Forest communities hold Himachal government accountable for protecting forest rights
Forest communities hold Himachal government accountable for protecting forest rights
Shimla, Sept 1
A coalition of over twenty community organisations, Gram Sabhas and civil society groups from across Himachal Pradesh have called on the Tribal Development Department (TDD) and the State Government to take immediate, accountable action to uphold the Forest Rights Act (FRA), 2006 in light of recent High Court eviction orders.
In a memorandum submitted today to the Additional Chief Secretary (Tribal Development), Tribal Development Minister Jagat Singh Negi, the Secretary, Ministry of Tribal Affairs (Government of India) and the Chief Secretary of Himachal Pradesh, the groups reminded the State that the FRA is a central constitutional law that overrides older legislations and that it is the duty of the State government to defend this law and this must be invoked to protect eligible claimants rights who currently face the threat of blanket evictions.
The TDD itself, in a legal opinion issued on 11 August 2025 in response to a query of the law department, acknowledged that central law prevails over state law. Yet, in the same letter, the Department argued that since eviction orders were passed by the High Court, ‘they must be complied with unless stayed by the High Court or the Supreme Court’. Community groups say this position is legally untenable and also contradictory to the Department’s earlier own mandate to ensure and complete FRA implementation in a just and timely manner.
Eviction fears are spreading across the state—even among those who have filed claims or are awaiting titles under FRA. Section 4(5) of the Act clearly prohibits any eviction until claims are fully recognised and verified. “Who will be held accountable if claimants are evicted despite the law’s protection?” asked Jiya Lal Negi from Zila Van Adhikar Sangarsh Samiti, Kinnaur. “The responsibility rests squarely with the State government and its nodal agency, the Tribal Development Department.”
The groups stressed that accountability is not only moral but legal. The FRA begins with a non-obstante clause (Section 4(1)), giving it precedence over the Indian Forest Act, 1927; the Forest (Conservation) Act, 1980 and state laws such as the Himachal Pradesh Public Premises and Land (Eviction and Rent Recovery) Act, 1971.
“This means the State has no excuse,” said Guman Singh from Himalaya Niti Abhiyan. “The law is clear. The government must argue this in court. If it fails, the responsibility for the dispossession of thousands will lie with the government itself.”
The memorandum also cites the Ministry of Tribal Affairs’ official FAQs, which confirm that no eviction is lawful until all claims are fully processed.
The coalition has placed three urgent demands before the State Government and the TDD:
- Defend FRA in Court – Ensure that the overriding provisions of FRA, 2006 are effectively argued before the High Court and, if necessary, the Supreme Court, in all encroachment-related proceedings.
- Guarantee Protection Against Evictions – Protect all FRA claimants from eviction until recognition and vesting of rights are fully completed, as mandated under Section 4(5).
- Expedite FRA Implementation – Issue binding directions to all concerned State authorities to fast-track implementation in its true spirit, ensuring that it is not undermined by older legislations or executive actions.
“These are not optional measures—they are statutory obligations,” said Prakash Bhandari of Himdhara Collective. “Accountability means ensuring that executive inaction does not deprive communities of their constitutional protections.”
Civil society groups are framing this as a test of the government’s credibility. “On one hand, the government has promised ‘in full swing’ implementation of the FRA. On the other, claimants are facing eviction threats. Accountability today means standing up for the law, defending the rights of the most vulnerable and ensuring that the promises made are kept in practice,” said Jagdish Katoch of Lahaul Van Adhikar Manch.
The memorandum has been endorsed by a wide range of organisations, including Bhumihin Bhumi Adhikar Manch, Himachal Pradesh; Chamba Van Adhikar Manch, Chamba; Himalaya Bachao Samiti, Chamba; Himdhara Environment Research and Action Collective, Himachal Pradesh; Himlok Jagrati Manch, Kinnaur; Himalaya Niti Abhiyan, Kullu; Jungling Van Adhikar Gram Sabha, Lahaul Spiti; Khawagling Jagdang Van Adhikar Gram Sabha, Lahaul Spiti; Khangsar Van Adhikar Gram Sabha, Lahaul Spiti; Krushi Vikas Samiti Meeru, Kinnaur; Lahaul Van Adhikar Manch, Lahaul Spiti; No Means No Campaign, Kinnaur; Ropsang Van Adhikar Gram Sabha, Lahaul Spiti; Save Lahaul Spiti Society, Lahaul Spiti; Sirmaur Van Adhikar Manch, Sirmaur; Shili Mahal Van Adhikar Manch, Sirmaur; Shooling Van Adhikar Gram Sabha, Lahaul Spiti; Spiti Civil Society, Lahaul Spiti; Van Adhikar Evnm Gramin Vikas Sangthan, Kullu; and Zila Van Adhikar Sangarsh Samiti, Kinnaur.
