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RAJYA SABHA _________

∗SYNOPSIS OF DEBATE _________

(Proceedings other than Questions and Answers) _________

Monday, August 3, 2009/ Sravana 12, 1931 (Saka) _________

OBITUARY REFERENCES

MR. CHAIRMAN: Hon'ble Members, I refer with profound sorrow to the passing away of Shri Syed Rahmat Ali and Shri Devendra Nath Dwivedi, former Members of this House.

Shri Syed Rahmat Ali passed away on the 29th of June, 2009 at the age of 77 years.

Born at Hyderabad in November 1931, Shri Syed Rahmat Ali was a Graduate in Persian and Arabic.

A journalist and a renowned orator in Urdu, Hindi and Telugu languages, Shri Ali was associated with several social welfare and cultural organizations. He had a long association with the Press Reporters' Guild, Andhra Pradesh, and was Chairman of the Andhra Pradesh Muslim Wakf Board from 1974 to 1976. He was Vice-President of the Indian Council for Social Welfare and was also a Member of the Senate of Osmania University. Shri Ali was also a life member of the Institute of Asian Studies since 1975. He was Deputy Mayor, Municipal Corporation of Hyderabad in 1965.

Shri Syed Rahmat Ali was an avid reader and had a few publications in Urdu to his credit.

___________________________________________________ ∗This Synopsis is not an authoritative record of the proceedings of the Rajya Sabha.

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Shri Syed Rahmat Ali started his legislative career with the membership of the Andhra Pradesh Legislative Assembly in 1972.

Shri Syed Rahmat Ali represented the State of Andhra Pradesh in this House from April 1980 to April 1986. He also served on the Panel of Vice-Chairmen, Rajya Sabha.

In the passing away of Shri Syed Rahmat Ali, the country has lost a distinguished social worker and an able parliamentarian.

Shri Devendra Nath Dwivedi passed away on the 1st of August, 2009 at the age of 73 years.

Born at Varanasi, in July, 1936, Shri Devendra Nath Dwivedi had his education at Banaras Hindu University and Cornell University, United States of America.

A Lawyer by profession, Shri Devendra Nath Dwivedi was known for his vast knowledge of Constitutional provisions and legal nuances. He was Member of the Joint Advisory Committee, Film Institute and National Film Archives in 1972. He was President of the All India Hindustan Commercial Bank Employees Association and Diesel Locomotive Workers' Congress.

Shri Devendra Nath Dwivedi also served as the Additional Solicitor General of India.

Shri Devendra Nath Dwivedi represented the State of Uttar Pradesh in this House from April 1974 to April 1980.

In the passing away of Shri Devendra Nath Dwivedi, the country has lost a distinguished lawyer and an able Parliamentarian.

We deeply mourn the passing away of Shri Syed Rahmat Ali and Shri Devendra Nath Dwivedi.

(One minute’s silence was observed as a mark of respect to the memory of the deceased.)

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MATTERS RAISED WITH THE PERMISSION OF THE CHAIR

I. Need to ensure safety and coming back of the acclaimed Painter, Shri M.F. Hussain

SHRI RAJEEV SHUKLA: All of us know that an acclaimed painter of our country, Shri M.F. Hussain has been residing abroad for so many years. He does not come here due to fear of certain elements, who were creating here an unsafe atmosphere for him.

I request the Government to create such an atmosphere so that his safe return is ensured.

II. Reported ragging in Kirori Mal College, Delhi

SHRI SANTOSH BAGRODIA: It is very sad that a young student, named Ashutosh, was ragged in Kirori Mal College by his seniors. He informed the Warden and then Principal. Under the law, the Principal was obliged to inform the Police immediately. But, so far, no information has been received by the police authority. If such things are happening in Delhi itself, despite of assurances given by the Minister then, it is very serious matter. I will request the Government of India to look into it seriously.

III. Reported Constitution of Bundelkhand Development Authority

SHRI SATISH CHANDRA MISRA: Bundelkhand partly falls under Madhya Pradesh and partly falls under Uttar Pradesh. The region of Bundelkhand which comes under Uttar Pradesh, has been neglected for the last 60 years by the various Governments. The present Government has demanded a package of Rs. 80,000 crore for entire Uttar Pradesh and a separate package of Rs. 9,000 crore for Bundelkhand. In this connection, several reminders were given in 2007, 2008 and in the year of 2009. It was requested that new projects on the lines of Rai Bareli may be set up in the area of Bundelkhand so that proper development of that area is ensured.

When a package was demanded from Central Government, it was not provided and Uttar Pradesh Government gave its special package for the development of Bundelkhand halting its other developmental works. But now, the Central Government is trying to ruin the federal character of the country. This is a serious matter.

