The Forest Case

1
The Forest Case

• A Case Study to lead to Action

2
Relevant Laws

• Constitutional provisions 5th and 6th Schedules
• Laws with problematic implementation
• Indian Forest Act (IFA 1927) Reserved forests
  and village-forests
• Forest Conservation Act (FCA 1980) Restriction
  on dereservation of land and use for non-forest
  purpose
• Wildlife Protection Act (WLPA)
• Progressive, non-implemented laws
• National Forest Policy (NFP 1988) talks abt
  symbiotic relationship between forests and
  adivasis
• PESA 1996 calls for empowering Gram Sabhas,
  appropriate local self-governance

3
Background of the Forest Case

• In 1995, PIL filed by GT, an ex-estate owner in
  Gudalur, TN, who was distressed by the illicit
  felling of timber from forests nurtured by his
  family for generations (since taken over by the
  government)
• SC has extended the scope of the petition to all
  parts of the country and has passed significant
  judgements at various points of time

4
SCs orders in 2002

• Feb 2002 Gave orders to Chief Secys of various
  states to outline the steps taken by them to
  prevent further encroachment of forest land (esp
  land in the hilly terrains, national parks etc),
  and to clear the encroachments from the forest
  which have taken place at an earlier point of
  time.
• May 2002 Set up Central Empowered Commission
  (CEC) in order to look into encroachments issue
  for the sake of forest preservation.

5
Letter from IGF in May 2002

• MoEF issued the circular on eviction of
  encroachments to senior state-level functionaries
• Referring to SC orders in 2002
• Outlined a Time Bound Action Plan for eviction
• Later that month, CEC endorses MoEF order
  recommends evictions

6
What is the problem?

• Encroacher definition
• Tribal livelihoods and rights
• Displacement
• Does it solve the environmental problem of
  concern?
• What about genuine encroachment by powerful
  lobbies?

7
Gujarat and AP as focus areas?

• In Gujarat, the Adivasi Mahasabha
• National Forest Commission
• Michaels suggestions
• In AP, 65 of the states forest area falls in
  the tribal belt
• Groups like APVVU working on different areas of
  interest

8
Possible strategies/action points

• Advocacy/networking/outreach related to the
  Forest Case preparing materials for NGOs for
  example
• Connecting with adivasi movements for tangible
  support (sangharsh nirmaan)
• Tribal health in Telangana?