The Daily PulseGeneral
Supreme Court Rules Temporary and Outside Cultivators Ineligible for Forest Rights Protection in Agasthyamalai
Reported by Tanvi Pillai (Section Editor) · The Hindu - National ·
Photo: Wikimedia CommonsIndividuals who have a temporary residence in the Agasthyamalai biosphere or live completely outside forest boundaries cannot be classified as traditional forest dwellers for cultivating silk cotton.
Court Categories and Numbers
A Supreme Court Bench of Justices Vikram Nath and Sandeep Mehta ordered that persons in Category II and Category III from a September 6 affidavit by the Tamil Nadu Department of Revenue are excluded from being considered forest-dwelling Scheduled Tribes and Other Traditional Forest Dwellers under the FRA Act of 2006. Tamil Nadu's affidavit shows 232 people cultivate the forest with temporary residence, while 2,767 people occupy 2,867.70 hectares of land from outside the forest boundary to manage silk cotton cultivation. The ruling follows a May 2026 judgment that ordered eviction, rehabilitation, ecological restoration, and a ban on new non-forestry activities in the area.
Committee and Timelines
Justice Mehta held the State government primarily responsible for delaying claims under the 2006 Act, noting only about 40 gram sabhas are functional. The court gave a final 30-day window to form the remaining gram sabhas, with claims to be decided within five months after their constitution. A special committee chaired by former Chief Justice of India B.R. Gavai was formed to supervise the disposal of claims. Meanwhile, the Central Empowered Committee must give an opinion on whether silk cotton is a minor forest produce, as silk cotton cultivation currently covers 3,637.83.2 hectares out of 5,072.64.3 hectares of forest land. The court also asked the Central Empowered Committee to examine the National Highway Authority of India proposal for NH-744, which includes a tunnel section requiring reserved forest land diversion.
Context
The Forest Rights Act of 2006 provides legal recognition to forest-dwelling communities who have depended on forests for generations. Protected biosphere reserves like Agasthyamalai are managed to balance biodiversity preservation with local ecological needs. Courts frequently step in when commercial activities threaten protected forest ecosystems.
ExplainerWhy this matters
What Happened
The Supreme Court ruled that individuals with temporary residence inside the Agasthyamalai biosphere or those living outside forest boundaries cannot claim protection as traditional forest dwellers under the Forest Rights Act of 2006 merely for growing silk cotton. The court also ordered the Tamil Nadu government to quickly set up remaining gram sabhas to process forest claims within five months under the supervision of a special committee.
Why It Matters
This ruling clarifies the strict limits of the Forest Rights Act, preventing commercial agricultural practices from masquerading as traditional forest habitation. The court noted that planned commercial cultivation of silk cotton changes the natural character of the forest and destroys large areas of greenery, making strict enforcement crucial for ecological restoration.
What Happens Next
The Tamil Nadu government must form the remaining gram sabhas within a final 30-day window, after which claim adjudications will proceed over a five-month period. Additionally, the Central Empowered Committee will review whether silk cotton qualifies as a minor forest produce and examine the National Highway Authority of India proposal for NH-744.
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