Forest Rights In India
In the colonial era, the British diverted abundant forest wealth of the nation to meet their economic needs.
- While procedure for settlement of rights was provided under statutes such as the Indian Forest Act, 1927, these were hardly followed.
- As a result, tribal and forest-dwelling communities, who had been living within the forests in harmony with the environment and the ecosystem, continued to live inside the forests in tenurial insecurity, a situation which continued even after independence as they were marginalized.
- The symbiotic relationship between forests and forest-dwelling communities found recognition in the National Forest Policy, 1988.
- The policy called for the need to associate tribal people in the protection, regeneration and development of forests.
- The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, was enacted to protect the marginalized socio-economic class of citizens and balance the right to environment with their right to life and livelihood.
SUPREME COURT ORDER 2019
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On February 13, the Supreme Court ordered the eviction of lakhs belonging to the Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) categories across 16 States, whose claim as forest-dwellers has been rejected under the Forest Rights Act.
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On February 28, the court stayed its order, though it said “the mighty and the undeserving” who have encroached on forest land would be shown no mercy.
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It has decided to examine whether due process was followed by the gram Sabha and the States under the Forest Rights Act before the claims were rejected.