Shimla, Feb 4,
Forest dwellers in Himachal Pradesh, particularly in non-tribal regions, continue to face evictions due to bureaucratic delays, judicial interventions, and inconsistent implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA). According to a brief note shared by the Himdhara Environment Research and Action Collective, the slow execution of the FRA has left many forest-dependent communities vulnerable to displacement.
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The FRA recognizes the rights of individuals and communities occupying forest land before December 13, 2005, for livelihood purposes. However, despite the state government’s decision in 2012 to implement the FRA in non-tribal regions, progress has been slow. The report highlights that the Himachal Pradesh Tribal Development Department, the nodal agency for implementation, has struggled with bureaucratic conflicts, particularly regarding land classification disputes between the Forest and Revenue Departments. Adding that, a lack of awareness among affected communities has further hindered the process.
Judicial interventions have played a significant role in shaping the state’s eviction policies. Citing some cases the report mentioned that In 2017, the Himachal Pradesh High Court permitted land regularization for holdings under five bighas. However, in July 2024, it ruled that encroachments on forest land could not be regularized without Central Government approval, they noted. Subsequent eviction orders, such as the July 30, 2024, order against Kansi Ram and others, citing lack of evidence of their status as Other Traditional Forest Dwellers (OTFD). In some cases, like that of Guman Singh from Paonta Sahib, the Supreme Court denied relief, citing procedural shortcomings in the petition.
The eviction process has raised concerns about procedural fairness, stated the report. Adding that, a Supreme Court ruling in November 2024 highlighted due process violations, instructing the state to ensure proper demarcation and fair hearings for evictees. However, challenges persist. On January 4, 2025, the High Court criticized state officials for their poor understanding of eviction laws, mandating training for them while directing utility boards to disconnect services to illegal encroachments.
In the report, the slow enforcement of FRA has been attributed to various factors, including political indecision and administrative inefficiencies. The initial constitution of Forest Rights Committees (FRCs) at the Panchayat level instead of the village level led to delays and reconstitutions, it highlights. Furthermore, many eviction cases are based on pre-FRA policies, making them incompatible with the Act’s protections.
The report stated that legal contradictions have also caused uncertainty. While courts have allowed land regularization in the past, recent rulings have taken a stricter stance. Experts argue that rather than relying on outdated encroachment laws, the state should focus on effective FRA implementation, possibly capping claims at 10 bighas to prevent misuse while safeguarding genuine forest dwellers.
The report by Himdhara Environment Research and Action Collective recommends that the Himachal Pradesh government request judicial relief for time-bound FRA enforcement before carrying out further evictions. Additionally, proper training for officials, fair land demarcation, and ensuring due process in eviction cases are emphasized. The organization also warns against arbitrary disconnection of electricity and water services, which disproportionately affects marginalized communities.
With the FRA intended to protect forest-dependent populations, its delayed implementation has led to a legal and humanitarian crisis, concluded the collective.
