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Reprieve to forest dwellers and tribals as Supreme Court stays its eviction order

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Tribals FRA

[vc_row][vc_column][vc_column_text]Granting a respite to nearly 12 lakh tribals and forest dwellers, the Supreme Court today (Thursday, Feb 28) put on hold its February 13 order directing the eviction of all those whose claims for forest land rights have been rejected under the Forest Rights Act (FRA) of 2006.

The Bench of Justices Arun Mishra, Navin Sinha, and MR Shah, however, said “the mighty and the undeserving” who have encroached on forest lands would be shown no mercy.

The Bench acknowledged the need to further delve into whether due process was followed by gram sabhas and States’ authorities under the FRA before the claims for forest rights of forest-dwelling Scheduled Tribes (FDST) and other traditional forest dwellers (OTFD) were finally rejected.

It directed the states to submit affidavits detailing the procedure adopted to assess the claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The affidavits must also provide details of the authorities that decided these claims.

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When the hearing commenced today, Justice Arun Mishra asked Solicitor General Tushar Mehta why the Centre was “caught in a slumber” and approached the Court only now, when the previous order in the case was passed in 2016.

Mehta, accepting that there is no explanation for the same, submitted that the Act only talks about the process for assessing claims and does not provide for eviction.

It was also submitted by the Centre, through Mehta, that the main challenge is to the Constitutional validity of the Act and it affects a large number of forest dwellers.

The February 13 order of the Supreme Court causes serious prejudice to the lives of the forest dwellers, Mehta submitted before the Court. At this point, Justice Arun Mishra asked the parties,

“Are these people (living in the forest) all tribals or normal people living there.”

Nearly 12 lakh ST and OTFDs across 16 States faced the brunt of the apex court’s order of eviction on February 13.

The apex court has now given the States four months’ time to file affidavits responding to allegations that there was a high rate of rejection of claims, non-communication of rejection orders, unrealistic timelines in deciding claims, irregular holding of State Level Monitoring Committee meetings, lack of support from the district administrations concerned in providing revenue or forest maps, rejection of claims despite incomplete or insufficient evidence, etc. In fact, the court wants to know whether tribals and OTFDs were ousted from forest lands on the basis of sketchy, incomplete information and data.

The order came on an application by the Centre to modify the February 13 order. The government, represented by Solicitor General Tushar Mehta, submitted the order has affected a “large number of families”. The Centre said the States should first file proper affidavits on the procedure followed in the verification of forest rights claims before any such eviction.

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“The eviction of the tribals may be withheld… the eviction of tribals, without such information, would cause serious prejudice to them who have been residing in forests for generations… Many are poor and illiterate,” Mehta submitted.

To this, initially, Justice Mishra asked whether the Centre was in a “slumber for the past three years”. Justice Mishra observed that the February 13 order was only a follow-up of the court’s order on January 29, 2016, which had also directed the eviction of encroachers into forest lands.

The court asked why there were no mechanism in place in the States or in the Centre to review the rejection orders.

Senior advocate Shyam Divan, for petitioner NGO Wildlife First, countered that lakhs of genuine claims were honoured under the FRA. He showed the MoTA’s data up to November 2018 that 42,24,951 claims from individuals and communities were received till November 30 last year. Of this, 18,94,225 titles were distributed while 19,39,231 claims were rejected. The ministry data, collated from inputs supplied by the States, show that titles were distributed to 44.83% of the number of claims received.

To this, Justice Mishra said “are they (rejected claimants) really tribals or normal people encroaching on forest lands?”

Justice Sinha said the Rules under the 2006 Act comprehensively cover every stage of the process of verification of claims and the provisions were self-explanatory.

“This is a human problem more than a legal problem,” Mehta responded.

“Encroaching forest lands is a serious problem,” Justice Shah said.

“But forests and tribals are to co-exist,” the Solicitor-General responded.

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The Centre argued that the 2006 Act is a beneficial legislation which should be liberally construed in favour of the poor.

Arguing for Wildlife First, Shyam Divan told the Court that bona fide forest dwellers will not be affected by the Court’s order. He submitted, “The people who have been granted pattas by the authorities will not be affected by the Court’s order at all.”

Mehta at this juncture termed this a “human problem” and went on to claim that forest conservation and protection of rights of forest dwellers have always coexisted, the world over. Continuing his submissions, Mehta argued that the Forest Rights Act only deals with the process of assessment of claims and does not touch upon the point of eviction saying that the “limited scope of the Act is to recognize the rights or not.”

On the point of assessment of claims, senior advocate Colin Gonsalves told the Court that most of the claims under the Act have been rejected by the authorities to which Justice Mishra observed that lack of proper documentation might make it difficult for the Tribals to prove their right over the land.

After hearing the submissions from parties, the Court stayed the implementation of its previous order.[/vc_column_text][/vc_column][/vc_row]

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Manipur: Congress hits back at BJP chief Nadda’s letter to Kharge

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

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The Congress on Friday lashed out at BJP president JP Nadda’s accusations that the Opposition party was promoting a politically motivated narrative concerning the situation in Manipur.

The grand old party described Nadda’s letter to Congress chief Mallikarjun Kharge as a 4D exercise, which means denial, distortion, distraction, and defamation.

