The Ministry of Tribal Affairs (MoTA) has clarified that wildlife clearance is not automatically required for constructing essential public facilities such as schools, anganwadis, health centres, and roads on forest land under the Forest Rights Act (FRA), 2006—provided these projects are recommended by the Gram Sabha.

This clarification was issued via an office memorandum dated July 2. “Section 3(2) of the FRA states that, notwithstanding anything contained in the Forest (Conservation) Act, 1980, the Central government shall provide for diversion of forest land for facilities... on forest land. The clearance of such a developmental project shall be subject to the condition that the Gram Sabha recommends the same,” the memorandum stated.

The clarification counters a 2020 letter from the Ministry of Environment, Forest and Climate Change (MoEF&CC), which had interpreted Section 13 of the FRA as requiring wildlife clearance even for basic infrastructure under Section 3(2). MoTA emphasised that Section 3(2) is constitutionally grounded, citing Articles 14, 19(1)(e), and 21, along with the Fifth and Sixth Schedules.