Skip to main content

Forest rights: Supreme Court Feb 28 stay temporary, BJP govts "supporting" corporates

Counterview Desk
On February 28, the Supreme Court stayed its two-weeks-old order directing 21 states to evict 11.8 lakh illegal forest dwellers whose claims over the forest land have been rejected by the authorities, but civil society organizations believe it is a temporary reprieve, as state governments have been asked to file affidavits giving details about process adopted in rejecting the claims.
Insisting that it is a temporary stay, as the apex court posted the matter for further hearing on July 10, the New Trade Union Initiative (NTUI) has demanded that the Government of India and state government should take “immediate” steps to stop to all evictions in forest areas and dilutions of the clauses of the Forest Rights Act by the governments, even as reviewing of all the rejected claims for forest rights under the FRA within three months.

NTUI note by its general secretary Gautam Mody:

On February 13, 2019, the Supreme Court of India (SC) in a case filed by some retired forest officials, along with four ‘wild life conservation’ organisations – the Wildlife Trust of India, the Nature Conservation Society, the Tiger Research and Conservation Trust and the Bombay Natural History Society – challenged the constitutional validity of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA), ordered 21 state governments to evict all claimants whose claims have been rejected.
This order could be used to evict and displace over 19 lakh households of forest people. The Wildlife Trust of India has been involved in buying land used for agriculture to establish an elephant corridor with the support of the Forest Department in Karnataka thereby displacing families from lands including non-forest lands to create passage for animals.
They have been involved in similar efforts in Kerala, Meghalaya and in Assam. The BJP government at the centre had absented itself from the proceedings and in so doing affirmed its support for the conservationist lobby and its opposition to the land rights of forest dwellers.
On February 28, the SC stayed this order and asked state governments to report on how claims were processed. 20.5 lakh claims have been rejected, according to state government affidavits. The numbers are disputed, not indicative of compliance with appellate procedures and have been criticized by numerous organisations including the Ministry of Tribal Affairs.
The FRA recognizes the role of forest dwellers in “…conservation of biodiversity and maintenance of ecological balance and thereby strengthening the conservation regime of the forests while ensuring livelihood and food security of the forest dwelling” people while the present policy thrust is to pitch them against the cause of wildlife protection.
Parallel dilution of rights
The BJP government has consistently diluted the FRA through its tenure. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014 and the National Forest Policy, 2018 both tried to subvert the role of the Gram Sabha under the FRA while amendments to the Mines and Minerals (Development and Regulation) Act, the Compensatory Afforestation Fund Act and a host of amendments to the Rules to FRA all undermine FRA.
State governments have also resorted to undermining the FRA by invoking the Indian Forest Act 1927. States have also framed legislation and rules such as the Maharashtra Village Forest Rules, 2014 and Protected Forest Rules in Madhya Pradesh and the amendments to the Chotanagpur Tenancy Acts and Santhal Pargana Tenancy Acts in Jharkhand.
The Forest Department has used the claim recognition requirements and procedure required under the FRA to deny or delay claims while not allowing the process of appeals to proceed. To worsen the situation, forest department officials and police have continue to harass claimants; burn down forest villages, foist false cases on people living traditionally in the forests and resorting to violence against them.
Why are the claims rejected?
The rejection of the claims that has continued across the country is rooted in the issue of control over the natural resources: the FRA was a legislative attempt to ensure collective ownership of the forest dwellers over the forests and its minor produce while the Forest Department, created under colonial rule, was never willing to give up their control over the forests.
There is both financial interest in this and this is also seen as a necessity to establish control over the people in order natural resources at the disposal of capital. This conflict has existed despite the law and hence its implementation by the forest department has been dismal.
In making the forest department the implementing agency, there is an inherent conflict of interest. Even according to the Ministry of Tribal Affairs, most state governments have attributed the high rate of rejection of forest rights claims largely to duplication of claims -- either by one forest dweller making multiple claims or persons from the same family making separate claims. This duplication obviously occurs due to the huge delays in processing these claims.
Over 45% of forest rights claims countrywide are rejected. The reasons for rejection are not cited and hence it also becomes impossible to appeal against it. The people living in the forests – mostly Adivasis – are the most vulnerable people of this country, expecting them to have the resources to pursue the appeal process where the forest department challenging the claim is on the body of appeal is extreme.
The February 28 stay order is only a temporary relief – the entire parallel policy effort of the BJP government both at the centre and in the states to dismantle the rights under the FRA continues undeterred. This dilution is necessary to ensure access of big corporations to the natural resources, especially mines in these forest areas.
The forest people residing in these areas across the country have waged a continuous struggle against commercial exploitation of the forests. It is they who protect the forests as recognized by the FRA and hence the attack on them and the law that protects them.
The NTUI stands with the forest working people in our collective struggle for rights to livelihood and in protecting our natural resources and our environment. We demand:
  • An immediate stop to all evictions in forest areas
  • An immediate stop to the dilution of the clauses of the Forest Rights Act by the central government and state governments
  • Review of all rejected claims for forest rights under the FRA within three months
  • A time-bound processing of claims under the FRA
  • Removal of the Forest Department from the Appellate body for review of claims: government to be represented only by the Ministry of Tribal Affairs along with representatives of the Gram Sabha.

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Overriding India's constitutional sovereignty? Citizens urge PM to reject WHO IHR amendments

By A Representative   A group of concerned Indian citizens, including medical professionals and activists, has sent an urgent appeal to Prime Minister Narendra Modi, urging him to reject proposed amendments to the International Health Regulations (IHR) before the ratification deadline of July 19, 2025. 

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.