Nadda, responding to Kharge’s call for President Droupadi Murmu’s intervention and his claims of the Centre’s total failure in managing the crisis, claimed that the consequences of Congress’s “abject failure” in handling local issues in Manipur during its governance are still being felt today.

Responding to Nadda, Congress General Secretary for Communications Jairam Ramesh stated, “Congress President Kharge ji wrote to the President of India on Manipur. Apparently, to counter that letter, the BJP President has now written to the Congress President.”

Ramesh emphasised that Nadda’s letter is replete with inaccuracies and reiterated that the people of Manipur long for normalcy, peace, and harmony.

He noted that they are posed with four critical questions: When will the Prime Minister visit the state? How much longer will the Chief Minister remain in office despite lacking majority support? When will a full-time Governor be appointed? And when will the Union Home Minister be held accountable for his failures in Manipur?

Nadda expressed astonishment at the Congress’s ongoing efforts to sensationalize the situation in Manipur, pointing out that Kharge appeared to overlook the fact that his party’s past government had legitimized the illegal migration of foreign militants to India, during which former Home Minister P Chidambaram had signed relevant treaties.

On Tuesday, Kharge had written to President Murmu regarding the worsening conditions in Manipur, requesting her immediate intervention to ensure that the citizens of the state can live peacefully and with dignity.

In his two-page letter, Kharge accused both the Union and Manipur state governments of “completely failing” to restore peace and normalcy over the past 18 months, resulting in a loss of public confidence in their leadership.

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Rahul Gandhi is right, Gautam Adani should be arrested: RJD president Lalu Yadav

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

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RJD president Lalu Prasad Yadav on Friday spoke in support of Congress leader Rahul Gandhi’s demand for immediate arrest of Gautam Adani, after the Industrialist was charged in the US for alleged bribery and fraud.

Gandhi, the Leader of Opposition in the Lok Sabha, said on Thursday that Gautam Adani should be arrested immediately, and his protector Madhabi Puri Buch should be investigated

The former Congress chief claimed that the recent developments vindicate his long-standing allegations against Gautam Adani. He took a sharp dig at Prime Minister Narendra Modi and alleged that Modi is protecting Adani, and is also involved in corruption. 

Yadav, the former chief minister of Bihar, was responding to queries from journalists here about Gandhi’s statement on the previous day, in the backdrop of charges of bribery and fraud against the Adani group in the US.

“Rahul Gandhi is right. Adani should be arrested,” said Prasad, who is an old ally of the Congress and a staunch opponent of the BJP, to which Adani is said to be close.

The RJD supremo, who incidentally has been convicted in several fodder scam cases and is on bail, was also asked about prospects of the INDIA bloc, of which his party is a part, in Jharkhand, where the counting of votes for assembly polls is scheduled on Saturday.

Speaking to PTI, the ailing septuagenarian replied, “I would like to remain focused on my statement that Adani must be arrested. I am not worried much about a new government (in Jharkhand) where we are already in power.” Jharkhand witnessed a straight battle between the INDIA bloc and the BJP-led NDA, which included the JD(U) headed by Nitish Kumar, Prasad’s arch-rival and the current Chief Minister of Bihar.

Addressing a press conference on Thursday, Gandhi further said that Chief Ministers have been jailed for scams of Rs 10-15 crore, but Adani, who has committed a scam of Rs 2000 crore is walking free.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

The BJP leader said the allegations against him were false, baseless and made with malafide intentions.

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Cash for votes row: BJP leader Vinod Tawde sends legal notice to Rahul Gandhi, Mallikarjun Kharge, asks them to apologise or face defamation

BJP leader Vinod Tawde, accused of distributing cash to influence voters, has sent a legal notice to Congress leaders Mallikarjun Kharge, Supriya Shrinate and Rahul Gandhi over the controversy. The BJP leader has demanded their apologies or face a Rs 100-crore defamation case.

Vinod Tawde’s legal notice came after regional party Bahujan Vikas Aghadi (BVA) leader Hitendra Thakur on Tuesday accused him of distributing Rs 5 crore at a hotel in Virar in Palghar district, 60 km from Mumbai, to woo voters.

In the legal notice, the BJP leader said the allegations against him were false, baseless and made with malafide intentions. He claimed that he demanded an apology from the three Congress leaders for their remarks against him in the cash-for-votes row or he would be forced to initiate criminal proceedings against them.

Just a few hours before the Assembly Elections, a video went viral on Tuesday showing BVA workers storming into the hotel in Palghar during a meeting between Vinod Tawde and Rajan Naik, the BJP candidate from the Nalasopara seat. The BVA workers alleged that Tawde was caught red-handed with Rs 5 crore cash.

In the viral video, the BVA workers were seen taking out bundles of cash from a bag, while Tawde was sitting at a distance. The BVA workers also took pictures and videos of him on their phones. Amid these allegations, BVA leaders said that Rs 5 crore cash was distributed, an election official on Tuesday said Rs 9.93 lakh cash was recovered from the hotel rooms.

However, Vinod Tawde denied the allegation, saying he was only providing guidance to party workers on poll procedures and said he was not stupid enough to distribute money at his opponent’s hotel. Speaking to the media, he said that the Vivanta Hotel is owned by the Thakurs, and he is not stupid to go to their hotel and distribute money there.

The Police registered two FIRs against Tawde, BJP candidate Naik and others in connection with the controversy. Additionally, the Election Commission filed three FIRs against Tawde.

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