SHRI PRABHAT JHA: The Madhya Pradesh Government had already set-up an authority two years back for the development of

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Bundelkhand. But, this new move of imposing a new central authority there is a step against federal character of the country and totally against the Constitution. We had demanded Rs 2600 crore from the Centre for the development of the region but no money was released. You should safeguard the federal structure of the country.

SHRI KALRAJ MISHRA: The dispute cropped up by the statement of a prominent leader of ruling party that a central authority should be constituted for entire Bundelkhand, which appears a deliberate move to damage the constitutional proprieties. This is a serious matter. Bundelkhand is a very backward area and politics is being played in the name of development. As told by a Member, already there is an autonomous authority for the purpose in Madhya Pradesh which requires funds for the development. Instead of playing politics, package for the development of Bundelkhand should be released to this authority.

(Dr. Akhilesh Das Gupta, Shri Rudra Narayan Pany, Shri Raghunandan Sharma and Shri Jai Prakash Narayan Singh associated.)

IV. Attacks on Indian Fishermen at Rameshwaram by Srilankan Navy

SHRI TIRUCHI SHIVA: Srilankan Navy brutally attacked the Indian fishermen, damaged their boats and arrested some of them and seized their fishing nets and other appliances, when they went out for fishing in the Indian waters in Rameshwaram, yesterday. This is not the first incident. These sorts of outrageous attacks have been unleashed upon fishermen of Tamil Nadu very often which has been brought in the notice of Central Government but no positive and concrete solution is coming forth.

I urge upon the Central Government to assertively and firmly impress upon the Srilankan Government to instruct their Navy to desist from harming Indians especially Tamil fishermen.

(Dr. K. Malaisamy, Shrimati Jayanthi Natarajan, Ms. Mabel Rebello, Shrimati Kanimozhi, Shri A.A. Jinnah, Shri M.P. Achuthan and Shri V. Hanumantha Rao associated.)

THE MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS (SHRI PRITHVIRAJ CHAVAN): It is a very serious matter about our fisherman. I will bring the matter to the notice of the Government.

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SHRI M. VENKAIAH NAIDU: We all associate ourselves with the sentiments expressed by hon. Member. But, I only request the Government of India to take some concerted action, not intimation because it is happening time and again.

MR. DEPUTY CHAIRMAN : The Minister has responded. He will bring the matter to the notice of the Government.

V. Floods in Bihar, especially in Sitamarhi District

SHRI TARIQ ANWAR: Due to the floods because of the breaking of the embankment on the river Baghmati near about village Tilakrajpur of the Block Runnisaidpur of the district Sitamarhi of Bihar, 200 villages of that district and a number of villages of adjoining districts of Darbhanga and Muzaffarpur have been adversely affected. One day ago the officers of District Administration and the engineers of the Irrigation Department had gone there and had stated that there was no danger to the embankment. Last year this embankment was got repaired completely by the state government. Today due to it more than one lakh people are affected. After 24 hours of floods, no means of relief have so far reached to the people. People there are still feeling insecure The Bihar Government has not learnt a lesson from last year’s floods and it has been suffering a loss this year also.

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GOVERNMENT BILL – INTRODUCTION DEFERRED

The Judges (Declaration of Assets and Liabilities) Bill, 2009

THE MINISTER OF LAW AND JUSTICE, SHRI M. VEERAPPA MOILY, sought to move a motion for leave to introduce the Judges (Declaration of Assets and Liabilities) Bill, 2009.

LEADER OF THE OPPOSITION (SHRI ARUN JAITLEY): I have particular objection to clause 6 of the Bill. Earlier, the issue had come up where candidates contesting election for Parliament or Assembly were required to file a declaration with regard to their antecedents, criminal cases and education as also their assets and liabilities. The law was clearly laid down by the Supreme Court and the law was based on the understanding of article 19(1)(a) of the Constitution of India. Since this has been made in relation to a constitutional guarantee in the Constitution itself, we now find

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that this Bill contains a provision that article 19(1)(a) has been applied to any person anywhere in the country, who is desirous of contesting an election, and, his assets are to be made public. I am, therefore, submitting before this House that clause 6 should be reconsidered before its introduction because clause 6 clearly will be violating 19(1)(a) as laid down by the Supreme Court itself.

SHRI M.V.MYSURA REDDY: My objection is also regarding clause 6 of the Bill. In the democratic form of Government, MPs or MLAs, who are serving for the public, are having higher stature. The Judges are also performing the same duty. That is why I am opposing clause 6 of this Bill. Therefore, I request the Minister to re-consider this.

