In a significant order the Supreme Court recently stayed its verdict directing the States to evict over 11.8 lakh forest dwellers from their traditional homeland. Different State governments had earlier rejected the claims of these forest dwellers on their land and the produce – the only means of their livelihood.
Rejecting the claims of these dwellers, mostly from the Scheduled Tribe (ST) community, a bench of the Apex Court passed an order on February 13, which was made public February 20, directing 16 State governments to evict the ‘encroachers’ from their homestead and posted the next hearing of the matter to July 16. The Court also directed the concerned States to submit reasons on the basis of which they have rejected the claims of the forest dwellers. The Central Government in its appeal had urged the Apex Court to dismiss its order of February 13 asking the States to evict the forest dwellers. The Union government stated that misinterpretation of the Indian Forest Act 2007 was primarily responsible for the eviction threat faced by these hapless and poor people.
Among other States, the Odisha government too has rejected the claims of nearly 1.4 lakh forest dwellers, including 1.2 lakh Scheduled Tribe members residing in various forests in the State, jeopardising their livelihood and lives. However, in the wake of the Supreme Court’s latest directive, the Chief Secretary has assured that the State will review the matter.
It is an irony that the Act was passed keeping in view the well-being of the tribal populace and others residing inside and in the periphery of various forests across the county for centuries, but now the same legislation was being misinterpreted to evict them from their hearth and homes. The argument put forth by the States is that these dwellers are actually ‘encroachers’ on government land and their presence in the forests, especially the reserve forests, is a threat to the ecology of the region.
An analysis of the idiosyncratic situation reveals that while there are various anomalies in the Indian Forest Act 2007 itself, the apathy of the local administrations too is responsible for the plight of such a large number of dwellers. Initially, the Centre backed the State governments’ move to evict them from their traditional habitat, but retreated quickly when several social organisations raised voice against such unlawful evictions.
For instance, the Uttar Pradesh government passed the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act in 2008 to ensure the rights of the people residing in the forests for centuries over their land and produce and facilitate their livelihood. The new Act not only granted the ownership of the land on which the Scheduled Tribes and other people have been residing prior to/since December 13, 2005, but their rights on the produce were also established. On the other hand, Section 2 (R) of the same Act makes it mandatory for the traditional dwellers to produce certificates to prove that they have been dwelling inside the forest for at least three generations (minimum 75 years) to enjoy the benefits of the new law.
The process for obtaining the ‘residence proof’ is so complicated that so far not a single family has been able to comply with the law. While many forest dwellers are ignorant about the different Acts passed by the Centre and State governments, the fact that different groups of indigenous people enjoy Scheduled Caste status and rights in different states – sometimes even in the different regions of the same state – has made matters worse for them. While a community may be enjoying Scheduled Tribe status in one State, they may not be privileged in the same manner in another. Thus, obtaining certificates of the government offices has become an almost impossible task for these indigenous people.
Nevertheless, it is important to ensure that people living in the forests for centuries continue to live there and also enjoy their rights. This is not only important from the point of humanity, but also for maintaining the ecological balance in those areas, which calls for necessary amendments to the laws to ensure the welfare of the tribals and other communities residing in and depending on forests.