New Agasthyamalai eviction orders continue to silence Forest Rights Act
The FRA does not require that traditional forest-dwellers have to have occupied the land they are claiming for three generations before 2005 nor does it prohibit commercial activities on all forest lands – yet the administration and the judiciary have hampered its implementation on these grounds
In recent weeks, the Forest Department in the Agasthyamalai Biosphere Reserve has issued eviction notices to thousands of households on the Tamil Nadu side of the reserve, alleging that they have encroached on forest land. These eviction notices, which are based on findings from the Central Empowered Committee, are a result of the Supreme Court's directive to evict encroachments within a specific timeframe, rehabilitate those who are displaced, take legal action against those who violate the rules, and carry out ecological restoration in the affected areas.
The Court also ordered the dismantling of all structures, utilities, and logistical facilities within the encroached areas, prohibited the diversion of forest land, and granted immunity to officials involved in the eviction process, except in cases of malice or arbitrariness. The Supreme Court directed the Central Empowered Committee to recommend the deployment of paramilitary forces if the Tamil Nadu government fails to comply with the court's orders.
The FRA, enacted in 2006, aims to rectify historical injustices suffered by forest dwellers and recognizes their rights to forest land. However, despite the FRA being in place for two decades, there is a lack of transparency regarding the scope of the FRA and the actual encroachments taking place. The Supreme Court should have addressed the issues with FRA implementation more forcefully, as the Tribal Department has been unresponsive to these concerns.
The Forest Rights Act prohibits the evicting of individuals who have encroached on forest land until the recognition and verification procedure is complete, and violating these rights is considered an atrocity under the SC/ST Act. The Agasthyamalai reserve spans 3,500 square kilometers across Kerala and Tamil Nadu and covers several protected areas, including the Kalakad-Mundanthurai Tiger Reserve and the Srivilliputhur-Megamalai Tiger Reserve.
Written by urgent.news from The Hindu - Sci-Tech's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
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