Shimla:Forest dwellers in Himachal Pradesh, particularly in non-tribal areas, face evictions due to bureaucratic delays, judicial rulings and inconsistent implementation of the Forest Rights Act (FRA), 2006.
A report by Himdhara Environment Research and Action Collective highlights that slow enforcement of FRA has left many forest-dependent communities at risk of displacement.
The FRA recognises the rights of individuals and communities occupying forest land before December 13, 2005, for livelihood purposes. However, despite the state government’s decision to implement it in non-tribal areas in 2012, progress has been slow.
The report attributes this to conflicts between the Forest and Revenue Departments over land classification and a lack of awareness among affected communities.
Judicial interventions have further complicated the issue. In 2017, the Himachal Pradesh High Court allowed the regularising landholdings under five bighas. However, in July 2024, it ruled that encroachments on forest land require Central Government approval.
Evictions followed, including the July 30, 2024, order against Kansi Ram and others due to insufficient evidence of their status as Other Traditional Forest Dwellers (OTFD). In another case, Guman Singh from Paonta Sahib was denied relief by the Supreme Court due to procedural shortcomings.
Concerns about procedural fairness have also been raised. A Supreme Court ruling in November, 2024 cited due process violations and directed the state to ensure fair hearings and proper demarcation before evictions. Despite this, challenges persist.
On January 4, 2025, the High Court criticised state officials for their poor understanding of eviction laws, ordering their training while instructing utility boards to disconnect services to illegal encroachments.
The report identifies political indecision and administrative inefficiencies as key reasons for the delayed FRA implementation. Initial Forest Rights Committees (FRCs) were wrongly constituted at the Panchayat level instead of the village level, causing delays.