PTI, NEW DELHI: The Supreme Court Wednesday agreed to hear the Centre’s plea seeking withholding of its February 13 order asking 21 states to evict nearly 11.8 lakh forest dwellers whose claims over the land have been rejected by the authorities.
The plea said that as the forest dwellers were extremely poor and illiterate, it was difficult for them to substantiate their claims before the competent authorities.
The Union Ministry of Tribal Affairs, through Solicitor General Tushar Mehta, rushed to the top court for modification of the order saying the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 was a “beneficial” legislation and should be construed liberally to help “extremely poor and illiterate people” who are not well informed of their rights and procedure under the law.
The apex court had on February 13 directed 21 states to apprise it about the action taken by them over the eviction of tribals and forest dwellers whose claim have been rejected.
A bench comprising Justices Arun Mishra and Naveen Sinha took note of the submissions of the solicitor general and agreed to hear the Centre’s plea on Thursday.
“It is respectfully prayed that this court may consider modifying its order…and direct the state governments to file detailed affidavits regarding the procedure followed and details of the rejection of claims and till then the eviction of tribal may be withheld.
“The eviction of tribals, without such information would cause serious prejudice to such tribal who have been residing in forests for generations,” the ministry said in its plea.
In the larger interest of tribals, farmers and forest dwelling communities, the Centre wishes to “take a holistic re-look” at the subject matter so that their “interests are fully protected”, it said.
Mehta also pointed out that the Centre decided to move apex court as it received feedback from the affected people and from various state governments that due process of law has not been followed in various cases.
The application said that the Act was made with an object to recognize the rights in “forest dwelling Scheduled Tribes” (FDST) and “other traditional forest dwellers” (OTFDs) who have been residing in forests for generations but whose rights have not been recorded.
“The FDSTs and OTFDs are extremely poor and illiterate people and not well informed of their rights and procedure under the Act. They live in remote and inaccessible areas of the forest. It is difficult for them to substantiate their claims before the competent authorities,” the Centre said.
It said that the Centre has time and again attempted to sensitize state governments while deciding the forest dwellers’ claims.
