Civil Society urges State to defend Forest Rights Act amid Court-Ordered Evictions
Shimla, Sept 2,
A coalition of over twenty community organisations, Gram Sabhas, and civil society groups from across Himachal Pradesh has urged the State Government and its Tribal Development Department (TDD) to take immediate steps to defend the Forest Rights Act (FRA), 2006 in light of recent High Court-directed eviction orders.
In a memorandum submitted today to senior officials, including the Chief Secretary of Himachal Pradesh, the coalition emphasised that the FRA is a central law that overrides older legislations such as the Indian Forest Act, 1927, the Forest (Conservation) Act, 1980 and state-specific eviction laws. They warned that failing to uphold this legal framework could result in the unlawful displacement of thousands of eligible claimants.
The TDD itself had earlier acknowledged, in an August 11 legal note, that central law prevails over state law. However, it also stated that eviction orders must be carried out unless stayed by higher courts. Activists have termed this stance contradictory and a breach of the Department’s responsibility to ensure just implementation of FRA.
Citing Section 4(5) of the Act, which prohibits evictions until all claims are settled, groups alleged that uncertainty and fear were spreading across forest-dependent communities—even among those awaiting titles. “The responsibility rests squarely with the State government and its nodal agency,” said Jiya Lal Negi of Zila Van Adhikar Sangarsh Samiti, Kinnaur.
Calling the situation a “test of accountability,” the groups placed three urgent demands before the State: defend FRA provisions in court, guarantee protection against evictions until due process is complete, and expedite FRA implementation across districts.
“The law is clear. Accountability means the government must argue this in court and ensure that no community is deprived of its constitutional protections,” said Guman Singh of Himalaya Niti Abhiyan.
The memorandum has been endorsed by organisations from Kinnaur, Lahaul-Spiti, Kullu, Chamba, Sirmaur, and other districts, including Himdhara Collective, Lahaul Van Adhikar Manch, Spiti Civil Society, and Himalaya Bachao Samiti.
Civil society leaders said that the credibility of the government hinges on how it responds. “Promises of full-scale FRA implementation mean little if claimants continue to face eviction threats,” added Jagdish Katoch of Lahaul Van Adhikar Manch.
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
