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For All Defence Aspirants Supreme Court/High Court Verdicts-NCA ACADEMY

For All Defence Aspirants Supreme Court/High Court Verdicts-NCA ACADEMY

Supreme Court/High Court  Verdicts

 

Forest Dwellers Face Eviction

The Supreme Court Has Ordered The Forced Eviction Of Tribal And Other Forest Dwelling Households From Forestlands Across 16 States After Their Claim As Forest Dwellers Under The Forest Rights Act Of 2006 Have Been Rejected. However, Later The Court Stayed The Order.

Key Points

The Court’s Order Came On Petition Filed In 2009 By Wildlife Groups And Retired Forest Officers Which Demanded That Those Whose Claims Had Been Rejected Be Evicted As ‘Encroachers’.

In 2016, It Ordered That If The Claim Is Found To Be Not Tenable By The Competent Authority The Claimant Is Not Entitled For The Grant Of Any Patta Or Any Other Right Under The Act. Such A Claimant Is Also Required To Be Evicted Or Some Other Action Be Taken.

In 2018, The Court Sought Information From The States About The Action Taken Against Those Claimants Whose Claims Have Been Rejected And The Status Of Their Eviction.

The Current Order Was A Follow-Up Of These Two Orders Which Contained Eviction Orders For Those Whose Claims Have Been Rejected After Passing All The Three Stages, Making Them Illegal Encroachers.

Issues Involved

The Forest Dwellers Are Poor And Illiterate. They Hardly Know The Appropriate Procedure For Filing Claims Or Exhausting Appeal Mechanisms.

In The Ideal Scheme, As The Forest Rights Act Envisages, Forested Areas And Their Biodiversity Will Be Protected By Communities ,With Individuals Taking Forest Produce Only For Sustenance And Livelihood.

Tribals And Other Forest -Dwellers Have Been Living In The Forest Areas For Centuries. Their Livelihood Depends On Non- Timber Forest Products They Harvest.

Additionally ,Forests And Wildlife Have Been Facing The Heat Due To Growing Human Pressure As Landscapes Are Alienated For Resource Exploitation, Road And Dam Building ,And A Lot Of Wildlife Is Lost Of Poaching.

Forest Rights Act,2006

The Forest Rights Act(FRA) 2006 Was Introduced To Address The Dental Of Rights To The Tribal And Forest Dwellers Due To The Colonial Forest Laws. It Requires The Government To Give Back Rights Traditional Forestlands To Tribal And Other -Dwellers.

The Act Recognises That Forest Dwelling Communities Have Three Kinds Of Rights:

Individual Rights( Occupation And Cultivation)

Community Rights (Grazing, Fuel-Wood Collection, Fishing, Ownership And Disposal Of Non-Timber Forest Produce): And Munity Forest Resource (CFR)Areas.

The Act Has Given Executive And Judicial Power To Gram A Sab Has In Recognising The Rights Of The Tribal. There Are Sab Has In Recognising The Rights Of The Tribal. There Are Sab Has (Committee) At The Ward Level That Is The Primary Tier To Recognise And Recommend The Rights Of Tribal Hamlets; Then, Are Sub-Divisional Level Committees(SDLC) Followed By District Level Committees.(Dlcs).

Tribals And Other Forest-Dwellers Are Permitted To Lay Claims Before Authorities Through A Laid Down Process In The ACT.

Way Forward

Claims For Tenure Under The Forest Rights Act Must Satisfy The Primary Test Of Whether They Are Legally Unimpeachable ,And Even If They Are Whether They Would Impose Additional Pressures On Forests And Wildlife.

The Answer To The Issue Of Rights Of Inhabitants And Wildlife May Life In Resettlement.In Some Cases, Such As In The Western Ghats, Alternatives Land And Cash Compensation Convinced Tribals To Move Out Of Core Areas. Such Programmes Need To Be Purused In A Humane And Vigorous Fashion.

State Governments Must Also Come Forward To Declare Critical Wildlife Habitats Under The Act. This Will Aid In Formulating Resettlement Schemes For Tribal Residents.

With Respect To Claim Requests It Needs To Be Ensured That Due Process Of Law And Principles Of Natural Justice Are Observed.

Technology Such As Satellite Imagery May Also Be Used For Consideration Of Claims.

The Scheme Of The Forest Rights Act,2006 Is In Tune With Several International Convenants

Un Universal Declaration On Human Rights Recognises The Equal Rights Of The Human Family. India Is A Signatory.

Un Convention Concerning Indigenous And Tribal Populations Seeks To Protect Ownership Rights Of Populations Over Lands They Traditionally Occupy. Ratified By India.

Un Declaration On Rights On Indigenous People Mandates To Protect The Rights Of Indigenous People To Lands, Territories And Resources Which They Traditionally Own, Occupy And Use. India Is Signatory

Un  Convention On Biological Diversity Advocates Preservation Of Indigenous Knowledge And Practices. India Is A Party

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Er. HartaJ is one of the main Instructors and a part of the team At NCA. He himself has cleared the SSB process thrice, but as per his grandfather's Late Lt. Col H.S.Dhaliwal Wish he is continuing teaching and making officers. Been associated with New Careers Academy for the last 8 years, he also has been succefull in making Second and Third Generation Of officers. Once Taught by his Grandfather and Father Capt. Dhaliwal. He is know all across with students for the way he teaches and he is more of a role model for them .