Forest Rights Act being jeopardised: Manch

“What are being termed as encroachments are legal occupations on forest lands for which there are eligible legal titles, to be issued using the provisions of the Forest Rights Act 2006”. Himachal Van Adhikar Manch.

Tribune News Service

Shimla, March 1

Himachal Van Adhikar Manch today condemned the state Forest Department for violating the provisions of Forest Rights Act 2006, which recognises the individual and community claims of Scheduled Tribes and Other Forest Dwelling Communities on forest lands.

In a statement issued here today, Akshay Jasrotia, convener of the manch, said the department was violating the Act by continuing with its eviction drive on so-called forest encroachments using the Public Premises Act. “These eviction drives are illegal and are leading to loss of livelihoods of thousands of occupants who are not ‘encroachers’ but ‘right holders’ under the Forest Rights Act 2006”, he said.

On February 27, the Him Lok Jagriti Manch, a local citizens forum, organised a meeting in district headquarters Rekong Peo, with the 96 occupants of Kinnaur district who had been issued summons by the forest officials.

He said the Forest Department was simply violating the FRA 2006 by using the Public Premises and Land (Eviction and Rent) Recovery Act 1971 where as the latter is a state legislation, while the FRA is an Act of the India Parliament and Section 4(1) of the FRA overrides all other legislations to recognise and vest forest rights to STs and other forest dwelling communities.

“What are being termed as encroachments are legal occupations on forest lands for which there are eligible legal titles, to be issued using the provisions of the Forest Rights Act 2006”, said Prakash Bhandari of Himachal Van Adhikar Manch.

“The use of the HP Public Premises and Land (Eviction and Rent) Recovery Act for these eviction drives is nothing but illegal because the Forest Rights Act has already vested the rights to the occupants on forest land. In fact the FRA was created to protect them from evictions in the first place,” he said.