Encroached Upon
Down To Earth|March 16, 2019

Thirteen years aft er a historic law was formulated to give forest dwellers legal ownership of their traditi th onal land, their fate still hangs in the balance.A recent Supreme Court verdict, which almost made their eviction imminent, has brought the focus back on the tedious righhts recognition process under the Forest Rights Act, 2006.

ISHAN KUKRETI reports from Madhya Pradesh, Chhattisgarli and Delhi, with inputs from PRIYA RANJAN SAHU in Odisha

Ishan Kukreti
Encroached Upon

ON FEBRUARY 13, India’s forest dwellers were left undefended as the threat of an eviction from their habitation hovered over them. The Supreme Court, hearing a petition filed by wildlife conservationists and former forest department officials, directed state governments to evict “encroachers” or the “illegal” forest dwellers. In the court room, one could see the aggressive petitioners, but not the defenders. The case was all about a Parliamentary Act, but its official defender, the state, had made a quiet exit.

The verdict’s unsettling message had a ricochet effect in the country’s forests, home to some 8 per cent of the country’s population. Close to 2 million forest dwellers faced imminent eviction from areas that were their only home (see “Forced out of forest”, p34).

Ironically, the order emanated from a case on the validity of the Forest Rights Act (FRA), which for the first time, 13 years ago, granted tribal communities the right of settlement in forest areas. Till then, they were “encroachers”. But getting legal right included an official process of settling them. Considering that 13 years is a long time to complete the official trail, the apex court inferred that people whose settlement rights had not been accepted must be evicted. It also ordered states to give a report on the action taken against the claimants whose claims had been rejected.

Immediately after the judgement, forest dwellers across the country came out in the streets to protest. Their target was not the apex court, but the government. As expected in the time of elections, political parties joined the chorus, and the ruling Bharatiya Janata Party came under fierce attack. After 15 days, on February 28, the Ministry of Tribal Affairs (mota), the nodal agency to implement FRA, intervened with a review petition. The apex court stayed its own order.

Esta historia es de la edición March 16, 2019 de Down To Earth.

Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.

Esta historia es de la edición March 16, 2019 de Down To Earth.

Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 9,000 revistas y periódicos.

MÁS HISTORIAS DE DOWN TO EARTHVer todo
A SPRIG TO CARE FOR
Down To Earth

A SPRIG TO CARE FOR

Punarnava, a perennial herb, is easy to grow and has huge health benefits

time-read
3 minutos  |
November 01, 2024
DIGGING A DISASTER
Down To Earth

DIGGING A DISASTER

Soapstone mining near Dabti Vijaypur village has caused many residents to migrate.

time-read
2 minutos  |
November 01, 2024
REVIEW THE TREATMENT
Down To Earth

REVIEW THE TREATMENT

Several faecal sludge treatment plants in Uttar Pradesh suffer from design flaws that make the treatment process both expensive and inefficient

time-read
3 minutos  |
November 01, 2024
MAKE STEEL SUSTAINABLE
Down To Earth

MAKE STEEL SUSTAINABLE

As India works to double its GDP by 2030, its steel industry must balance growth with sustainability. By embracing policies like the Steel Scrap Recycling Policy 2019 and adopting green technologies, India is paving the way for a more sustainable future in steel production

time-read
4 minutos  |
November 01, 2024
Can ANRF pull off the impossible for India?
Down To Earth

Can ANRF pull off the impossible for India?

Anusandhan National Research Foundation is expected to reorient India's innovation goals but funding issues, old mindsets remain a drag

time-read
4 minutos  |
November 01, 2024
TROUBLED WOODS
Down To Earth

TROUBLED WOODS

Forests are a great bulwark against climate change. But this is fast changing. AKSHIT SANGOMLA travels through some of the pristine patches of the Western Ghats to explore how natural disturbances triggered by global warming now threaten the forest health

time-read
10+ minutos  |
November 01, 2024
BLINDING GLOW
Down To Earth

BLINDING GLOW

The science is clear: increased illumination has damaging consequences for the health of humans, animals and plants. It’s time governments introduced policies to protect the natural darkness and improved the quality of outdoor lighting.

time-read
10+ minutos  |
November 01, 2024
GROUND REALITY
Down To Earth

GROUND REALITY

What happens when the soil loses the ability to grow healthy, high-yield crops on its own?

time-read
6 minutos  |
November 01, 2024
GM POLICY MUST BE FARMER CENTRIC
Down To Earth

GM POLICY MUST BE FARMER CENTRIC

On July 23, the Supreme Court of India directed the Union government to develop a national policy on genetically modified (GM) crops for research, cultivation, trade and commerce through public consultation.

time-read
6 minutos  |
November 01, 2024
Vinchurni's Gandhi
Down To Earth

Vinchurni's Gandhi

A 96-year-old farmer transforms barren land into a thriving forest in drought-prone region of Satara

time-read
2 minutos  |
November 01, 2024