India’s Supreme Court recently handed down a ruling that has the potential to significantly impact the lives of over one million tribal and other forest-dwelling households across 16 states. The ruling ordered the eviction of these residents after their claims as forest dwellers were rejected under the Forest Rights Act of 2006. The verdict was delivered by a three-judge bench who also directed the Chief Secretaries of many of these states to proceed with the evictions.
Understanding The Forest Rights Act
The Forest Rights Act, instituted in 2006, mandates the government return traditional forestlands rights to tribals and other forest-dwellers. Under the Act, forest dwellers can make formal claims to land, which are then either approved or denied by authorities based on set criteria outlined in the law and regulations. There’s provision for multiple appeals if a claim is rejected.
The recent Supreme Court orders were given in response to a case filed in 2009 by wildlife groups and retired forest officers. The case initially challenged the constitutional validity of the Forest Rights Act and later expanded to demand eviction of those whose claims had been denied, labeling them as encroachers.
The Impact and Concerns Raised
Several activists have spoken out against the ruling, stating that it highlights the forest department officials’ inaction in granting forest rights to the tribals and providing essential documents such as land rights documents and identity cards. Specifically, the tribal settlements in the Eastern Ghats have reportedly not received forest rights patta, potentially putting them at risk of eviction due to the apathy from forest department officials.
| Tribal Settlers In India | State |
|---|---|
| Eastern Ghats | Andhra Pradesh, Orissa, Tamil Nadu |
| Bastar | Chhatisgarh |
| Dangs | Gujarat |
Overview Of The Forest Rights Act, 2006
Introduced to address what had been described as a “historic injustice”, the Forest Rights Act (FRA) of 2006 was aimed at correcting decades of rights denied to the tribals and forest dwellers due to colonial forest laws in the country.
The FRA acknowledges three types of rights for forest-dwelling communities. These include Individual rights such as occupation and cultivation, Community rights that cover activities like grazing, fuel-wood collection, fishing, ownership and disposal of non-timber forest produce, and rights to protect, regenerate, conserve and manage community forest resource (CFR) areas.
Of all these provisions, the recognition of CFR rights stands out because it restores control over the governance of forests from the forest department to Gram Sabha’s, thereby democratising the nation’s colonial forest governance as a whole.
The Act further empowers Grama Sabhas, small ward-level committees, with executive and judicial power in determining the rights of the tribals. These sabhas are the primary tier for recognising and recommending the rights of tribal hamlets, followed by Sub-Divisional Level Committees (SDLC), and then by District-Level Committees (DLCs).
