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Modify forest dwellers’ eviction order: Centre
Why in news?
- The Centre filed an application on Wednesday urging the Supreme Court to modify its February 13 order directing the eviction of thousands of STs and OTFDs.
- Whose claims for forest land rights have been rejected under the Forest Rights Act of 2006.
More in news
Centre’s argument against the SC judgement:
- Centre said the claims of lakhs of forest-dwelling STs and OTFDs had been rejected by the States without observing due process of law.
- Low on awareness: Being poor and illiterate people who live in remote areas, they do not know the appropriate procedure for filing claims.
- Gram sabhas: which initiate the verification of their claims, are low on awareness about how to deal with these claims and rejection orders are not even communicated to the forest-dwelling STs and communities.
Series of letters highlighting issues by centre to state govt.
- High rate of rejection of claims,
- Non-communication of rejection order,
- Unrealistic timelines in deciding claims,
- Irregular holding of State Level Monitoring Committee meetings,
- Lack of support from the district administration concerned in providing revenue or forest maps,
- Rejection of claims despite incomplete or insufficient evidence
- It was requested that technology such as satellite imagery may be used for consideration of claims. Suggested by centre to state.
- But no efforts seem to have been taken by the State governments to remedy the situation to effectively implement the 2006 Act, the Centre indicated.
Global outlook:
- According to centre, FRA 2006 is in tune with several international covenants.(1) UN universal declaration of human rights.(2) UN convention concerning Indigenous and tribal population.(3) UN declaration on Rights of indigenous people.(4) UN convention on Biological diversity.
Way forward
- It is uncertain whether the data furnished by the State governments accurately indicates whether the rejection orders were passed after observance of due process of law.
- compliance with principles of natural justice and whether appeal mechanisms have been properly exhausted.
- Without such information and compliance with the mandate of law in letter and spirit, the eviction of such tribals, would amount to serious miscarriage of justice.
Source
The Hindu.