Civil society apprehensive: Supreme Court hearing on April 2 may impact forest dwellers’ rights

By A Representative

The Supreme Court is set to hear the case Wildlife First and Ors. vs Union of India and Ors. (WP 109/2008) on April 2nd, which challenges the constitutionality of the Forest Rights Act, 2006 (FRA). The outcome may have significant implications for forest-dwelling communities across India.

The FRA was enacted to recognize the rights of traditional forest dwellers, many of whom belong to Adivasi communities, over land they have historically occupied. The law aimed to address past injustices stemming from colonial-era forest policies that designated large areas as government-controlled forests. However, implementation challenges have led to numerous claim rejections at both the Central and State levels.

In 2019, the Supreme Court issued an eviction order for rejected claimants after a hearing in which the Central government did not actively defend the FRA. The order affected approximately 1.7 million families but was later put on hold following protests, with the Court directing a review of claim rejections. Reports indicate that this review process has been inconsistent, leading to concerns about due process.

The petitioners, including retired forest officials and wildlife NGOs, seek to challenge key provisions of the FRA, including community rights over forest management. They advocate for decision-making authority to remain with forest officials.

Civil society organizations have called on the Central and State governments to take a clear stance on the FRA and ensure that the rights of forest dwellers are protected. They emphasize the need for:

1. A robust defense of the FRA in court.

2. A transparent and fair review of rejected claims.

3. Policies that balance conservation efforts with the rights of forest-dwelling communities.

Organizations following the case include:

- Adivasi Mahasabha Gujarat

- Paryavaran Suraksha Samiti, Gujarat

- People’s Union for Civil Liberties, Gujarat

- National Alliance of People’s Movements, Gujarat

The hearing’s outcome could have a lasting impact on forest governance and the rights of millions of people across the country.

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