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How a social justice tool became a means to grab land in India's forests -Shekar Dattatri

-Hindustan Times

Since Independence, waves of forest encroachments have been regularised on one pretext or another, and this unfortunate trend seems to be continuing. With a recent United Nations report warning that one million species of plants and animals are poised on the brink of extinction, we need to take all forest destruction very seriously

The Forest Rights Act (FRA) was originally meant to redress historical injustice to genuine forest dwellers by conferring rights to traditionally occupied forest land. Following a multi-tier verification process, individual and community rights to approximately 72,000 sq km of forest land have been granted to claimants since 2008. However, the process has also unearthed about 19 lakh ineligible or bogus claims, clearly showing that the Act has been used as a Trojan horse by opportunistic land grabbers. Thanks to high-resolution satellite imagery, such encroachments can now be easily exposed.

On February 13, in response to a Public Interest Litigation by three wildlife conservation organisations, the Supreme Court directed state governments to recover all forest land occupied illegally since the FRA was enacted. Subsequently, the court directed that evictions be put “on hold” till details on procedure of rejections are examined.

While the forest rights bill originally envisaged only the protection of Scheduled Tribes, the goal posts were subsequently shifted to include a huge number of undefined claimants characterised as Other Traditional Forest Dwellers. Secondly, the cutoff date for eligibility was arbitrarily shifted from October 25, 1980, to December 13, 2005, opening the door to lakhs of new claimants. Thirdly, the bill’s original intent to only provide provisional rights to people living within national parks and sanctuaries, with a five-year time frame to resettle them outside with due compensation, never made it into the Act.

National parks and sanctuaries are the only safe refuges for a host of critically endangered species that cannot survive in the face of relentless hunting by local people, commercial exploitation of forest products, and livestock grazing. In a concession to this ecological reality, the FRA provides for the declaration of Critical Wildlife Habitats: safe havens where animals can live free of conflict with humans. Sadly, however, not one sq km has been declared as a Critical Wildlife Habitat.

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