Supreme Court Defers Review Order on Forest Rights Act

The order had been passed in the wake of a case filed by wildlife groups questioning the validity of the FRA.

Image used for representational purposes.

(Photo Courtesy: Ankush Vengurlekar)

The Supreme Court on Wednesday, 24 July, deferred the review of its decision on the Forest Rights Act (2006).

The apex court, on 13 February 2019, had ordered the forced eviction of more than 1,000,000 tribal and other forest-dwelling households from forestlands across 16 states after the government failed to defend a law protecting their rights.

Petitioners against the decision had demanded that all those whose claims over traditional forestland are rejected under the Forest Rights Act (2006), should be evicted by state governments.

On Wednesday, the Supreme Court was supposed to review its direction on the ownership claims of tribal and other forest-dwelling households which have been rejected following a three-tier process, including absence of proof that the land has been in their possession for at least three generations.

The earlier order by SC was passed in the wake of a case filed by wildlife groups questioning the validity of the Forest Rights Act. The petitioners had also demanded that all those whose claims over traditional forestland are rejected under the law, should be evicted by state governments as a result, according to Business Standard.

A three-judge bench of Arun Mishra, Navin Sinha and Indira Banerjee had passed the order, giving states time till 27 July to evict tribals and directed the states to submit a report on it.

Later, however, by an order on 28 February, the apex court put the eviction on hold, giving state governments the time to file affidavits on whether due process was followed when claims were rejected, The Indian Express reported.

On 24 July, the Centre and states are expected to file affidavits regarding the implementation of the FRA.

(With inputs from The Indian Express and Business Standard.)