Skip to main content

Whose bogus claims? Anti-forest rights petitioners' arguments "misleading"

Counterview Desk
The forest rights organization, Campaign for Survival and Dignity (CSD), claiming to have presence in a dozen states, has strongly contested the statement issued by Wildlife First's Praveen Bhargav "on behalf of" petitioners in Writ Petition 109 of 2008 -- -- in defence of the recent Supreme Court order, which, they said, is being wrongly interpreted as underling the Forest Rights Act.
The statement issued on behalf of petitioners Kishor Rithe, Nature Conservation Society, and Harshwardhan Dhanwatey, Tiger Research and Conservation Trust, claims, the Supreme Court has only focused on "recovery of forest land from bogus claimants whose claims stand rejected".
It insists, "It has not directed any action in its order against lakhs of claimants who have been granted titles over a whopping 72.23 lakh hectares of forest land as per the September 2018 official statement of Ministry of Tribal Affairs (MoTA)."

Text of the CSD note:

In the wake of the uproar over the recent Supreme Court hearing, where the BJP government’s silence resulted in an order to evict over a million families, the petitioners in that case have released another misleading statement to justify their actions.
The petitioners also declare that every single claimant whose claim has been rejected under this law is a “bogus claimant.” This flies in the face of the government’s own findings, which state that many rejections were illegal and not in accordance with law (see for instance here, here, or here).
The petitioners then go on to contradict their own statement by saying that 14,77,993 claims were ‘rejected’ at the gram sabha level (in practice these rejections are often illegal interventions by forest officials); but any such rejection at the gram sabha level, by definition, can be appealed twice and can hardly be considered final.
The petitioners expect that an oppressed, marginalised and often illiterate population, facing opposition from a forest bureaucracy riddled with corrupt officials, should be able to prevail on every claim they file – and if not should lose their lands, homes or livelihoods.
This flies in the face of the basic principle that rejection of a claim is not a ground for believing a person has no rights. Indeed, the same principle is hardly applied to corporates – even when they directly violate environmental law.
The petitioners then make a set of other misleading statements. They cite the Saxena Committee report but do not refer to its scathing findings on illegal interference by forest officials. They ignore all the ample reports on forest officials’ attempts to deny people their rights.
They are equally disingenuous about their own actions. They do not mention that they never filed any actual application seeking eviction of rejected claimants, and they do not explain how this has anything to do with the constitutionality of the Forest Rights Act (which was their ostensible reason for going to court).
They do not mention that the majority of the petitioners are retired forest officials themselves – with a vested interest in denying rights. They ignore the fact that the FRA provides not only for rights over land but also for rights to protect and conserve forests – rights which they are clearly not interested in at all.
Indeed, most of all, they ignore the fact that their actions fly in the face of conservation tenets worldwide. Thousands of communities in India are protecting forests, and many use the FRA to do so.
The rights of local and indigenous communities in conservation are now a part of international law. All major international and Indian conservation organisations now agree that respecting the rights of local communities is an integral part of conservation.
This is why, in 2014, many of India’s conservationists and conservation scientists argued that this Supreme Court case “seeks to turn the clock back”, and asked the petitioners to recognise that “across the country a significant force that has stopped this resource loot is local communities fighting to protect their natural resources and habitats, often by using the FRA. Your petition seeks to gravely undermine one of their primary weapons.”
But these appeals fell on deaf ears, and the result is the tragedy facing us today.
---
*Campaign for Survival and Dignity

Comments

TRENDING

Rushdie, Pamuk, 260 writers tell Modi: Aatish episode casts chill on public discourse

Counterview Desk
As many as 260 writers, journalists, artists, academics and activists across the world, including Salman Rushdie, British Indian novelist, Orhan Pamuk, Turkish novelist and recipient of the 2006 Nobel Prize in literature, and Margaret Atwood, Canadian poet and novelist, have called upon Prime Minister Narendra Modi to review the decision to strip British Indian writer Aatish Taseer of his overseas Indian citizenship.

Church in India 'seems to have lost' moral compass of unequivocal support to the poor

By Fr Cedric Prakash SJ*
In 2017, Pope Francis dedicated a special day, to be observed by the Universal Church, every year, as the ‘World Day of the Poor’. This year it will be observed on November 17 on the theme ‘The hope of the poor shall not perish for ever’; in a message for the day Pope Francis says:

Visually challenged lady seeks appointment with Gujarat CM, is 'unofficially' detained

By Pankti Jog*
It was a usual noon of November 10. I got a phone call on our Right to Information (RTI) helpline No 9924085000 from Ranjanben of Khambhat, narrating her “disgraceful” experience after she had requested for an appointment with Gujarat chief minister Vijay Rupani. She wanted to meet Rupani, on tour of the Khambhat area in Central Gujarat as part of his Janvikas Jumbesh (Campaign for Development).

There may have been Buddhist stupa at Babri site during Gupta period: Archeologist

By Rajiv Shah
A top-notch archeologist, Prof Supriya Varma, who served as an observer during the excavation of the Babri Masjid site in early 2000s along with another archeologist, Jaya Menon, has controversially stated that not only was there "no temple under the Babri Masjid”, if one goes “beyond” the 12th century to 4th to 6th century, i.e. the Gupta period, “there seems to be a Buddhist stupa.”

Gujarat refusal to observe Maulana Azad's birthday as Education Day 'discriminatory'

By Our Representative
The Gujarat government decision not to celebrate the National Education Day on !monday has gone controversial. Civil society organizations have particularly wondered whether the state government is shying away from the occasion, especially against the backdrop of "deteriorating" level of education in Gujarat.

VHP doesn't represent all Hindus, Sunni Waqf Board all Muslims: NAPM on SC ruling

Counterview Desk
India's top civil rights network, National Alliance of People’s Movements (NAPM), even as describing the Supreme Court's Ayodhya judgement unjust, has said, it is an "assault on the secular fabric of the Constitution". In a statement signed by top social workers and activists, NAPM said, "The judgement conveys an impression to Muslims that, despite being equal citizens of the country, their rights are not equal before the law."

Violent 'Ajodhya' campaign in 1840s after British captured Kabul, destroyed Jama Masjid

Counterview Desk  Irfan Ahmad, professor at the Max Planck Institute for the Study of Religious and Ethnic Diversity, Göttingen, Germany, and author of “Islamism and Democracy in India” (Princeton University Press, 2009), short-listed for the 2011 International Convention of Asian Scholars Book Prize for the best study in Social Sciences, in his "initial thoughts" on the Supreme Court judgment on the Babri-Jam Janmaboomi dispute has said, while order was “lawful”, it was also “awful.”