{"id":89970,"date":"2019-02-28T17:17:35","date_gmt":"2019-02-28T11:47:35","guid":{"rendered":"http:\/\/factly.forumias.com\/?p=1877"},"modified":"2019-02-28T17:17:35","modified_gmt":"2019-02-28T11:47:35","slug":"modify-feb-13-eviction-order-of-lakhs-of-forest-dwellers-centre-urges-sc-2","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/modify-feb-13-eviction-order-of-lakhs-of-forest-dwellers-centre-urges-sc-2\/","title":{"rendered":"Modify Feb. 13 eviction order of lakhs of forest dwellers: Centre urges SC"},"content":{"rendered":"\n
  1. The Centre and the State of Gujarat has filed\napplications urging the Supreme Court to modify its February 13 order. The\nSupreme Court had directed the eviction of more than 10 lakh of Scheduled\nTribes (STs) and other traditional forest dwellers whose claims for forest land\nrights have been rejected under the Forest Rights Act of 2006.<\/li>
  2. According to the centre\u2019s application the forest\nrights Act, 2006, is in tune with several international covenants such as a) UN\nuniversal declaration on human rights which recognizes the equal rights of the\nhuman family (India is a signatory), b) UN convention concerning Indigenous and\ntribal population which seeks to protect ownership rights of population over lands\nthey traditionally occupy ( Ratified by India), c) UN declaration on rights of\nIndigenous people which mandates to protect the rights of indigenous people to\nlands, territories and resources which they traditionally own, occupy and use (India\nis a signatory),  d) UN convention on\nbiological diversity: advocates preservation of indigenous knowledge and\npractices (India is a party) and , e)  Rio declaration on Environment and Development:\nProclaims indigenous people have a vital role in environmental management.<\/li>
  3. In its application, the Centre has said that the\nclaims of lakhs of forest-dwelling STs and other traditional forest dwellers\nwere rejected by the States without observing due process of law. The\nCentre also argued that that there is no specific provision in the 2006 Act for\neviction after a claim is rejected.<\/li>
  4. Section 6 of the FRA provides a transparent\nthree step procedure for deciding on who gets rights under the Act: a) the Gram\nSabha makes a recommendation, b) the gram sabha’s recommendation goes through\ntwo stages of screening committees at the taluka and district levels c) At both\nthe taluka and the district levels, any person who believes a claim is false\ncan appeal to the Committees, and if they prove their case the right is denied.\nWhen the claim is recognised under the Act, and the land cannot be sold or\ntransferred.<\/li>
  5. The Centre has highlighted various issues with filing\nand verification of claims of rights under FRA, 2006: a) illiterate and poor tribes\nand forest dwellers do not know the appropriate procedure for filing claims, b)\nThe gram sabhas are low on awareness about how to deal with these claims, c) unrealistic\ntimelines in deciding claims, d) lack of support from the district\nadministration concerned in providing revenue or forest maps, e) rejection of\nclaims despite incomplete or insufficient evidence, and f) rejection orders not\ncommunicated to the forest-dwelling STs and communities.<\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

    The Centre and the State of Gujarat has filed applications urging the Supreme Court to modify its February 13 order. The Supreme Court had directed the eviction of more than 10 lakh of Scheduled Tribes (STs) and other traditional forest dwellers whose claims for forest land rights have been rejected under the Forest Rights Act… Continue reading Modify Feb. 13 eviction order of lakhs of forest dwellers: Centre urges SC<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1731],"tags":[4257],"class_list":["post-89970","post","type-post","status-publish","format-standard","hentry","category-bill-and-acts","tag-forest-rights-act","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704876201},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/89970","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=89970"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/89970\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=89970"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=89970"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=89970"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}