Census 2011 or the 15th National Census, a gigantic exercise to capture the socio-economic and cultural profile of India’s population, began on April 1, 2010.  India undertakes this exercise every 10 years through the Office of the Registrar General and Census Commissioner in the Ministry of Home Affairs.  The census documents details of a billion plus population on diverse subjects such as demography, literacy, fertility and mortality and provides primary data at village, town and ward level. The first census ever to take place in India was in 1872 and the last one was held in 2001.  The Census of India Act, 1948 lays down the rules and regulations pertaining to conduct of a census.  The Act makes it obligatory for the public to answer all the questions faithfully while guaranteeing the confidentiality of the information. The last census was held in 2001, which revealed that India’s population was about 1.03 billion.  Statistical data related to literacy rate, sex-ratio, urban-rural distribution, religious composition, SC/ST population and so on were captured by Census 2001. Features of Census 2011 Census process: India uses the canvasser method for collecting census data.  Under this method, the canvasser approaches every household and records the answer on the schedules himself after ascertaining the particulars from the head of the household or other knowledgeable persons in the household.  The full detail of the methodology is available here. National Population Register (NPR): It would be a register or database of residents of the country.  The government states that such a database would facilitate better targeting of the benefits and services under government schemes and programmes; improve planning and help strengthen the security of the country.  The register is being created under the provisions of the Citizenship Act and Rules. NPR process: Basic details such as name, date of birth and sex shall be gathered by visiting each household of a resident of the country. A database shall be created with addition of biometric information such as photograph, 10 fingerprints and probably Iris information for all persons aged 15 years and above.  The list shall be sent to the Unique Identity Authority of India (UIDAI) for de-duplication and issue of UID Numbers.  The cleaned database along with the UID Number would form the National Population Register. There was a controversy over whether Census 2011 should capture caste data.  Since India last collected caste data in 1931, proponents argued that up-to-date, reliable caste data was essential to target welfare schemes towards various backward castes. Opponents however contended that this would perpetuate the caste system.  The government finally decided not to include caste as one of the parameters in the 2011 census. Table 1: Schedule of Census 2011

Schedule State/UT
April 1 New Delhi (NDMC area), West Bengal, Assam,  Andaman & Nicobar Islands, Goa, Meghalaya, Bihar, Jharkhand
April 7 Kerala, Lakshadweep, Orissa, Himachal Pradesh, Sikkim
April 15 Karnataka, Arunachal Pradesh, Chandigarh
April 21 Gujarat, Dadra & Nagar Haveli, Daman & Diu
April 26 Tripura, Andhra Pradesh
May 1 Haryana, Chhattisgarh, Delhi, Punjab, Uttaranchal, Maharashtra
May 7 Madhya Pradesh
May 15 J & K, Manipur, Mizoram, Rajasthan, Uttar Pradesh
June 1 Tamil Nadu, Puducherry, Nagaland

In recent news reports there have been deliberations on whether there is a possibility of appealing a central government decision on forest clearances.  In this context, the National Green Tribunal (NGT) has directed states to comply with the statutory requirement of passing an order notifying diversion of forest land for non-forest purposes.  It has also held that it can hear appeals from the orders of state governments and other authorities on forest clearances. The NGT was established in 2010 to deal with cases relating to environmental protection, and conservation of forests and other natural resources.  The need was felt to have a mechanism to hear appeals filed by aggrieved citizens against government orders on forest clearances.  For instance, the NGT can hear appeals against an order of the appellate authority, state government or pollution control board under the Water (Prevention and Control of Pollution) Act, 1974. How is a forest clearance obtained? Obtaining a forest clearance is a key step in the process of setting up a project.  Recently the Chhatrasal coal mine allotted to Reliance Power's 4,000 MW Sasan thermal power project in Madhya Pradesh has received forest clearance.  The Ministry of Environment and Forests (MoEF) first gives ‘in-principle’ approval to divert forest land for non-forest purposes based on the recommendations of the Forest Advisory Committee.  This approval is subject to the project developer complying with certain conditions.  Once these conditions are complied with, the central government issues the final clearance.  It is only after this clearance that the state government passes an order notifying the diversion of forest land.  The NGT’s decision deals with this point in the process during which an appeal can be filed against the order of forest clearance.  For the flowchart put out by the MoEF on the procedure for obtaining a forest clearance, see here. What was the NGT’s ruling on forest clearances? The NGT was hearing an appeal against a forest clearance given by the MoEF to divert 61 hectares of forest land for a hydroelectric project by GMR in Uttarakhand.  The NGT has ruled  that it does not have the jurisdiction to hear appeals against forest clearances given to projects by the MoEF.  However, the NGT has the power to hear appeals on an order or decision made by a state government or other authorities under the Forest (Conservation) Act, 1980.  The judgment observed that though Section 2 of the Forest (Conservation) Act, 1980 requires that state governments pass separate orders notifying the diversion of land, this requirement is not being followed.  The NGT has directed that state governments pass a reasoned order notifying the diversion of the forest land for non-forest purposes, immediately after the central government has given its clearance.  This will allow aggrieved citizens to challenge the forest clearance of a project after the state government has passed an order.  Additionally, the NGT has also directed the MoEF to issue a notification streamlining the procedure to be adopted by state governments and other authorities for passing orders granting forest clearance under section 2 of the Forest (Conservation) Act, 1980. There are some concerns that an appeal to the NGT can only be made after the state government has passed an order notifying the diversion of forest land and significant resources have been invested in the project. What is the status of applications for forest clearances made to the MoEF? The MoEF has given approval to 1126 proposals that involve the diversion of 15,639 hectares of forest land from July 13, 2011 to July 12, 2012.  The category of projects accorded the most number of approvals was road projects (308) followed by transmission lines (137).  Some of the other categories of projects that received clearance for a significant number of projects were mining, hydel and irrigation projects.  However, most land was diverted for mining related projects i.e., 40% of the total forest land diverted in this period.  Figure 1 shows a break up of the extent of forest land diverted for various categories of projects.  The number of forest clearances pending for decision by the MoEF for applications made in the years 2012, 2011 and 2010 are 197, 129 and 48 respectively. [i]

Source: “Environmental Clearance accorded from 13.07.2011 to 12.07.2012”, October 12, 2012, MoEF.

 

  [1] MoEF,  Rajya Sabha, Unstarred Question no. 2520, September 4, 2012