SHRIMATI BRINDA KARAT: I strongly object to the introduction of this Bill on ground that it violates the very basic feature of the Constitution of India which is equality of all citizen before law. I would request the Government to withdraw this Bill at this stage to re-look article 6.

SHRIMATI JAYANTHI NATARAJAN: I would request the House and the Hon'ble Minister whether they can consider all the objections raised and refer the entire Bill to the Standing Committee for further discussion.

SHRI RAM JETHMALANI: My objection to this Bill is that it violates the basic features of the Constitution. The independence of the Judiciary is the basic feature of our Constitution. It creates a suspicion in the public mind that the Judiciary is seeking favours from Executive.

SHRI D. RAJA: I oppose this Bill at the introduction state. Clasue 6 of the Bill is in fact ultra vires of the Article 19(1)(a) of the Constitution. It creates two classes. Judges belong to one class, and all other citizens belong to another class. Nobody is above law. We have the Right to Information Act and judges must be covered by this Act.

The introduction of the Bill was deferred.

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THE CONSTITUTION (ONE HUNDRED AND NINETH AMENDMENT) BILL, 2009

THE MINISTER OF LAW AND JUSTICE (SHRI M. VEERAPPA MOILY): I move:-

"That the Bill further to amend the Constitution of India, be taken into consideration."

The motion for consideration of the Constitution (One Hundred and Nineth Amendment ) Bill, 2009 was adopted by the majority of the total membership of the House and by a majority of not less than two-third of the members of the House present and voting.

Clauses etc., were adopted by a majority of the total membership of the House and by a majority of not less than two-third of the members of the House present and voting.

The Bill, as amended, was passed by a majority of the total membership of the House and by a majority of not less than two-third of the members of the House present and voting.

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DISCUSSION ON THE WORKING OF THE MINISTRY OF ENVIRONMENT AND FORESTS

DR. V. MAITREYAN, initiating the discussion, said: The Parliamentary Committee had urged the Government to withhold the notification and gave recommendations regarding pollution, global warming and the climate change. It is good that the new Minister has taken care of these things. He has announced that the Coastal Management Zone Notification has lapsed with effect from 22nd July. As per the Report by the UNDP, climate change will push the world towards disaster and if not tackled, it will have irreversible impact on the human development.

There is lopsided emphasis on the developing countries to make them to commit certain emission norms. Only a few rich countries have adhered to reducing the emission rate. European Union has attained the actual cut of only 2 percent instead of the 8 percent commitment under the Kyoto Protocol. America and Australia have increased their emissions in the recent years. Energy-efficient electrical appliances, increasing renewable energy

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sources, green building codes etc. can be the measures against the climatic change.

Care and concern for nature and development have to go together. Otherwise, development without care for environment will lead to a situation of only a short-term benefit. Long-lasting development is possible only when development and environment go side-by-side. Development should take care of the large majority of the poorest of the poor and unprivileged.

Pollution is rapidly emerging as a challenge. The quality of air is being monitored at 342 stations. Due to rapid urbanization and increasing number of vehicles on the road, this number of 342 stations is inadequate. The Minister should take follow-up measures as deemed fit in this regard. Existing infrastructure for monitoring air quality is not sufficient. I feel that attending to the problem of air quality in its right earnest is more important than just monitoring it. Instead of multiple agencies for setting standards of norms of emissions, a unified single nodal agency should be made for setting standards and better coordination.

The condition of the river Yamuna and Ganga as well as other water bodies is pathetic. Discharge of the untreated effluent and the sewage are a major source of water pollution. As against the generation of 33,000 MLT of sewage in the country, there exists a treatment capacity of only 7,000 MLT. That is also not being put to proper use saying that it is a State subject, the municipal corporation and others have to take care of it. The Government has not made any Budgetary provisions for the creation of National Green Tribunal. I urge upon the Government to setup such tribunals at the earliest. Proper guidelines need to be set to make MNCs follow the environmental rules and the safety regulations.

At present, the country has forest coverage of about 23 percent of the total geographical area. The Ministry targeted that by the year 2012, it will be 33 percent, which was later revised to 30 percent The Bill presented to the Parliament and sent to the Standing Committee attempted to legitimize the diversion of forest land for non-forest purposes and for monetary compensation purposes. Development can take place even without diversion of forest land except in very few cases, where it is, absolutely essential. Tribal community depends on forest, pastures, water resources etc. for day-to-day activities.

