Fresh eviction orders issued in the Agasthyamalai Biosphere Reserve have reignited concerns over the implementation of the Forest Rights Act (FRA), with experts alleging that authorities and the judiciary are misinterpreting key provisions of the law.
Agasthyamalai, a 3,500 square kilometre biosphere reserve spread across Tamil Nadu and Kerala, is home to several indigenous and traditional forest dwelling communities whose rights are protected under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
According to the report, the recent eviction actions continue a pattern of restricting the rights of forest dependent communities despite legal safeguards provided under the FRA.
The article argues that the FRA does not require traditional forest dwellers to prove occupation of forest land for three generations before 2005 to claim rights. It also states that the law does not impose a blanket ban on commercial activities across all forest lands.
However, the report alleges that these interpretations have been used by administrative authorities and courts to deny or delay recognition of legitimate forest rights, affecting the implementation of the legislation.
The Forest Rights Act was enacted to recognise the customary rights of Scheduled Tribes and other traditional forest dwellers over forest land and resources, while also promoting their participation in forest conservation and management.
The issue has renewed debate over balancing biodiversity conservation with the legal rights and livelihoods of indigenous communities living within protected forest landscapes.