Protecting forest dwellers: Why Himachal needs to rethink eviction orders
Recently, the Himachal Pradesh High Court issued orders to evict people from government and forest land. These orders have raised significant concerns, particularly because they overlook the protections offered under the Forest Rights Act, 2006. This central legislation was created to safeguard the rights of tribal and traditional forest dwellers, ensuring that they are not wrongfully displaced from their homes and livelihoods.
Himachal Niti Abhiyan in public interest has urged the state government to take immediate steps to halt these eviction orders and to enforce the provisions of the Forest Rights Act, 2006. This is not just about legal compliance; it’s about protecting the lives and rights of thousands of people who have lived in these forests for generations.
On July 17, 2024, the Himachal Pradesh High Court passed eviction orders under the Forest Conservation Act, 1980, impacting a large number of forest dwellers. These orders, which came in response to petitions filed over the years (CWP No. 1028 of 2002, CWP No. 3161 of 2016, CWP 2073 of 2018, among others), demand the removal of all occupants from government and forest land. However, what these orders fail to consider is that many of these occupants are recognized as tribal and traditional forest dwellers under the Forest Rights Act. According to this Act, they cannot be evicted until their claims have been fully reviewed by a district-level committee formed under the law.
This isn’t the first time such orders have been issued. In the past, the Forest Department attempted similar evictions, using earlier court orders as a pretext. Unfortunately, these actions often targeted small and poor farmers, while larger landholders and influential individuals were left untouched. This ongoing case has been in the High Court since 2008, and yet, the state government has not presented the crucial provisions of the Forest Rights Act, 2006, to the court.
Why the Eviction Orders Are Problematic
The Forest Rights Act, 2006, which came into force nationwide in April 2008, explicitly protects tribal and traditional forest dwellers from eviction until their rights have been recognized and verified. Section 4(5) of the Act clearly states that no one can be removed from forest land until this process is complete. The Supreme Court reaffirmed this protection in its 2013 ruling in the Niyamgiri case, emphasizing that no eviction or land transfer can occur until the necessary procedures under the Forest Rights Act are fulfilled. Even the State Level Monitoring Committee, chaired by the Chief Secretary, echoed this sentiment in a resolution passed on May 22, 2013, stating that no forest dweller should be evicted until their rights are fully recognized.
The Forest Rights Act is a special law enacted by Parliament. It has precedence over other state and central laws, which means that no other legislation can override it when it comes to the rights of forest dwellers. Therefore, the eviction orders issued by the High Court not only violate the Forest Rights Act but also go against the principles laid down by the Supreme Court. Given these circumstances, the state government must file a review petition to reconsider the eviction orders.
The Himachal Niti Abhiyan has called on the Himachal Pradesh government to step up and protect the rights of its forest-dwelling communities. These people have a deep, ancestral connection to the land, and their rights must be respected. Implementing the Forest Rights Act is not just a legal obligation but a moral one. The state must ensure that no one is unfairly displaced from their home, especially when their rights are clearly protected by law.
