Skip to main content

If implemented, Supreme Court order would "threaten" conservation, climate, tigers

Counterview Desk
The Rights and Resources Initiative (RRI), a global coalition of more than 200 organizations dedicated to advancing the forestland and resource rights of indigenous peoples, local communities, and rural women, has said in statement issued from Washington DC that evicting millions of indigenous and local peoples from their forest homes – as ordered by Indian Supreme Court – might prove to be “highly detrimental to conservation in India”.
Pointing out that “conservation organizations and rights groups agree: the decision threatens conservation, climate, and tigers”, RRI, quoting UN Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz, regrets, “This is a phenomenon seen around the world. Indigenous peoples and local communities are treated as squatters when in fact the lands belong to them, and they have protected and stewarded their holdings for generations.”

Text of the RRI statement:

The Indian Supreme Court decision in February to remove millions of forest-dwelling people in five months will not only have devastating human rights implications but also hurt the global struggle to save forests and mitigate climate change, according to numerous experts. Even though implementation of the decision has been placed on hold until July, the homes of millions remain under threat.
“We do not regard this order as pro-conservation. On the contrary, it is a real setback for conservation in India,” over 30 Indian conservationists said in a statement that has also been endorsed by hundreds of experts from around the world. “The rights of local communities are an integral part of any sustainable and just model of conservation, as is now recognized in international law. Furthermore, the Forest Rights Act not only recognizes these rights, it also legally empowers communities to protect their forests and wildlife as well. It is the first and only law in India that gives those who live in and with forests the power to protect them.”
“The basic premise of this ruling, which treats tribal peoples as illegal residents of the forest, is wrong—Indigenous Peoples are the owners of their lands and forests,” added UN Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz. “This is a phenomenon seen around the world. Indigenous peoples and local communities are treated as squatters when in fact the lands belong to them, and they have protected and stewarded their holdings for generations.”
The landmark Forest Rights Act of 2006 recognized the rights of communities in India to own and manage their forests, laying the groundwork for recognition of at least 34.6 million hectares of land for 150 million people – yet barely 10 percent of that potential has been realized.
National wildlife conservation groups brought a petition to the Supreme Court seeking to invalidate the Act, claiming this was necessary to protect wildlife and forests. On February 20, the Supreme Court ordered the time-bound eviction of 1.1 million families whose claims under the Forest Rights Act had been rejected by the authorities. The ruling could affect at least 10 million people directly, and persuade tens of millions more not to apply for their rights under the Act. Although the Supreme Court has put a temporary stay on the evictions, millions of peoples’ lives have been thrown into limbo by the court decision.
The Nature Conservation Foundation in India said in a statement that, “We believe that the recent Supreme Court order is likely to adversely affect a large number of people with genuine claims but whose claims currently stand rejected. Apart from devastating their lives, it is likely that the order will ultimately prove highly detrimental to conservation in India by further alienating potential allies and by strengthening the false notion that conservation can be carried out only by excluding forest-dwelling peoples.”
Although only a small percentage of the FRA’s potential has been realized, there is growing evidence that where rights are recognized, Indigenous Peoples and local communities are conserving India’s precious forests and biodiversity and opposing destructive extraction projects. Indeed, while many conservation areas in India are established to protect tigers, research shows that the presence of Indigenous Peoples can actually improve tiger populations.
“The FRA also represents a core strategy for mitigating climate change and meeting India’s commitments under the Paris Agreement, as community rights recognition under the FRA has already led to an upsurge in community-led conservation and restoration of forests,” said RRI’s Asia Director Kundan Kumar, citing the Centre for Science and the Environment’s publication “People’s Forest” as an example of documentation of such efforts .
“For generations, India’s tribal peoples have lived in harmony with the country’s wildlife, protecting and managing vital natural resources. It is because of their sustainable stewardship that India still has forests worth conserving. To truly protect wildlife, recognizing the rights of forest guardians would be a far more effective strategy than rendering them homeless,” added Tauli-Corpuz.
“Ultimately, this order is a dangerous step towards denying the rights of those who live in and around forests, and can be the true guardians of our precious natural heritage,” said Professor Bhaskar Vira of the University of Cambridge. “If this eviction is carried out, it will cause massive conflicts that will undoubtedly be detrimental to conservation.”
Insecure land rights have already led to significant conflicts in the country: an analysis of 289 land-related conflicts in India in 2015 found that these conflicts have impacted 3.2 million people and put at risk investments worth over US$179 billion.
“The fortress model of wildlife conservation—which assumes that people and nature cannot coexist—does not heal the planet. It hurts both the planet and its people,” said Prakash Kashwan, Associate Professor of political science at University of Connecticut. “The rights of indigenous and forest-dependent peoples must be protected because they have lived on these lands for generations and because there is wide ranging evidence to show that they are the best stewards of forests, biodiversity, and wildlife.”
Where Indigenous Peoples and local communities have secure rights, deforestation rates are lower and carbon storage higher. This critical contribution is recognized by major conservation organizations such as the International Union for Conservation of Nature (IUCN). IUCN’s Standard on Indigenous Peoples endorse the concept that communities must give consent for any projects on their lands and cannot be forcibly relocated.
Yet Indigenous Peoples and local communities only have secure legal ownership rights to 10 percent of the world’s land, despite have customary rights to at least 50 percent. This gap drives human rights violations, food insecurity, and the destruction of local livelihoods and cultures.
“The conservation justification for this ruling is colonial and shocking to witness in this day and age, especially in the world’s largest democracy. The Modi government needs to either pass new legislation that alleviates the need for these evictions or petition the court to reverse its decision, and accelerate the recognition of tribal and scheduled caste community land rights across the country,” said RRI Coordinator Andy White.

Comments

TRENDING

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

Election bells ringing in Nepal: Can ousted premier Oli return to power?

By Nava Thakuria*  Nepal is preparing for a national election necessitated by the collapse of KP Sharma Oli’s government at the height of a Gen Z rebellion (youth uprising) in September 2025. The polls are scheduled for 5 March. The Himalayan nation last conducted a general election in 2022, with the next polls originally due in 2027.  However, following the dissolution of Nepal’s lower house of Parliament last year by President Ram Chandra Poudel, the electoral process began under the patronage of an interim government installed on 12 September under the leadership of retired Supreme Court judge Sushila Karki. The Hindu-majority nation of over 29 million people will witness more than 3,400 electoral candidates, including 390 women, representing 68 political parties as well as independents, vying for 165 seats in the 275-member House of Representatives.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

MGNREGA: How caste and power hollowed out India’s largest welfare law

By Sudhir Katiyar, Mallica Patel*  The sudden dismantling of MGNREGA once again exposes the limits of progressive legislation in the absence of transformation of a casteist, semi-feudal rural society. Over two days in the winter session, the Modi government dismantled one of the most progressive legislations of the UPA regime—the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).