Free, prior and informed consent
Also called: FPIC · Topic: Special Provisions, Scheduled and Tribal Areas · NCERT: Beyond NCERT
Meaning
Free, prior and informed consent (FPIC) is the rule that tribal people and local communities must agree before a project touches their land, forests or knowledge. "Free" means no pressure or threats. "Prior" means they agree before work starts, not after. "Informed" means they get full and honest information first. The Constitution does not use the term. In India the idea works mainly through the gram sabha, the meeting of all voters of a village. Under the Forest Rights Act 2006, the gram sabha starts and checks forest-rights claims. Section 41 of the RFCTLARR Act 2013 says land in Scheduled Areas cannot be acquired without gram sabha consent. FPIC matters because it lets the people who would lose their land or forest decide, not just the government or a company.
Example
In the Niyamgiri case (Orissa Mining Corporation v. MoEF, 18 April 2013), the Supreme Court held that gram sabhas must decide whether bauxite mining would harm the religious and forest rights of the Dongria Kondh. All twelve gram sabhas rejected the project. The Environment Ministry then refused clearance in January 2014. The case is seen as India's model for FPIC.
Don't confuse with
- Consultation: to consult means only to ask for views, and the government may still go ahead. Consent means the community can say no. For example, PESA 1996 requires the gram sabha to be consulted before land acquisition, while the RFCTLARR Act 2013 requires its consent in Scheduled Areas.