Supreme Court rules temporary and non-resident silk cotton farmers excluded from forest rights protection

UPDATE - follow-up to Agasthyamalai conservation case: SC directs temporary and non-resident silk cotton cultivators not eligible for protection under FRA Act: Individuals with temporary homes in the Agasthyamalai biosphere or those living outside forest boundaries cannot claim status as traditional forest dwellers.

Court Directives

A Bench of Justices Vikram Nath and Sandeep Mehta ordered the exclusion of persons in Category II and Category III from being considered forest-dwelling Scheduled Tribes or Other Traditional Forest Dwellers. According to the Tamil Nadu government's affidavit, 232 people cultivate the area with temporary residence, while 2,767 people live outside the boundary and manage silk cotton cultivation across 2,867.70 hectares. The order follows a May judgment on eviction and ecological restoration.

Government Action

Justice Mehta held the State government primarily responsible for delays in processing claims. The court gave the government a final 30-day window to form remaining gram sabhas, noting only about 40 are functional. Once formed, claim adjudication must finish within five months. A special committee chaired by former Chief Justice of India B.R. Gavai was formed to supervise claim disposal. The court also asked the Central Empowered Committee to examine if silk cotton is a minor forest produce and to review an NHAI proposal for the NH-744 Puliara-Edamon tunnel section.

Context

Forest conservation laws balance the protection of natural ecosystems with the traditional rights of forest-dwelling communities. The court's scrutiny centers on whether large-scale commercial cultivation undermines the core ecological purpose of protected forest biosphere areas.