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Lakhs of forest dwellers face eviction
Please Email the Editor. Shah stayed the eviction proceedings and gave the state governments four months to submit detailed affidavits about procedures followed to assess the claims.
The court also sought information on whether the claims were rejected after following due process of law and if state-level committees had actually monitored the processes, as per the mandate of the Act. The directions came after the Union ministry of tribal affairs approached the court pleading for modification and a temporary stay on the implementation of the eviction order.
The Forest Dwellers by Judith Arnopp
The ministry maintained that Forest Rights Act is a welfare legislation and under the Act, the rejection of a claim does not ipso facto lead to the eviction of forest dwellers and tribals. The ministry had also expressed concern over the high rate of rejections of claims and submitted that since the details of rejection claims have not been provided by the governments, it is possible the poor and illiterate forest dwellers may not have got due opportunity to substantiate their claims.
Without this information, such eviction would only cause serious prejudice to tribals residing in those forests for years," stated solicitor general Tushar Mehta. The Forest Rights Act, grants legal recognition to the rights of traditional forest-dwelling communities to land and other resources denied to them over decades.
Five reasons why claims by forest dwellers for their land are low – and rejections are high
Moreover, the rules write away the future rights of the community over forests and their management and control over minor forest produce in perpetuity. These are also ultra vires of the rules regime agreed and enacted by an act of Parliament.
Blurred Boundaries Vol. Special Articles.
Manasi Karthik , Ajit Menon. In this analysis the law has not been taken as an immutable category, but rather as a political instrument that various groups use to assert their identities and political imaginaries.
In doing so, these imaginaries invoke unique histories and reference multiple "genealogies of belonging.