Persons Removing Invasive Species Like Seemai Karuvelam Can't Be Brought Under MGNREGA Scheme: Centre Tells Madras High Court

The Central Government on Monday informed the Madras High Court that the benefits of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) 2005, cannot be applied in the removal of invasive and exotic species from the Western Ghats area. The bench of Justice V Bharatidasan and Justice N Sathish Kumar was considering a batch of pleas for the protection of the Western Ghats area. When the matter was taken up earlier, the court considered the possibility of including the uprooting of invasive species under the MGNREGA Scheme. It was discussed that afforestation is covered under Category I, Clause 4 of Schedule 1 of The MGNREGA 2005. It was also informed that deforestation in the process of afforestation would also be covered under the Act. The court had also discussed the possibility of including people from the tribal community living in the area under the MGNREGA scheme and sought a response from the government.Full Bench Of Madras High Court Directs State To Find Out Best Practices For Removal Of Seemai Karuvelam Trees When the matter came up on Monday, AAG J Ravindran submitted that it was the Central government that disbursed funds for carrying out the program under the Scheme, and hence the decision was to be taken by the Central Government. Additional Solicitor General Sankara Narayanan submitted that though Afforestation, tree plantation, and horticulture in community and individual land are permissible activities under the Act that do not require special permission, removal of Prosopis Juliflora (Seemai Karuvelam), removal of invasive plants and exotic species are not permitted works as per Schedule -1 of the MGNREGA Act. He further highlighted that under Schedule I, para 4(3) the Act clearly specifies that "Works, which are non – tangible, not measurable, repetitive such as, removing grass, pebbles, agricultural operations, shall not be taken up".Last week, the Court had asked the Centre to clarify its stand on the issue. On Monday, the Bench said it will pass a positive direction for their inclusion anyway. Mahatma Gandhi National Rural Employment Guarantee Act 2005 The Mahatma Gandhi National Rural Employment Guarantee Act aims at enhancing the livelihood security of people in rural areas by guaranteeing hundred days to a rural household whose adult members volunteer to do unskilled manual work. According to the act, the core objectives of the scheme are: (a)Providing not less than one hundred days of unskilled manual work as guaranteed employment in a financial year to every household in rural areas as per demand, resulting in the creation of productive assets of prescribed quality and durability.(b)Strengthening the livelihood resource base of the poor(c)Proactively ensuring social inclusion; and(d)Strengthening Panchayat Raj institutions; Schedule I of the Act provides for the Minimum Features of a Rural Employment Guarantee Scheme. Part 4 of the Schedule categorizes the focus area of the scheme into Public works relating to natural resource management; Community assets or individual assets for vulnerable section (Only for Households in paragraph 5); Common infrastructure (including for NRLM) compliant self-help groups; Rural Infrastructure. The Schedule further provides that the order of priority of works shall be determined by each Gram Panchayat in the meetings of the Gram Sabha keeping in view the potential of the local area, its needs, local resources, and in accordance with the provisions of Paragraph 9.Paragraph 4(3) further states that works which are non-tangible, not measurable, repetitive such as, removing grass, pebbles, agricultural operations, shall not be taken up.Case Title: M. Saravanan Malaichamy v. The Principal Secretary and Others Case No: WMP (MD) No. 5461 of 2022 in WP(MD) No. 3633 of 2014

Persons Removing Invasive Species Like Seemai Karuvelam Can't Be Brought Under MGNREGA Scheme: Centre Tells Madras High Court

Upasana Sajeev

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