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SC stays February 13 order for eviction of tribals from forests

Over 10 lakh tribals were to be evicted from 21 states.

New Delhi: In a huge relief to over 10 lakh tribals, the Supreme Court on Thursday stayed its February 13 order directing eviction of “forest dwelling Scheduled Tribes” (FDST) and “other traditional forest dwellers” (OTFDs) whose claims have been rejected by the States governments concerned.

A bench of Justices Arun Mishra, Navin Sinha and M.R. Shah passed this order on an application filed by the Centre and State of Gujarat seeking suspension of the order in the larger interest of tribals facing eviction.

Solicitor General Tushar Mehta submitted to the court that the eviction order has affected a large number of families.

He said the states should first file proper affidavits on the procedure followed in the verification of forest rights claims before any such eviction.

The eviction of the tribals may be withheld, as the eviction of tribals, without such information, would cause serious prejudice to them who have been residing in forests for generations. Many are poor and illiterate.”

Justice Mishra asked “whether the Centre was caught in a slumber for the past three years.”

He pointed out that the February 13 order was only a follow-up of the court’s order on January 29, 2016, which had also directed the eviction of encroachers into forestlands.

The court asked why there was no mechanism in place in the states or in the Centre to review the rejection orders.

The bench, accepting that it is a human problem, stayed its order and directed states to submit details of the process adopted in rejection of claims under the Forests Rights Act and the authorities which passed the orders and also whether the State Level Monitoring Committees under the Act monitored the process.

The states have been directed to submit details within 4 months, and till then the implementation of February 13 order has been stayed.

The court, however, said “the mighty and the undeserving” who have encroached on forestlands would be shown no mercy.

Senior advocate Shyam Divan, for petitioner NGO Wildlife First, submitted that lakhs of genuine claims were honoured under the FRA.

He brought to the notice of the court the MoTA’s data up to November 2018 that 42,24,951 claims from individuals and communities were received till November 30 last year.

( Source : Deccan Chronicle. )
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