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The Committee felt that Bill was contrary to the federal structure of the Constitution and the power was concentrated entirely on the Central Government. Thus, the Standing Committee had rejected the Bill. It was decided in March, 2009 to constitute State level CAMPA. Revised guidelines allowed the Union Government to have a grip on the entire situation of the country as a whole. The Supreme Court gave the necessary permission to use the available CAMPA fund partially. The Minister has written to all the State Chief Ministers asking them to adhere to the various provisions of the guidelines. I compliment the Minister for that.

Depleting forests are having an adverse effect on the wildlife also. I would urge the Minister to have a reliable assessment of the count of endangered animals and a white paper to be issued on it. He must see to it that the number of endangered animals is protected and the reserves increase.

The coastal environment plays a major role because virtually 25 per cent of the population lives in and around the coast line of the country. Last year, the Ministry came out with a Coastal Management Zone Notification, which drew lot of criticism, for a variety of reasons. It was widely apprehended that this Notification will significantly curtail the accessibility of the local community to the shore and sea resources and serve the economic interests of the corporate sector and large investors like tourism industry, refinery, mining etc. I am very happy that the Minister not only withheld the Notification but also allowed it to lapse. He made an announcement that the existing Coastal Regulation Zone (CRZ) Notification, 1991, will be amended to take into account the challenges likely to arise from the climate change-induced sea level rise and the growing pressure of population on the coastal resources and bio-diversity. He has also made another important mention that they are also contemplating a law to ensure livelihood security for the fishing community.

A general perception over the last few years has gained ground that the Ministry of Environment and Forests acts at the behest of judicial interventions only. This is not a healthy trend. I hope, the Minister would certainly pay his attention to this point and activate and gear up the machinery of the Ministry to drive away the perception.

SHRI SHANTARAM LAXMAN NAIK : This subject needs a human approach and the Minister is having that approach. I will refer to the Environment (Protection) Act, 1986, in my speech. There is one Section 3. All your orders, whether it is CRZ or CMZ, all notifications are issued under

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this section only. This is the basic crux of this Act. Now, apart from the Act, we have got the National Environment Policy, 2006. Is hon’ble Minister thinking of bringing any revolutionary changes in this Policy? The policy is a direction and that direction, perhaps, has to be changed slightly in the present scenario. I think, the hon’ble Minister will take due initiative in this regard. I would suggest him, at this stage, that when we prepare a new Environment Policy, let a draft of the proposed policy be first discussed in this House.

One of the important things which is going to come up in the coming days is the National Appellate Tribunal, about which everybody is talking, the Green Tribunal, etc., etc. The objective is that all matters relating to environment are decided quickly by Tribunal, and matter should not go to High Court or Supreme Court, etc. But inspite of it, if the orders having been passed by this Tribunal, matters go before Supreme Court. What is the use of this Tribunal? Therefore, this aspect should be ensured before we go in for this Tribunal. The Supreme Court has created the Empowered Committees. Did our Government object to say that Courts had no jurisdiction to create such departments or to create such committees? I would like to know very specifically about what stand was taken.

In my State Goa, there are about 8,000 houses built by fishermen community, which came under CRZ and CMZ notifications. Unless the Minister takes some concrete steps, the village panchayat concerned, the municipalities concerned will demolish all these houses because they have been told by the courts to do so. Therefore, a quick action has to be taken with respect to these houses.

There are several legislations and Acts and many of them deal with the same subject. These have to be amalgamated. You have to make a consolidated legislation on each subject.

Now I come to the issue of environmental education. I think a full curriculum subject has to be introduced in the school education so that they understand the subject fully.

Then I would again say that where industries are to be established or where dams are to be constructed or business centres are to be established, all this is decided by the courts of law. We have to tell them our limit and their limit so that each one of us understands his jurisdiction. No court can say that because Parliament is not enacting a particular law, I am going to pass

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this order. So, these conflicts are to be avoided if environmental goals are to be achieved.

SHRI BHAGAT SINGH KOSHYARI : The subject of environment and forests is very important subject but as a whole, not even one per cent of total budget has been provided for it. National Action Plan on climate change is there. It has very pointed mission plans. When we go through these plans, it seems that all the problems relating to environment and pollution would be solved. But it did not happen. This subject was not given due attention to the extent it required.

I would like to speak more on conceptual, cultural and spiritual aspects of this subject. We all know that the human being is directly related to nature and he has worshipped it. In a way, he has worshipped the forests, he has worshipped the earth. He called it Mother Earth. The people of this country had sacrificed their lives for Mother India, not only to achieve freedom, but, also to preserve our natural resources like sea, rivers, forests, trees, mountains etc. But, we see, after that the trees were cut indiscriminately and the forests were vanished. Then, Chipko Movement was launched creating an awareness to save the environment.

