Agasthyamalai eviction orders still silence the Forest Rights Act

Why in the News

The Forest Department has issued eviction notices to thousands of households in the Agasthyamalai Biosphere Reserve (ABR) following a Supreme Court order for time-bound removal of forest encroachments. The issue highlights the tension between forest conservation and rights under the Forest Rights Act, 2006.

What is the Forest Rights Act, 2006?

• Full name: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
• Recognises forest rights of Scheduled Tribes (STs) and other traditional forest dwellers.
• Cut-off: Eligible occupation must pre-date 13 December 2005.
• Claims are initiated and verified by Gram Sabhas and examined by higher-level committees.
• Key safeguard: Eviction cannot take place until recognition and verification are completed.

What is the Agasthyamalai Biosphere Reserve?

• ABR: Agasthyamalai Biosphere Reserve.
• Covers about 3,500 sq km across Tamil Nadu and Kerala.
• Includes Kalakkad-Mundanthurai, Srivilliputhur-Megamalai and Periyar Tiger Reserves, along with wildlife sanctuaries.

What is the Central Empowered Committee?

• CEC: Central Empowered Committee.
• Constituted under Supreme Court directions to monitor forest and environmental compliance.
• It surveyed the Agasthyamalai landscape and reported violations involving non-forestry activities.

Who are Other Traditional Forest Dwellers?

• OTFDs: Other Traditional Forest Dwellers.
• Non-tribal communities primarily dependent on forests for livelihood.
• They must demonstrate three generations or 75 years of dependence before 13 December 2005.

What did the Supreme Court order?

1. Time-bound eviction plan, with rehabilitation where applicable.
2. Legal action against wilful violators, including 118 government servants found to be encroachers.
3. Ecological restoration after eviction.
4. No new forest diversion or non-forest activity in ABR until encroachments are removed.
5. Possible deployment of paramilitary forces for enforcement.

Key Issue: Conservation vs Forest Rights

• Conservation: Evictions aim to restore critical tiger habitat and remove non-forest activities.
• Rights concern: Eviction before completion of FRA recognition and verification can violate statutory safeguards.
• Data problem: Lack of reliable data on occupation outside FRA’s scope makes it difficult to distinguish genuine rights-holders from actual encroachers.

Statutory Framework

• FRA, 2006: Forest rights recognition.
• FCA, 1980: Forest (Conservation) Act, 1980, regulates diversion of forest land.
• WLPA, 1972: Wild Life (Protection) Act, 1972, governs protected areas.
• PESA, 1996: Panchayats (Extension to Scheduled Areas) Act, 1996, strengthens Gram Sabha powers in Scheduled Areas.
• SC/ST PoA Act, 1989: Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Back2Basics: Forest Rights Act

• Nodal Ministry: Ministry of Tribal Affairs.
• Beneficiaries: Forest-dwelling STs and eligible OTFDs.
• Three rights: Individual forest rights, community rights and Community Forest Resource (CFR) rights.
• Gram Sabha: Starting point for claims.
• Key safeguard: No eviction before completion of recognition and verification.

“[2021] At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

(a) Ministry of Environment, Forest and Climate Change

(b) Ministry of Panchayati Raj

(c) Ministry of Rural Development

(d) Ministry of Tribal Affairs