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LATEST NEWS UPDATES | State must follow Act for forest rights of tribals: HC

State must follow Act for forest rights of tribals: HC

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published Published on May 5, 2013   modified Modified on May 5, 2013
-The Indian Express


Ahmedabad: The Gujarat High Court on Friday ordered the state government to strictly adhere to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of) Forest Rights Act, 2006, and the rules framed thereafter under this central Act.

The order came on a public interest litigation (PIL) by a group of NGOs, which said the state government was violating the provisions of the Act in deciding the claims of tribals and had arbitrarily rejected more than one lakh such claims. The PIL was moved by Action Research in Community Health & Development (ARCH), Rajpipla Social Service Society (RSSS) and Paryavaran Suraksha Samitee.

Under the provisions of the Act, tribals get individual rights over forest lands such as occupation for habitation/self-cultivation as well as community rights, which include right to own, access, use and dispose all minor forest produce as also the right and duty to protect, regenerate or conserve or manage forest resources as community forest resources for sustainable use.

The Act also prescribes a procedure under which claims of tribals on forest land are to be decided by the state forest department. According to the PIL, the state forest department was not approving the evidence produced by tribals as prescribed in the Act to establish their claims.

By the end of June 2011, the state government had rejected 1,13,700 claims by tribals in different districts, the PIL stated. Bhushan Oza, the lawyer for one of the petitioners, said, "The court has ordered to maintain status quo on the possession of forest land by tribals before their claims are decided."


The Indian Express, 4 May, 2013, http://www.indianexpress.com/news/state-must-follow-act-for-forest-rights-of-tribals-hc/1111390/


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