Our ancestors had feeling that in what manner we conserve the environment including nature. But unfortunately, all the things were changed. After independence, we have committed too much mistakes. To avoid the recurrence of such mistakes in future, you have a National Mission, in which you have also included Himalayan Ecological Mission. I congratulate you for this. The Himalaya will be conserved thereby and ecology of Himalaya would be in order. Therefore, I request that all of us look at our those cultural values again. This country has 20 per cent forest cover, whereas it should be 33 percent.

SHRI SAMAN PATHAK : The Forest and Environment is a most important matter and time has come to think seriously over the environment of the country at present. As per 4th Report of IPCC in 2007, the manner in which the average temperature has been increasing day by day these day, is a matter of concern. The world is heading towards destruction thereby. Today whatever environmental and climatic changes are being taken place in our own country, the developed countries are much more responsible than us. So far as Green House Gas Production is concerned, our own production is 4.25 per cent, but the developed countries or USA alone

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produce 26 per cent Green House Gases and they are asking us to prevent its gross development. It is absolutely not acceptable to us.

The Hon'ble Minister has taken a very clear stand that we are not going to give in. Therefore we will not accept everything in the interest of our country. So far as the question of environment is concerned, if we ask the world to follow us after preparing the agenda, this would be all right. Besides environment, it affects adversely on air, water, agriculture, food, health, livelihood, residence etc. and it directly affects the human being. We should prepare our over agenda. India is a agriculture dominant country. If our government is sincere, we can counter it.

Last year in the July, G-8 conference was held in Japan and Hon'ble Prime Minister had made declaration about eight missions. But there is no any detail of the expenditure on these missions. Increase in temperature, natural calamites, increasing urbanization and industrialization are the different factors, which are deteriorating our cultivable land and due to this our production capacity is decreasing. There is a possibility of food crisis in our country thereby. Water crisis is visible everywhere. Water of rivers is drying up due to water contamination. Today, underground water table is declining. The farmer are in need of water for agriculture.

We have formed eight Missions for durable agriculture, but we are not taking the initiative, which we should have taken in correct and accurate way for durable agriculture. We have formulated a lot of plans to de-contaminate rivers. We have not been able to implement them in the manner in which they should be implemented. The construction work of the Games Village, in connection with Common Wealth Games to be held in 2010, is going on at the bank of Yamuna river. Whether permission of the Pollution Board has been taken for this. The Himalayan Glacier has been reduced by 21 per cent during the last 30-35 years. What efforts are being made to save it? The forests are most important for conservation of the environment. We have laid down the target to achieve 33 per cent forest coverage, but I think it is 21 to 22 per cent so far. In what manner, would you achieve the 33 per cent coverage in two years?

In 2008, Forest Dweller Bill was legally adopted. I welcome this. I want to congratulate UPA Government on this. The Bill has provision for converting forest land into regular land. Villagers should get this land. If a forest dweller will get this land, he will cultivate that land, but if in the name of converting forest land you will set up special economic zones there, then it

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will not at all be beneficial for environment. I am from hilly area, various types of medicinal plants are there, grass should be grown after appropriate planning. Today, elephant, lion and tiger are coming on roads. My request is, that a branch of Geological Survey of India should be set up.

SHRI D. RAJA: Without considering the concerns expressed by the Standing Committee, the Ministry has reached an agreement with the court appointed committee. The steps of the Ministry have not addressed the Committee's concerns on the violation of forest dwellers' rights during diversion and afforestation programmes, or that the money should be spent as per plans proposed by Panchayats and approved by Gram Sabhas. As per the Forest Rights Act of 2006, no forest dweller can be removed from the forestland until their rights are recognized.

There appears to be a lack of clear action by the Government on the issue of climate change. We also make efforts with regard to the climate change and to reduce its severity. India is the fifth largest emitter after China. India should not buckle down to the pressures given by the western powers, particularly, the US and developed countries. One of the Ministry's most public and well-known programmes is the Project Tiger. Evictions and arrest of forest dwellers are reported from several areas. Though the Act requires that composition must ensure a secure livelihood for those being relocated, only cash is being provided.

Till date, the Ministry or the National Tiger conservation Authority have taken no concrete action to address these issues. I hope the Ministry will listen to the voice of the main stakeholder, the fishing community in the country. In the emerging situation in the world when we are all discussing global warming, climate change, this Ministry of Forest and Environment will have to be more active and will have to be more responsive to the requirements, demands of the situation.

