High Court Upholds Forest Rights Act Overriding Powers

Why in News ?

The Allahabad High Court reaffirmed the supremacy of the Forest Rights Act (FRA), 2006, striking down a District Level Committee’s decision rejecting tribal claims, and highlighting ongoing violations such as eviction orders and denial of grazing rights across multiple states. This landmark ruling strengthens environmental jurisprudence and reinforces the precautionary principle in protecting forest dwellers’ rights.

Key Judgment and Legal Intervention:

• The Allahabad High Court ruled that later laws override earlier laws and conflicting court orders, establishing a crucial precedent in environmental democracy.
• It struck down the decision of the District Level Committee (DLC) in Lakhimpur, Uttar Pradesh.
• The DLC had rejected forest rights claims of the Tharu tribal community citing an older Supreme Court interim order (2000).
• The Court held that such reliance violated the Forest Rights Act (FRA), 2006, which has overriding authority over the Forest Conservation Act and other earlier legislation.
• FRA explicitly states that rights are granted “notwithstanding anything contained in other laws”, including provisions related to environmental clearances and land use regulations.
• The ruling emphasised that forest dwellers cannot be evicted until claims are fully verified, rejecting any ex post facto justifications for displacement.
• The decision reinforces the legal principle of legislative supremacy of newer laws over outdated provisions, similar to principles established in the Vanashakti judgment.

Issues of Implementation and Violations

• Authorities continue to issue eviction orders under the Tamil Nadu Forest Act, 1882 despite FRA protections, often bypassing proper environmental impact assessment procedures.
• Several High Court rulings (2017–2022) dismissed similar FRA claims, indicating systemic inconsistency in applying environmental jurisprudence.
• FRA prohibits eviction until recognition and verification of claims are complete, preventing post facto regularisation of illegal evictions.
• Example: Uttarakhand High Court ordered no coercive action against claimants until final adjudication, upholding the right to a pollution free environment.
• Grazing Rights Issue:

○   FRA recognises grazing rights in forest areas without requiring separate environmental clearance.

○   However, courts have upheld bans citing wildlife protection laws (e.g., TNFA Section 57), creating conflicts with FRA provisions.

• Authorities often label forest dwellers as encroachers, denying them legal entitlements and violating the polluter pays principle by penalising communities rather than addressing actual environmental degradation.
• The ruling exposes administrative resistance and poor enforcement of FRA provisions, particularly regarding retrospective environmental clearances and ex-post approvals for forest land diversion.

About Forest Rights Act & Key Provisions: ●  Forest Rights Act, 2006 (FRA): ○   Recognises rights of Scheduled Tribes and forest dwellers over forest land, promoting environmental democracy. ○   Aims to correct historical injustices caused by colonial forest laws and arbitrary environmental clearances. ●  Key Rights under FRA: ○   Land rights for habitation and cultivation ○   Grazing and minor forest produce rights ○   Community forest resource rights ●  Important Institutions: ○   Gram Sabha: Primary authority to verify claims ○   District Level Committee (DLC): Final approval body ●  Legal Principle: ○   FRA overrides conflicting provisions of earlier laws like Indian Forest Act, 1927, TNFA 1882, and the Forest Conservation Act, as well as regulations under the EIA Notification and Coastal Regulation Zone norms where they conflict with tribal rights. ●  Eviction Rule: ○   No eviction until claims are processed and verified, preventing ex post justifications for displacement.