The Uttarakhand High Court has delivered a significant ruling concerning the rights of the nomadic Van Gujjar community, stating they may carry out self-cultivation on land they inhabit but are prohibited from engaging in commercial activities on it. The directive came during a hearing on a Public Interest Litigation (PIL) that highlights the inadequate implementation of the Forest Rights Act, 2006, in the state.
Court's Directive on Cultivation and Fodder
While hearing the petition, the bench responded to a submission made by amicus curiae Dushyant Mainali. He informed the court that forest officials in certain divisions were preventing members of the Van Gujjar tribe from cultivating land and growing fodder essential for their cattle. The tribe primarily inhabits areas around reserve forests and depends on cattle-rearing for its livelihood.
The court explicitly noted that the Van Gujjars may cultivate the land in question for their own needs but underscored that this permission does not extend to commercial exploitation. This clarification aims to balance the community's traditional livelihood practices with forest conservation laws.
The Core Issue: Awareness and Implementation of Forest Rights
The ongoing PIL at the heart of the hearing alleges a critical failure in publicising the rights granted to forest dwellers and tribal communities under the Forest Rights Act, 2006. The petition claims that a majority of forest dwellers, including the Van Gujjars, are either completely unaware of their statutory rights or do not fully understand them. It further states that the state has made little effort to inform these communities about the requirements and procedures under the Act.
In a positive step, the amicus curiae reported that, following earlier High Court directions, forest authorities have now involved the District Legal Services Authorities (DLSAs). Their role is to assist in the consideration and disposal of applications filed by individuals claiming forest rights. However, despite this mechanism, officials in some forest divisions continue to obstruct the Van Gujjars from their basic cultivation activities.
Ongoing Judicial Oversight and Future Steps
The court has been actively monitoring the situation. In a hearing on November 3, the bench observed that the Forest Rights Act mandates the formation of district-level committees to address these issues. The High Court directed that the secretary of the DLSA must be invited to these committee hearings. Furthermore, the DLSAs are required to submit periodic reports to the State Legal Services Authority (SLSA), which will then present them before the High Court for review.
District committees have also been instructed to notify the respective DLSAs about upcoming hearing dates and provide them with copies of petitions for consideration. This process is designed to ensure legal oversight and transparency.
Previously, during a hearing in August last year, the court had directed the Principal Chief Conservator of Forests of Uttarakhand to submit a comprehensive list of persons, including tribals and Van Gujjars, who are dwelling on forest land and engaging in cultivation, grazing, or related activities.
In the latest hearing, the amicus curiae also presented a note prepared by environmental expert Ajay Rawat, which was recorded by the court. The next hearing in this matter has been scheduled to take place after the court's winter vacation.
This case continues to spotlight the ongoing struggle for the rights of forest-dwelling communities in Uttarakhand, testing the practical implementation of a landmark central legislation meant to protect their traditional way of life.
