Forest Rights and the Hasdeo Arand Case
The case in the Hasdeo Arand forests of Chhattisgarh highlights the conflict between community forest rights and developmental projects, notably mining.
Background
- In 2023, the Chhattisgarh High Court upheld the cancellation of community forest rights (CFR) for the Ghatbarra village.
- This decision worsened the plight of the Adivasi residents, whose forests were cleared for the Parsa East and Kanta Basan coal mine.
Forest Rights Act (FRA), 2006
- The FRA aims to correct historical injustices against forest-dwelling communities by recognizing their rights.
- Under the FRA, the settlement of forest rights and the consent of affected Gram Sabhas are prerequisites for forest land diversion under the Forest Conservation Act, 1980.
Legal and Administrative Actions
- In 2011, the Environment Ministry's Forest Advisory Committee (FAC) initially rejected the mining proposal, highlighting the area's ecological richness.
- Despite this, the project was eventually allowed to proceed in 2012, prioritizing developmental needs over ecological concerns.
- In 2014, the National Green Tribunal set aside the clearance but was later overruled by the Supreme Court, allowing mining to continue.
Ghatbarra Gram Sabha's Forest Rights
- The Ghatbarra Gram Sabha's CFRs were recognized in 2013 but were unilaterally revoked by the District Level Committee (DLC) in 2016.
- The High Court ruled that these rights were void because the land had been diverted for mining.
Judicial and Legislative Implications
- The judgment ignored Section 4(7) of the FRA, which mandates recognizing forest rights free of encumbrances.
- The court's suggestion of monetary compensation in place of restoring rights undermines the essence of the FRA.
- Evidence of FRA compliance in granting clearance was questioned due to possible forgery in Gram Sabha consents.
Conclusion
The Hasdeo case underscores the tension between legal procedures and actual justice in forest rights enforcement. The ongoing struggle highlights the need for strict adherence to FRA provisions to prevent the dispossession of Adivasi communities.