Debunking The Myth That Forest Rights Act Is Against Forest Conservation
Live LawIn the recent imbroglio surrounding the Supreme Court order on eviction of forest rights claimants whose claims have been rejected, good sense finally prevailed and the Apex Court stayed its own order on the basis that there needs to be better investigation into whether due process under Scheduled Tribes and Other Traditional Forest Dwellers Act popularly known. In the recent imbroglio surrounding the Supreme Court order on eviction of forest rights claimants whose claims have been rejected, good sense finally prevailed and the Apex Court stayed its own order on the basis that there needs to be better investigation into whether due process under Scheduled Tribes and Other Traditional Forest Dwellers Act popularly known as the Forest Rights Act has been followed or not. It was mandated under the Scheduled Tribes and Other Traditional Forest Dwellers Amendment Rules, 2012 that 'the State Government shall ensure through its departments especially tribal and social welfare, environment and forest, revenue, rural development, panchayati raj and other departments relevant to upliftment of forest dwelling scheduled tribes and other traditional forest dwellers, that all government schemes including those relating to land improvement, land productivity, basic amenities and other livelihood measures are provided to such claimants and communities whose rights have been recognized and vested under the Act.' Apart from a misunderstanding of the provisions; incorrect constitution of agencies and irregular meeting of these agencies;restrictive practices being followed under already existing forest-centric laws; lack of good quality evidence to support claims; awareness problems amongst the communities on the Act provisions; inadequate monitoring system at the national and state level; and post recognition issues, odds are generally stacked against the tribals and forest dependent communities of this country.