Communities demand government action to uphold forest rights amid eviction threats in Himachal Pradesh

By A Representative

A broad coalition of over twenty community organisations, Gram Sabhas and civil society groups from across Himachal Pradesh has submitted a memorandum to key state and central authorities, urging immediate action to uphold the Forest Rights Act (FRA), 2006 in response to recent High Court eviction orders. Addressed to the Additional Chief Secretary (Tribal Development), Tribal Development Minister Shri Jagat Singh Negi, the Secretary of the Ministry of Tribal Affairs, and the Chief Secretary of Himachal Pradesh, the memorandum asserts that the FRA, as a central law, supersedes older legislations and must be invoked to protect eligible claimants from unlawful displacement.

The Tribal Development Department (TDD), in a legal opinion dated 11 August 2025, acknowledged the primacy of central law over state law. However, it simultaneously stated that High Court eviction orders must be followed unless stayed by a higher court. Community groups argue this stance contradicts both the legal framework and the Department’s own mandate to ensure timely and just implementation of the FRA. They point to Section 4(5) of the Act, which prohibits eviction until claims are fully processed, and warn that fear of eviction is spreading even among those who have filed or are awaiting recognition of their claims.

Activists such as Jiya Lal Negi of Zila Van Adhikar Sangarsh Samiti and Guman Singh of Himalaya Niti Abhiyan have called out the State’s legal and moral responsibility to defend the FRA in court and prevent dispossession. The FRA’s non-obstante clause gives it precedence over the Indian Forest Act, 1927, the Forest (Conservation) Act, 1980, and state laws like the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971. The Ministry of Tribal Affairs’ own FAQs affirm that no eviction is lawful until all claims are resolved.

The coalition has demanded that the State Government and the TDD defend the FRA in court, guarantee protection against evictions, and expedite implementation of the Act. Prakash Bhandari of Himdhara Collective emphasized that these are statutory obligations, not discretionary measures. Civil society leaders are framing the issue as a test of governmental credibility, citing the contradiction between promises of full implementation and the looming threat of eviction.

The memorandum has received endorsements from a wide spectrum of organisations across Himachal Pradesh, including Bhumihin Bhumi Adhikar Manch, Chamba Van Adhikar Manch, Himalaya Bachao Samiti, Himlok Jagrati Manch, Jungling Van Adhikar Gram Sabha, Khawagling Jagdang Van Adhikar Gram Sabha, Khangsar Van Adhikar Gram Sabha, Krushi Vikas Samiti Meeru, No Means No Campaign, Ropsang Van Adhikar Gram Sabha, Save Lahaul Spiti Society, Sirmaur Van Adhikar Manch, Shili Mahal Van Adhikar Manch, Shooling Van Adhikar Gram Sabha, Spiti Civil Society, Van Adhikar Evnm Gramin Vikas Sangthan, and Zila Van Adhikar Sangarsh Samiti.

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