A mindless denial

District level bodies are increasingly refusing tribal population's rights over resources guaranteed by the forest rights Act

- HIMANSHU NITNAWARE

WE DO not find any plausible reason as to why the Committee ought not to have made an assessment of the forest rights of the forest dwellers, without taking into account the object and scope behind the Act.” With these words, the Lucknow Bench of Allahabad High Court, on April 9, set aside a decision of Uttar Pradesh's Lakhimpur Kheri District Level Committee (DLC). In 2021, the DLC had rejected Tharu tribal community's claims over forest resources of Dudhwa Tiger Reserve.

The Act referred to in the judgement is the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or FRA, which guarantees forest dwellers rights over forest resources.

Under FRA, tribal populations can claim community or individual forest rights with the gram sabha (village council). The gram sabha sends the claim to the Sub Divisional Level Committee (SDLC), which forwards it to DLC, whose decision “shall be final and binding”, states FRA.

In 2013, about 3,000 families from 20 villages in Lakhimpur Kheri filed 20 community rights claims. The gram sabhas sent it to the SDLC, where the matter remained pending for about six years. In 2019, the SDLC forwarded the claims to the Lakhimpur Kheri DLC, where it again remained pending for about two years. Finally, on March 15, 2021, the DLC rejected the claim, basing its decision on a Supreme Court interim order of November 13, 2000 that barred “de-reservation of forests/sanctuaries/national parks”. Consequently, some 107 Tharu community members challenged DLC’s decision at the high court, which in its April 9 order directed "the authorities to grant an opportunity of hearing to the petitioners and/or their representatives, and thereafter, pass a reasoned order in accordance with law."