THENI: Urging the Tamil Nadu government to place the legal rights guaranteed under the Forest Rights Act (FRA), 2006, before the Supreme Court, thousands of traditional forest dwellers and farmers from 98 villages in the Megamalai hills and Varusanadu areas staged a protest against eviction near the Theni Collectorate on Friday (August 7).
Leaders of major political parties, including the ruling TVK, joined the protest and assured the demonstrators that they would take up the issue with the state government to prevent the eviction of residents from 98 villages under nine panchayats, including Megamalai, Varusanadu and Thummakundu, in the Kadamalaikundu-Myladumparai Union.
The protest comes in the wake of the Supreme Court's May 29 order, in which, based on the recommendations of the Central Empowered Committee (CEC), it directed the Tamil Nadu government to implement a time-bound eviction plan to clear long-pending encroachments in protected forests, take action against government employee encroachers and restore reclaimed forest land.
However, members of the Traditional Forest Dwellers' Rights Association (TFDRA) contended that the legal rights guaranteed to traditional forest dwellers under the FRA were not adequately brought to the notice of the apex court.
"While the Supreme Court relied on the CEC to arrive at its conclusions, was it not the duty of the state government to explain that the separate legal mechanism prescribed under the FRA should be followed to determine whether a person has rights over forest land?" asked the association's secretary, Marthu Pandi, who participated in the protest.
Puyal Mannan (54), a third-generation farmer from Thummakundu village, said, "Like our forefathers, we depend on this land for our livelihood. Earlier generations cultivated millets, but today we grow silk cotton, cashew and lemongrass to meet family expenses and educate our children. We earn less than Rs 2 lakh a year. I wonder how the Court concluded that farmers do not need this land for their livelihood."
The protesters said the Forest Department had issued eviction notices asking them to vacate the land while calling upon them to submit objections.
While the SC relied on CEC to arrive at its conclusions, was it not the duty of the state government to explain that the separate legal mechanism prescribed under FRA should be followed to determine whether a person has rights over forest land?Maruthu Pandi, Traditional Forest Dwellers' Rights Association president
"Now we have learnt that, under the FRA, the Gram Sabha alone has the authority to determine the claims of traditional forest dwellers and recommend the grant of pattas," said one of the protesters.
According to the association, families that have cultivated forest land for three generations are eligible to seek recognition of their rights under the FRA.
Pandi contended that the High Court had overlooked the FRA's self-contained mechanism for deciding forest rights through the Gram Sabha, the Sub-Divisional Level Committee (SDLC) and the District Level Committee (DLC). He urged the state government to place this legal position before the Supreme Court.
The protesters said that, unlike earlier forest laws that primarily focused on conservation, the Forest Rights Act recognises traditional forest dwellers as an integral part of the forest ecosystem and entrusts them with rights and responsibilities to protect it.
Following the protest, the demonstrators submitted a memorandum to Theni District Collector R Vaithinathan, seeking the state government's intervention to safeguard their legal rights.