The Request alleges that the Project has led to the deterioration of women’s access to community forests, denial of their constitutional and cultural rights to access the forest resources, and this has led to negative impacts on women’s livelihoods and incomes. They add that the Project has resulted in serious lapses in accountability and compliance with national law and has fallen short of fulfilling restoration of biodiversity and livelihoods of Indigenous Peoples. The Request alleges that several constitutional violations, and conceptual and methodological flaws in the implementation of the Project occurred in six villages of Bhaura range, Madhya Pradesh. The Request stated that the project's implementation did not follow the constitutional mandates, specifically the Forest Rights Act, 2006 which mandates the formal recognition and allocation of both individual and collective rights over forest lands occupied before the year 2006. It alleges that the failure to address these rights as required by the Act is a violation of the legal provisions set forth in both the Panchayats (Extension to Scheduled Areas) Act (PESA) and the Forest Rights Act (FRA) of India. Furthermore, it adds that the Project has no functional grievance redress mechanism for the Project-affected communities. It also alleges that the Project, rather than bringing development or ecological restoration to women, has negatively impacted their rights and livelihoods.
While acknowledging the seriousness of the concerns raised in the Request, the Panel noted that the Project was closed at the time it was received. According to the Panel’s Resolution, the Panel shall not hear Requests filed after the project’s closing date for projects approved before September 8, 2020. Therefore, in light of the foregoing, in accordance with the Panel Resolution and its Operating Procedures, and after reviewing the information gathered through its own due diligence, the Panel is not registering this Request for Inspection.
