{"id":1218,"date":"2020-06-01T16:09:17","date_gmt":"2020-06-01T20:09:17","guid":{"rendered":"https:\/\/sites.bu.edu\/dome\/?p=1218"},"modified":"2020-06-01T16:10:08","modified_gmt":"2020-06-01T20:10:08","slug":"the-fear-of-forcible-eviction-deficiencies-in-indias-forest-rights-acts-recognition-of-indigenous-land-rights","status":"publish","type":"post","link":"https:\/\/sites.bu.edu\/dome\/2020\/06\/01\/the-fear-of-forcible-eviction-deficiencies-in-indias-forest-rights-acts-recognition-of-indigenous-land-rights\/","title":{"rendered":"The Fear of Forcible Eviction: Deficiencies in India’s Forest Rights Act’s Recognition of Indigenous Land Rights"},"content":{"rendered":"

Land rights has been an ongoing issue in India for many years now, but there are some communities that end up being more vulnerable than others. This was made clear on February 13<\/span>th<\/sup><\/span>, 2019, when the Supreme Court of India released <\/b>an order for mass evictions<\/span><\/a> of indigenous forest dwellers from forest areas for the goal of conserving<\/span><\/a> these lands. Here, the conflict itself is not surprising because evictions has been a persistent issue throughout Indian history, but it is the degree of how many individuals would be impacted that made this news so surprising.<\/span><\/p>\n

This order was later stayed<\/span><\/a> for the purpose of asking states to provide more details on the steps of eviction due to the nearly one \"\"<\/a>to two million indigenous people who would be affected by the declaration. This order is significant for illustrating the deficiency<\/span><\/a> in current legislation and also for shedding light on the consequences faced by vulnerable communities<\/span><\/a> who live in fear of being forcibly evicted<\/span><\/a> from lands that they live on, depend on, and survive on. This article will lay out the process and current critiques of the FRA, and further discuss the ongoing arguments for and against the mass eviction ordered in the February 13<\/span>th<\/sup><\/span> decision.<\/span><\/p>\n

Forest Rights Act of 2006<\/b><\/span><\/p>\n

Enacted in 2006, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act<\/span><\/a> (commonly referred to as the Forest Rights Act (FRA)) was intended to protect<\/span><\/a> indigenous populations. The FRA sought to substantiate and recognize land claims of forest dwellers. The FRA brings two groupings of individuals within its purview:<\/span><\/p>\n

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  1. Forest dwelling Scheduled Tribes,<\/b><\/span><\/a> which includes members of Scheduled Tribes who primarily reside and live off the land, and<\/span><\/li>\n
  2. Other traditional forest dwellers<\/b><\/span><\/a>,<\/b> which includes anyone who can prove that they have resided on and lived off the land for \u201cat least three generations.<\/span>\u201d<\/a><\/span><\/li>\n<\/ol>\n

    To obtain legal recognition of their land rights individuals must file a three stage<\/span><\/a> claim.<\/span><\/p>\n

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    Gram Sabha<\/figcaption><\/figure>\n