Context:
The Lucknow Bench of the Allahabad High Court set aside the rejection of forest rights claims of the Tharu tribe in Uttar Pradesh, holding that decisions inconsistent with the Forest Rights Act, 2006 are invalid. The ruling strengthens protection against arbitrary denial of forest rights.
- The case concerns the Tharu tribe of Lakhimpur Kheri (Uttar Pradesh), where 100+ families filed Community Forest Rights (CFR) claims under FRA.
- The District Level Committee (DLC) rejected these claims in 2021, relying on older legal provisions instead of FRA.
- The Forest Rights Act, 2006 recognizes individual and community rights of forest-dwelling tribes over land and resources, with claims processed through DLCs.
- The Court held that FRA, being a later central law, overrides earlier inconsistent orders, reaffirming that “later law prevails.”
- It emphasized that forest rights are “recognized and vested”, meaning they already exist legally and are not merely granted by the state.
- The judgment clarified that DLCs cannot arbitrarily reject claims and must strictly follow FRA procedures, failing which it amounts to a legal violation.
- It directed that no eviction or interference with occupation and livelihood can occur until the full verification and recognition process is completed.
- The Court reaffirmed that traditional rights such as grazing and forest resource use are protected, even in protected forest areas.
- The case highlights a broader issue where many claims were historically rejected or forests diverted, reflecting conflicts between conservation laws and community rights.
- Overall, the ruling strengthens FRA implementation by asserting that as a central law, it overrides conflicting state actions, while also exposing ongoing gaps in enforcement and protection of tribal rights.
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