[Featured Resource] An Unresolved Legal Question About Forest Rights

This week’s featured resource is An Unresolved Legal Question About Forest Rights by @kanchikohli of Namati. As legal empowerment practitioners continue to push for empowering communities, this resource is an example of how governments can abuse laws and decisions and how legal empowerment practitioners can interpret these laws and decisions to empower communities and other stakeholders towards advocacy. @kanchikohli we would love to hear your thoughts about how member’s could make the most use of this resource.

In January 2016, the district level authorities revoked the Community Forest Rights (CFR) granted to Ghatbarra village, located in Sarguja district of the central Indian state of Chhattisgarh, as per due process of law. The reason cited was that the exercise of these rights was coming in the way of coal mining operations in the area. Even as the final decision on a petition challenging this revocation is pending in the Bilaspur High Court, this paper seeks to examine two legal questions that arise out of the case.

More about An Unresolved Legal Question About Forest Rights

This resource explores the reason for cancellation and the decision in regard to the (Recognition of Forest Rights) Act, 2006 (FRA, 2006) and tries to address two legal questions.

  • First, was the cancellation of the title a legally permissible decision as per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA, 2006)?

  • Second, could the use of forest land for mining have been approved under the Forest Conservation Act (FCA), 1980, without recognizing or compensating for the pre-existing rights of the tribal communities living in and dependent on the forests?

You can access this resource in our library at the following link:

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The Featured Resource is a short profile of a key resource found in the resource library of the Global Legal Empowerment Network. These resources can be older or brand new, but they all touch on important themes within legal empowerment. If you have a resource you would like to profile with the network, upload it directly at this link or email it to community@namati.org

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