English हिन्दी
Connect with us

India News

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

Published

7 years ago

on

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.

Also Read: IAF pilot Wing Commander Abhinandan Varthaman to be released tomorrow, says Imran Khan

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.

Also Read: US, France and UK move UN Sec Council for terrorist tag to JeM chief Masood Azhar

“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.

Also Read: Terrorists of Jaish-e-Mohammed used to take four routes to enter Jammu and Kashmir

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]

Related Topics:
Continue Reading

India News

Congress suspends 5 Haryana MLAs over cross-voting in Rajya Sabha polls

Congress suspends five Haryana MLAs for cross-voting in Rajya Sabha elections, citing serious indiscipline and anti-party activities.

Published

9 mins ago

on

April 17, 2026

By

The Congress has suspended five of its MLAs in Haryana for cross-voting during the recent Rajya Sabha elections, taking disciplinary action over what it described as “anti-party activities”.

The move came after the state unit reviewed the conduct of certain legislators during the polls, where some were found to have voted against the party’s authorised candidate.

Five MLAs suspended after disciplinary process

According to party sources, the MLAs were issued show-cause notices seeking an explanation for their actions. After reviewing their responses, the Congress disciplinary committee recommended suspension.

The decision was approved by the party leadership, including Congress president Mallikarjun Kharge, and has been implemented with immediate effect.

Party calls it ‘grave indiscipline’

Haryana Congress chief Udai Bhan said the action was necessary to uphold party discipline, stressing that defying the official party line during elections weakens organisational unity.

He said the party takes such violations seriously and will continue to act against any form of indiscipline.

Leadership backs strict action

Senior Congress leader and Leader of Opposition Bhupinder Singh Hooda supported the decision, saying it was taken after due consideration.

He noted that while Rajya Sabha elections are conducted through an open ballot system, allowing legislators some flexibility, the party retains the authority to initiate internal disciplinary action in cases of deviation.

Background

The action follows cross-voting reported during the recent Rajya Sabha elections in Haryana, which led to internal concerns within the party. The development has highlighted organisational challenges and prompted the leadership to take corrective steps to reinforce discipline.

Continue Reading

India News

Harivansh set to be elected Rajya Sabha Deputy Chairperson unopposed

Harivansh is set to be elected unopposed as Rajya Sabha Deputy Chairman after no opposition nominations were filed before the deadline.

Published

2 hours ago

on

April 17, 2026

By

Former Rajya Sabha Deputy Chairman Harivansh is set to be re-elected to the same post unopposed in the election due to be held later today.
The date has been fixed by the Chairman under the relevant rules governing the conduct of business in the Upper House.
According to sources, the deadline for submitting motions for the election was 12 noon on April 16. A total of five notices were received within the stipulated time, all proposing Harivansh for the post.

Multiple nominations, single candidate
The motions were submitted by members across parties, including Jagat Prakash Nadda, Nitin Nabin, Nirmala Sitharaman, Sanjay Kumar Jha, and Jayant Chaudhary, each backed by seconding members.
All five motions explicitly state that Harivansh be chosen as the Deputy Chairman of the Rajya Sabha.

No opposition nomination filed

Notably, no motion was submitted by the Opposition before the deadline. This effectively clears the path for a unanimous election, as there is no contest for the position.
As per parliamentary procedure, motions will be taken up one by one. Once any one motion is adopted by the House, the remaining motions will not be put to vote.

Likely to be elected by voice vote
In line with established practice, the first motion — expected to be moved by Nadda — may be adopted through a voice vote. Following this, the Chairman will formally declare Harivansh as elected Deputy Chairman.
After the declaration, Harivansh will be escorted to the Chair by members from both the Treasury and Opposition benches, adhering to parliamentary convention.

Continue Reading

India News

Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

Published

13 hours ago

on

April 16, 2026

By

Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com