SHRI KAMAL AKHTAR: I am very grateful to you for giving me permission to take part in discussion on functioning of Ministry of Environment and Forests. Rivers is our country are centre of religious faith and belief and this agriculture based economy is also linked with rivers. Before setting up industrial units, they are to be approved by State Pollution Control Board. By paying money in Uttar Pradesh, any type of plan are industrial unit can be set up. Second important issue before us is of Yamuna. Yamuna is a symbol of religious faith and it provides livelihood to lakhs of people. Our Ganga will be extinct after thirty five years. If these rivers are

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not saved then India will be on the verge of destruction. Yamuna comes filthy form behind but after reaching Delhi, it becomes fully poisonous. In the context of Commonwealth Games, important subject like environment should not be compromised. By overlooking environment rules, some plans are being implemented for benefiting limited persons.

Presently, biggest issue is of global warming and climate change. It has been clearly mentioned in a study done by United Nations about climate change that glaciers of Himalaya are melting at a fast speed, it will be difficult for cultivation and lakhs of people will be displaced in India in coming years. It is a harsh reality for a country like India which has not yet invested in Disaster Management. We must make arrangement for Disaster Management for facing these things. Developed countries are emitting much more carbon dioxide than us due to industries, they are directly responsible for this.

Tiger and other species are becoming an extinct. Today, deforestation is being done openly in the whole country. Today, Ganga is the biggest source of providing drinking water. Ganga is having so much arsenic that thousands of people in U.P, Bihar and West Bengal are suffering from skin disease and cancer. Today, alongwith sound pollution and air pollution there are big advertisement banners on roads. You took a good step by banning Chinese toys, which were giving berth to many diseases. Ink used in advertisements and other things destroy our environment. Some species are becoming are extinct. Today, alongwith sound pollution and air pollution, a new kind of pollution has started in U.P., that is stone pollution. I hope that you will work for saving Ganga and you will control stone pollution in U.P.

DR. CHANDAN MITRA : I just want to flag a few issues relating primarily to the Budgetary allocations that have been made. Deforestation has become extremely rampant over the last few years, and, it is very, very essential to take steps to prevent this from spreading any further. This rampant deforestation is the cause of many of the problems that the country is facing with regard to water pollution, air pollution and the destruction of wild life. The Minister was honest enough to admit the state of the tiger reserves, and, I am very glad that he has recently conducted a meeting in Sariska which is one of the reserves that had completely lost all its tigers. The critical tiger habitat plans that were due for implementation are yet to be implemented. The buffer zones are yet to be fully created. The tiger is not

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the only endangered species in this country. I think, it is very, very distressing that leopards are also being killed in very large numbers. I would appeal to the Minister to put on hold his plan to reintroduce the cheetah into this country. Black bears have been hunted for a long time and now, unfortunately, because their gall bladder is something which is very precious and fetches a large price in the international market, it is also used for intoxication. In Pakistan in certain parts of the North West Frontier Province, bear fighting is a game which people enjoy. We have discussed the issue of poaching here. I am disappointed that under the Head of Wildlife Crime Control, the allocation of the Ministry has been reduced from Rs.6 crore to Rs.4.6 crore. I would request the Minister to kindly look into how this amount was reduced. The Indian Forest Service, which was once a prized service, is today absolutely relegated to the bottom of the barrel. Nobody wants to go there unless they are actually hand in glove with the poachers and criminals. The Minister needs to look into this and see to how this can be done.

In this Budget, the allocation has been brought down from Rs.87 crore to Rs.55.2 crore. This is apparently because the amount of Rs.87 crore which was allotted in the 2008-09 Budget could not be spent. I also feel disturbed that for mangroves and wetlands, which are critical components of our bio-diversity, only three crore rupees have been allotted. The recent cyclone, Aila, and the disaster it caused in Bengal is very well known. The Hilsa fish, is today, selling at Rs.550 to Rs.600 per kilogram in the market, and that too weigh only between 750 gram and 1 kilogram. Baby Hilsa is being fished in a very large number in violation of all environmental laws and ethics. We imported 21 lakh kilos of Hilsa from Bangladesh last year. The hon’ble Minister has to look into this. The coral reefs have been damaged. After the Tsunami, there has been a burning of the coral in that area which is leading to the steady destruction of our great natural heritage. It definitely needs to be looked at whether rampant tourism should be allowed in such a fragile part of the country. I just endorse upon the points that have been made about the discharge of effluents into rivers like the Ganga. If we cannot clean the whole river, at least, some part of it can be cleaned.

