Relief for tribals: SC stays order directing eviction of over 10 lakh forest dwellers

Supreme Court on Thursday today has stayed the possible eviction of more than 11 lakh forest dwellers and tribals across 16 states in the country. The apex court has also asked the states to submit details on what process was followed to decide the claims of the dwellers along with the authorities competent to pass final rejection orders.

The governments at the Centre and Gujarat had appealed to the Supreme Court on Wednesday seeking modification to its February 13 order that directed states to evict “forest dwelling Scheduled Tribes” (FDSTs) and other traditional forest dwellers (OTFDs). Their claims on the forest land has been negated under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

Solicitor General Tushar Mehta had pleaded on their behalf before Justice Arun Mishra-led bench of the apex court, which agreed to hear the plea today on Thursday.

The bench was told that the central government wanted to review the matter in order to protect tribals, farmers and forest dwelling communities and their interests. Mehta also added that the Centre was doing these following grievances received from the people affected in the order as well as the states.

The plea in the Supreme Court was submitted by the Union Tribal Affairs Ministry states that the court, on January 29 2016, had asked the states to provide data on the amount of claims rejected and action taken afterwards.

Post this order, the central government had said that it had directed to the states dated February 5, 2016, communicating to them that they have to submit complete information before the court that included “claims which were being re-examined because of improper rejection, communication of reasons of rejection in addition to the opportunity to appeal”.

The Union Tribal Affairs Ministry had also made another communication to the states on June 29, 2018, which observed several issues that came up in the implementation of the Act, such as non-communication of rejection orders; high rejection of claims; raising of frivolous objections; lack of reasons in the order among others.

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In reply to the Supreme Court direction dated January 29, 2016, some states submitted the data of rejection of claims. The Union Tribal Affairs Ministry also noted that the said data failed to detail rejection claims which was requested by the applicant in the letter on 25 February, 2016.

The government asserted that it was this data that the apex court relied on to pass its February 13 order. And as a result, a large number of tribal and other forest dwellers could face eviction by the state governments without the due process of law, the government added.

The Centre said that under the 2006 Act, “the rejection of a claim does not ipso facto lead to eviction of a tribal” and “there is no provision in the Act that provides for eviction after a claim is rejected.”

The Centre also said that the 2006 legislation was a “beneficial” “and deserves to be construed liberally in favour of the FDSTs and OTFDs”.

The Union Tribal Affairs Ministry contended, “The FDSTs and OTFDs are extremely poor and illiterate people and not well informed of their rights and procedure under the Act. They live in remote and inaccessible areas of the forest. It is difficult for them to substantiate their claims before the competent authorities.”