Without land or recourse (Large-scale eviction of forest-dwellers is disturbing)

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 Without land or recourse (Large-scale eviction of forest-dwellers is disturbing)

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• Lakhs to be evicted : When the Supreme Court ordered on Feb. 13, 2019 that forest-dwellers whose claims have been rejected ought to be evicted, it set a dangerous precedent. How? The claims were part of the ST and OTFD (Recognition of Forest Rights) Act, 2006 commonly called Forest Rights Act (FRA). The order negated claims under special Constitutional protection (of communities already under huge pressure due to govt. apathy).
• The Supreme Court's responsibility : It has to uphold the constitutional claims, and equal citizenship.
• Details :

1. The Case - It is Wildlife First & Ors. v. Ministry of Forest and Environment & Ors.
2. In the last order of 2016 the question was framed as "the constitutional validity of FRA and preservation of Forests in light of the FRA".
3. Petitioner stated in 2016 that 44 lakh claims filed in various States saw 20.5 lakh rejections.
4. SC had then said that a claim here means that "a claimant has been in possession of a piece of land in forest areas". That includes individuals and communities.
5. Then the order stated that if a claim is found to be wrong, no Patta will be granted and "the claimant will need to be evicted from that land or some other action is needed". Thus, the order means that the claimant cannot contest the rejection of claim!

• The Feb. 2019 order : The S.C. directed governments in 21 States to carry out evictions of rejected claimants immediately without delay before July. That pops up various questions.

1. What is "rejection of claims" - The Xaxa Committee reported in 2014 that 60% forests in India are in tribal regions, protected by Article 19 (5), and Schedules V and VI.
2. [Xaxa Committee = High-Level Committee on Socio-Economic, Health and Education Status of Tribal Communities in India]
3. Xaxa Committee said about claims that "random rejections of claims is happening without giving concrete reasons, due to lack of evidence, or absence of GPS survey", or land wrongly considered "not forest land" etc.
4. Rejections aren't being communicated to claimants and right to appeal is absent in practice!

• Rejection is hence not proof of crime : In such circumstances, if a State rejects a tribal's claim, it is not proof of "crime of encroachment". The large number of rejections is proof of something terribly wrong happening.
• Wildlife First versus the State : That is how it appears to be - a private party versus the State! But one can see that both have joined forces to evict the most vulnerable communities living in constitutionally protected regions. The "Samata judgment of SC 1997" had protected them.
• What happens now? Forced evictions of many lakhs of tribals (STs and OTFD people). Can the SC actually order it for the protected areas under Schedule V and VI? Adivasi homelands cannot be destroyed like this.
• Article 19(5) : It specifically asks the State to make laws for "protection of interests of any Scheduled Tribe". The SC order 2019 violates this fundamental right directly (not just a legal or statutory right). 
• Strange development : The year 2018 saw many sterling judgments from the SC on privacy rights and Section 377 that spoke of autonomy, liberty, dignity and constitutional morality. Now, that very court has passed an order that will dispossess entire communities protected under the constitution.
• Summary : A major problem is about to erupt as the Supreme Court has instructed 21 states to begin evicting several lakh tribals and others from forests, whose claims have been rejected.

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