policy provides for social impact assessment and also adequate provisions for relief and rehabilitation under the National Rehabilitation and Resettlement Policy (NRRP), 2007.

The Forest Rights Act, 2006 (FRA 2006), administered by the Ministry of Tribal Affairs, seeks to recognize and vest the forest rights to forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. Section 4 (5) of the FRA, 2006, is a protective measure. It says….“Save as otherwise provided, no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete…..”.

Department of Land Resources has informed that States with large tribal population have enacted land protection laws/laws prohibiting alienation of tribal lands and promoting restoration of alienated land and has been requesting State Governments from time to time to take effective steps for implementation of legislative provisions to prevent alienation of tribal land and restore alienated tribal land. The Department of Land Resources has also introduced the Land Acquisition, Rehabilitation and Resettlement Bill, 2011 in the Parliament on 07.09.2011 which envisages comprehensive rehabilitation and resettlement benefits and also includes special provisions for Scheduled Tribes.

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