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The recent order by the Supreme Court (thehindu.com/news/national/…) in the #ForestRightsCase risks reversing hard won recognition of rights for India’s forest dwellers. Thread (1/10)
The case was brought by a group of conservation organisations that question the constitutional validity of the #ForestRightsAct, reflecting an old and discredited paradigm of #FortressConservation. thehindu.com/opinion/lead/w… (2/10)
A number of us wrote an open letter to these organisations in 2014, pointing out the risks of this petition for the conservation cause in India, and inviting them to withdraw the case. forestrightsact.com/2014/04/06/joi… (3/10)
The current order requires individual states to use eviction procedures to remove individuals whose claims under this Act have been rejected; this could impact up to 2 million people. Official records from @TribalAffairsIn here: tribal.nic.in/MPRnAddit.aspx (4/10)
What does rejection mean, in this context? Does a failure to provide detailed documentary evidence necessarily mean that the person has no rights, or can be deemed an illegal encroacher? Legal scholars like @sanjayeldf1 have worked on this: theprint.in/opinion/forest… (5/10)
The flawed system of forest settlement was never created to recognise local rights, and has remained inaccessible to marginalised communities since the colonial period; this was a #HistoricInjustice, acknowledged in legislation @kundan_kumarkun rightsandresources.org/en/publication…. (6/10)
This order presumes a level of legal literacy and empowerment that is out of touch with the realities that prevail in forest communities. Instead, should we consider if the Hon Supreme Court might reverse the #burdenofproof towards those who brought the case? (7/10)
Perhaps it is the petitioners who should be asked to provide verifiable legal evidence that shows that these groups are indeed 'encroachers'? Until then, all action against existing forest dwellers should be suspended. scroll.in/latest/914387/… (8/10)
Ultimately, this order is a dangerous step towards denying the rights of those who live in and around the forests, and can be the true guardians of our precious natural heritage. @atree_org has shown the power of communities in the BRT sanctuary atree.org/ccc_brt (9/10)
Those who support the Indian conservation cause should not celebrate this development; the forces ranging against conservation are far stronger (dnaindia.com/india/report-f…). We need to work together against the politics of #CronyCapitalism and its ecological & human costs. (10/10)
