What does the latest ruling mean for Forest Rights Act?, Pg10

Key Highlights:

• Allahabad High Court reminded the District Level Committee (DLC) in Lakhimpur, UP, that later laws override previous inconsistent orders.
• The High Court struck down the DLC’s 2021 rejection of forest rights claims by the Tharu tribal community.
• The Forest Rights Act (FRA) 2006 recognizes forest rights regardless of other existing laws.
• High Court did not penalize the DLC for violating the FRA, instead asking them to reconsider their decision.

Detailed Insights:

• The core legal principle states that later laws supersede conflicting provisions in earlier laws and court orders.
• The FRA disallows eviction of forest dwellers from occupied land until verification is complete, but this is repeatedly disregarded.
• Madras High Court dismissed petitions challenging eviction notices, stating FRA claims would waste time, and continues to allow eviction orders under the Tamil Nadu Forest Act (TNFA) 1882, despite the FRA overriding it.
• The FRA recognizes grazing rights in all forests, including tiger reserves, national parks and wildlife sanctuaries, but the Madras High Court upheld a grazing ban based on the TNFA.

Key Concepts Involved:

• Forest Rights Act (FRA) 2006: Law recognizing the rights of forest-dwelling communities to forest resources and land.
• District Level Committee (DLC): Committee responsible for implementing and monitoring the FRA at the district level.
• Gram Sabha: Village assembly, a statutory authority under the FRA, empowered to protect forest rights.

FRA, 2006