TN PUCL Statement on Forest Rights Act
Tags: Forest Rights Act, Environmental Advocacy, Forest Dwellers
Related Issue: Right to Environment, Rights of Dwellers
PUCL urges the Tamil Nadu govt to issue land to tribals and forest dwellers as per forest rights act 2006 on the wake of Supreme Court Removes Only Court Order against FRA in Country. On 1.2.2016, the Supreme Court overturned a 2008 Madras High Court interim order – obtain prior permission from court when issue land title to tribals and forest dwellers (who live three generation in forest) the only order against the Forest Rights Act from any court in the country. This should dispel any illusions from 1.2.2016, Court proceedings in the Supreme Court.
In 2008, hearing a bunch of copycat court cases filed in various High Courts by retired forest officers, the Madras High Court had directed that the Forest Rights Act should be implemented, but no titles should be given without its permission. This was based on fear mongering by forest officials that the case would lead to destruction of forests. The Andhra Pradesh and Orissa High Courts followed the Madras HC by giving similar orders that year, but within less than a year, observing that the petitioners did not seem to be using the methods available to them in law, both of these courts removed their interim orders. Only the Madras High Court order was left standing.
On 1.2.2016, the Apex court Bench of Justices Chelameswar, Roy and Sapre orally observed that “no challenge to the vires (constitutional validity) of this Act has yet been made before us”. In their order, the bench stated that “having regard to the fact that claims are proceeding in the rest of the country, we see no reason for a hold up in Tamil Nadu”.
With the 1st February, 2016 order the Supreme Court has removed the only obstacle that any court had imposed, to the implementation of this Act.
Despite 21,781 land claims having been filed and 3,723 titles being made ready for distribution in Tamil Nadu, the government had, till now, not distributed land to people living in forest area on the pretext of court stay order. But the Supreme Court has now removed the obstacle. Tamil Nadu is one among seven states in country which have not implemented the Forest Rights Act. Non-implementation impacts on tribal life and livelihood in a very negative and serious way. PUCL therefore urges the State Government, without any further delay, to issue land pattas to tribals and implement Forest Rights Act, 2006 and ensure decent and dignified life to tribals.