What Happened?
- The Supreme Court of India, in a recent ruling related to the Forest Rights Act, 2006 (FRA), upheld the power of the state to evict forest dwellers whose claims to forest land have been rejected after due process.
- The ruling has sparked concerns about mass displacement, procedural fairness, and the future of tribal and forest-dwelling communities.
Background: The Forest Rights Act, 2006
| Provision | Details |
|---|---|
| Objective | To recognize and vest forest rights and occupation in forest land to forest-dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs) |
| Key Rights | Individual Forest Rights (IFR), Community Forest Rights (CFR), right to manage and conserve forest resources, right to reside in forest land |
| Governance Mechanism | Gram Sabha, Sub-Divisional Level Committee (SDLC), District Level Committee (DLC) handle claims and verifications |
Key Observations of the Supreme Court
- Eviction After Due Process
- The Court observed that once forest rights claims are rejected after due process, states are obligated to evict encroachers, in line with forest conservation goals.
- Procedural Safeguards Reaffirmed
- The Court reiterated that eviction cannot take place without completing the legal process, including opportunities for appeal and verification.
- Balance Between Conservation and Rights
- The Court called for a balanced approach between protecting forest ecology and upholding constitutional protections for forest dwellers under Article 21 (Right to Life) and Article 300A (Right to Property).
Concerns Raised
- Displacement Risks
- Over 1.9 million forest-dwelling families whose claims have been rejected may face eviction across India.
- Faulty Claim Rejections
- Reports from CAG and civil society groups suggest procedural lapses, lack of Gram Sabha consent, and missing documentation in many claim rejections.
- Marginalization of Tribals and OTFDs
- Evictions without ensuring proper rehabilitation violate the spirit of the FRA, which was enacted to correct historical injustices.
- Community Forest Rights Overlooked
- The judgment may discourage recognition of Community Forest Resource (CFR) rights under Section 3(1)(i), crucial for forest governance and livelihoods.
Government and Civil Society Response
- Ministry of Tribal Affairs (MoTA) has advised states to review all rejected claims and ensure due process, especially in vulnerable tribal areas.
- NGOs and tribal rights groups are urging moratoriums on eviction until re-verification is complete.
- Petitions for review/modification of the order are being considered by the apex court.
UPSC Relevance
Prelims:
- Forest Rights Act, 2006 – key provisions and committees
- Role of Gram Sabha
- Articles 21 and 300A of the Constitution
Mains – GS Paper II & III:
- Welfare of Scheduled Tribes and forest-dwelling communities
- Environmental governance vs. rights-based development
- Role of judiciary in policy implementation