The Forest Rights Act gave them land use rights and mandated that their consent be obtained before acquiring forest land, but it still did not ring in ownership rights for tribal populations. Now, the Prime Minister?s Office (PMO) is considering the draft of a Bill moved by the tribal affairs ministry, which seeks to correct what is seen as a point of contention between the Land Acquisition Act and the Forest Rights Act.

?The Forest Rights Act had one important omission; it did not give ownership to tribals and instead gave them rights on land use and rights of refusal on acquisition. Yet, when land is acquired, the whole question of ownership becomes important in terms of compensation and rehabilitation,? said National Advisory Council (NAC) member NC Saxena. The proposed Bill attempts to remedy this.

Sources in the tribal affairs ministry confirmed that the Bill would guarantee land ownership rights for tribals. It is likely to increase the liability of the acquirer to resettle and rehabilitate tribal families and impact mining, paper and metal-based industries.

?Land acquisition in tribal areas will be guided by the principle of land for land, market value of land, concept of net present value (NPV) of assets and social impact assessment. Besides, the land acquirer would have to ensure lifelong livelihood of the entire tribal community of the area in terms of providing jobs in industrial units or imparting training to them for their employability. Land rights would mean that tribes would also be eligible for resettlement and rehabilitation grants,? an official said.

Significantly, the tribal policy goes beyond the draft land acquisition policy, which is also being finalised by the Centre, to make land acquirers liable to apply all the provisions for resettlement rather than give them the choice for any one of them.

The policy also makes it mandatory to conduct a social impact assessment if it involves displacement of more than 200 people.

?If the state government is convinced about the public purpose of the project, the company would be granted approval after all the steps have been taken to safeguard interests, traditions and customs of people in the tribal belt,? said an official in the tribal affairs ministry. It is hoped that this Bill, along with the MMDR Bill which seeks to provide a 26% share of profits in mining activities to those displaced by such projects will provide a just recompense to tribals. ?It will also help clear ambiguities on land acquisition and the question of entitlements in resettlement,? said a PMO official.