India News

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

Published

8 years ago

February 28, 2019

[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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Hardeep Singh Puri elected unopposed to Rajya Sabha from Madhya Pradesh

Union Minister Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh after the nominations of two other candidates, including a Congress-backed nominee, were rejected.

Published

11 hours ago

November 5, 2026

APNLive Desk

Union Petroleum Minister and Bharatiya Janata Party (BJP) leader Hardeep Singh Puri has been elected unopposed to the Rajya Sabha from Madhya Pradesh. The announcement was made on Thursday after the deadline for withdrawal of nominations ended, leaving Puri as the only candidate in the contest.

Puri’s election followed the rejection of nomination papers filed by two other candidates, Kante Sayanna and Rajkumar Lohani, who was backed by the Opposition Congress. Their nominations were rejected during the scrutiny process, making Puri the sole candidate remaining in the fray.

Returning Officer Umesh Sharma formally declared Puri elected to the Upper House of Parliament. Madhya Pradesh BJP president Hemant Khandelwal collected his certificate of election from the returning officer in the presence of party MLA Rameshwar Sharma.

Why Hardeep Singh Puri was elected unopposed

The Madhya Pradesh Rajya Sabha bypoll witnessed three candidates initially entering the contest. However, the nomination papers of the two other candidates did not clear scrutiny.

Kante Sayanna and Congress-backed candidate Rajkumar Lohani had their nominations rejected during the examination of election papers. With both candidates out of the contest, Puri remained the only candidate.

As a result, the returning officer declared him elected unopposed on the final day of withdrawal of nominations on November 5.

The bypoll, if required, had been scheduled to take place on November 12.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election became necessary following the resignation of former Union minister L Murugan from the Rajya Sabha last month.

Murugan’s departure created a vacancy in the Upper House from Madhya Pradesh. His original term was scheduled to continue until April 2, 2030.

The BJP subsequently nominated Hardeep Singh Puri as its candidate for the by-election.

Puri, a former diplomat who later entered politics, currently serves as the Union Minister of Petroleum and Natural Gas.

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Amit Shah challenges Rahul Gandhi to debate SIR in Parliament

Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.

Published

14 hours ago

November 5, 2026

APNLive Desk

Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.

Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.

“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.

The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.

On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.

Amit Shah targets Congress over SIR controversy

During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.

Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.

“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.

Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.

He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.

Shah criticises Rahul Gandhi over protests

The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.

Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.

He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.

“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.

Amit Shah raises questions over Rahul Gandhi’s foreign visits

Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.

“You’re Leader of Opposition… People have the right to know,” the Home Minister said.

His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.

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Women’s cash schemes in Chhattisgarh ease inflation, not entrepreneurship

Published

15 hours ago

November 5, 2026

vikram

By Neeraj Mishra

As Chhattisgarh celebrated its 26^th Foundation Day with Home Minister Amit Shah as chief guest, there are worries about the cash programmes for women.

With the payment of the 33^rd consecutive monthly installment of Mahtari Vandan Yojana to more than 67 lakh beneficiaries, Chhattisgarh has created a record of sorts. The 67 lakh women are supposed to have received a monthly cash dole of Rs 1000 per head in their accounts totaling to a mammoth Rs 21,350 crore. It translates into a very neat Rs 33000 per head for each married woman over the age of 21 so far.

And all these women are KYC- checked and receive the direct benefit transfer. If there are an average of three married women in a joint family, then the amount totals to better than the average rise in paddy prices. That’s not all, there are six other women’s schemes which provide easy loans and rent free shops in good locations. These schemes pump in a further Rs 11,000 crore into each household every year. Further, the renamed MNREGA has another Rs 16,200 crore reserved for the state every year.

So far so good and it reads like a state government PR pamphlet. Now for the bad news. The cash dole has so far been absorbed by the family itself because of the inordinate rise in fuel prices. By all accounts only 23 per cent of the households who receive gas cylinders are able to continue buying it. Only 15 per cent of those who received loans for various trades including e-rickshaws have been able to sustain it. This is roughly about 41,000 women so far.

The state had also invested in physical infrastructure like sheds and shops for trades like mushroom farming, goat farming and small size hatcheries. Some shops were given rent free on prime locations in Raipur, Durg and Bilaspur etc. Most of these facilities have been abandoned as the self-help groups (SHGs) formed for the purpose haven’t been able to convert it into a profitable venture. In fact, each SHG, which usually has 11 women, is given a monthly encouragement amount of Rs 15,000 which is now being split amongst the group with nothing to show for it. Most sheds have either broken down or have become illegally occupied. Better still, the shops have been handed over to businessmen to recover some of the cost.

“The main reason these schemes have not had the desired effect is lack of training and a general apathy on part of the entrepreneurs because of easy cash,” said an official. And that best sums it up.