SHRI ALI ANWAR ANSARI : Many members have expressed their concern about rampant deforestation, wild life, global warming and climate change. Hon’ble Chief Minister of Bihar, Shri Nitish Kumar has taken an initiative that we will plant one crore trees on 31st August. These

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are the timber wood and fruit bearing trees. A member of poor family will be deputed for taking care of these trees under NREGA for 100 days. After 100 days, the another man will get this work. After that more trees will also be planted. The Central Government has enacted the Forest Rights Act in 2006. There are many problems in that Act. The Non-Scheduled Tribes have to show 75 years old record for this purpose. They are unable to submit this old record. We should evolve some policy in consultation with their representatives. Water is the main factor and without it forests and environment will not survive.

SHRIMATI KANIMOZHI : It is very important that our policies have to taken into consideration the environment. It has to become a part of our awareness, a part of the working of the Government. The developed nations have created so many hazards and problems to the environment. It is very important that we should take care to protect the ozone. When the environment is not preserved, its hazards are first felt by the poorer sections of the community. For example, when there is water scarcity, it is the poorer sections of society, who are affected most, and, it is the women who have to bear the brunt. She has to bear the burden of collecting water. In the past few decades, nearly 700 square kilometers of forest area has been depleted. We have to understand one thing. We can just plant trees. We can try to replace them with adaptable common species. But the rare interior forest species can never be replaced. So, we have to take care that forests are protected. The habitat fragmentation is also another problem. We try to have human settlements, highways, dams, mines and development projects inside the forests. It is a bigger threat to the forest conservation. Because of this habitat fragmentation, there is a lot of human and wildlife conflict. We also have to protect the pathways of animals. It has always been said that protection of forests is a State subject. But, the Central Government has to bear the responsibility because of the Forest Conservation Act of 1980. Like the Railway Protection Force, a Forest Protection Force also has to be created. There are poachers and a lot of illegal smugglers.

It is not possible for one Forest Guard and one Forest Watcher to walk through this vast area and protect it. African Cheetah is being introduced in India. Many such species of India have already wiped out. There are so many species which have to be protected. E. waste is a big problem in the country. India is becoming a dumping ground for E.waste and medical waste also. A solar power plant with a capacity of 250 MW should

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be set up and the Ministry should extend help to the centre for climate change in Tamil Nadu.

SHRI PRAVEEN RASHTRAPAL: Tribals are normally residing either in forest or hilly areas, they face all the difficulties and they are not allowed to eat fruit of forests. Nobody has referred to the great lions of Gujarat. After Independence, harassment of tribals has not stopped due to various Services. The maximum harassment to poor tribal dweller comes from the Forest Officers. I would request the hon’ble Minister to look into the powers of the Forest staff. The Forest Department is not allowing land to be handed over to the poor people. The Central Government should intervene there. The unused land should be given to the landless tribals by the Forest Department. There were also rajas in Tribal areas. They were known as Bhill Rajas. They are getting Rs.2, Rs.15 as pension. I am yet to get a reply from the Government about my Special Mention, dated 23.04.2008. I request that an appropriate reply should be given.

Another Special Mention made by me on 09.05.2007 regarding Union Carbide. The Government of India had taken a decision that the Union Carbide waste of 386 metric tons would be taken to Ankleshwar in Gujarat and then it would be burnt. I objected to it. I was given a reply by the Ministry that there will be no environment problem. Even now it is not burnt. I want the Hon.'ble Minister to inform this House as to what happened to the Union Carbide waste. The first right on forest falls on forest dweller. He has not got that right even after law is passed. After the legislation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, out of 1,63,000 applications in Gujarat, only 1,997 people were given pattas. When this is the state of popular legislation how are you going to implement other forest and environment laws?

SHRI RAJIV PRATAP RUDY : Only 1.24 per cent Forest area has increased during the last 30 years. The number of lions has come down to 1,400 from approximately 40,000 at the time of independence. We have great bio diversity. Many States are facing the condition of famine due to climate change. Deforestation is going on. As a result, possibility of floods are rising. Rise in temperature is one of the reason. In 2005, Carbon emission was around 7.5 billion tons which will rise to 14 billion tons in 2055. As a result, temperature of world will rise about 4 to 5 degrees more. What are the reasons of Carbon emission? The rising consumerism is the

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biggest reason for this. As a result, the level of sea is rising. This rise in sea will affect adversely many countries of South East Asia and Asia.

Corals are dying in Lakshadweep. Glaciers are melting. The whole ecology is being affected adversely. Montreal Protocol was signed in the decade of 1990 and initiative to control the CFCs emission was taken at that time. But the developed country used it to their advantage. USA is at first position as far as Carbon emission is concerned. Per capita 1.4 ton carbon emission takes place in India. What action was taken by the Government of India in this regard? The Prime Minister told the whole world in La Aquilla International Conference that India accepts 2 degree centigrade.

I would like to know from the Hon'ble Prime Minister whether he talked to the scientists and the Ministry of Environment and Forests and all other concerned before taking decision in this regard. We have taken an onus of the world. It is a liability of the world being imposed on the developing nations.

We are using everything possible to protect the environment. We had passed the Conservation act and the Environment Protection Act much before. Now we are heading towards signing on agreement which can be retrospectively affect the welfare of the country. All the developed countries have come together. We would be squeezed out of that. In future for setting up any industry we will be required to take sanction not from our government by but from the governments of other countries such as USA, Japan, Europe etc. The people of India will not pardon this government for accepting this agreement.

SHRI PYARIMOHAN MOHAPATRA: First point is about CAMPA or ad hoc CAMPA. All this money here should not we kept here only, it should be passed on to the States also. It should be converted as a State fund.

The compensatory affrestation should made on the degraded forest land. We have in Orissa 38 lakh acres of wasteland and the degraded forest land. It was taken up in Kamal Nathji's time during Narasimha Rao regime but nothing has happened. The community living in vicinity should be assigned the control and management of those forests and degraded forest land. Some of it may be used for raising coffee, tea or other energy plantation or some other plantation. We should not get fixed to monoculture.

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For rehabilitation in forests, fly ash along with urban sludge as should be compulsorily used fertilizer as is being done in China. With regard to wildlife sanctuaries we will have to strike between the wild life and the tribals.

Today, the non-tribals are trying to take away the larger chunks of these lands, by hook or by crook. I do not know how you are going to stop it because, the State Governments are not very serious. The tribals should be rehabilitated in situ.

SHRI SILVIUS CONDPAN: We are confronted with environmental problems. The melting of the Himalayan glaciers and its effect on India's water security is the major problem. The glacier is the source of drinking water of more than a billion people of India and China. Studies suggest that glaciers could be reduced to one-fifth their size in two decades.

Carbon dioxide is affecting us and affecting other countries and for that, this important Department has got a great responsibility. North-Eastern region is an area which enjoys the gift of nature and today, the natural gift to this area is no more supporting the people of that area due to which they are suffering from increase in temperature warming and also reduction of oxygen. There is virtually no rain at all in the North-Eastern areas. They are suffering from drought. This was never seen by the people of the North-East.

The zoom cultivation mostly takes place into the hilly areas of the North-Eastern Region. They burn forest and then they cultivate the crop. They go on destroying jungle and allowing the atmosphere suffers from green vegetation.

Human habitation is becoming unpleasant in the present context of change of climate and environment. I request the Hon'ble Minister to use his good offices in the Government to find out solutions to all these problems. Those who are enjoying the natural gift in their respective areas for ages together, today, are in the most uncomfortable position.

SHRI KUMAR DEEPAK DAS: The human population growth, density and other demographic variables have the great effect on deforestation. Again, on growing human migration, both national and international is another critical factor that affects forest habitant and biodiversity. The North-East is known for its mega activities of bio-diversity which have rich varieties of species of plants and animals. It is extremely

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rich in rivers, led by the mighty Brahamaputra, lakes and other natural water bodies. It has about 25 percent of the country's total forest area. The region is one of the rainiest regions of the world being fed by two monsoons. But, the rapid growth of population poses a tremendous threat to the existing forest cover and the biodiversity of the area where illegal migration to the region is predominant.

Large-scale deforestation is rampant throughout the North-East. Unplanned and inefficient construction of dams has significantly impact on the natural surroundings. To arrest the declining biodiversity of the North-East and to secure its land and water resources, it needs more effective strategies and plan to control and manage the human and natural factors.

Assam is the only plain State in the subcontinent. It is surrounded by Bhutan and hill States, like Arunachal Pradesh, Meghalaya and Nagaland. Assam is always at the receiving end because of the problems created by the hills. In this area, every summer, a huge sand flows from the hills. Therefore, the fertile land of the State becomes a barren land. Again, Assam is situated in the rainfall zone. So, there is always a plenty of rainfall. Every year, a huge number of people lose lives and become homeless due to perennial floods in Assam.

I, therefore, urge upon the Government to prepare a master plan for the region for the protection of forest and environment as well as degradation of land and water resources and protection of wildlife. There should be a proposal for creation of, at least, two-kilometers buffer zone between Assam and other hills, with a provision of planning trees, to arrest the debris coming from the hills.

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V. K. AGNIHOTRI, Secretary-General.

rssynop@sansad.nic.in

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****Supplement covering rest of the proceedings is being issued separately.

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