Former CJI Bhushan R Gavai to Head Panel on Tamil Nadu Forest Rights Claims

Committee Formed

The Supreme Court has appointed former Chief Justice of India Bhushan R Gavai to head a special committee. This panel will check orders passed by authorities in Tamil Nadu under the Forest Rights Act of 2006. A bench of justices Vikram Nath and Sandeep Mehta formed the committee. It includes Justice Gavai as chairperson, an officer from the Central Empowered Committee, and Tamil Nadu's principal chief conservator of forests. The panel will oversee the claims of forest-dwelling scheduled tribes and other traditional forest dwellers. It will review orders and submit findings to the court in a sealed cover.

Court Criticism

The court strongly criticized the Tamil Nadu government for taking a long time to start this process. The judges noted that action remained uninitiated for years even after the Supreme Court lifted a Madras high court stay in 2016. The bench stated that the state only woke up after the court ordered the removal of encroachments from the Srivilliputhur-Megamalai Tiger Reserve and other reserved forests in the Agasthyamalai Biosphere. The court ordered the state to finish setting up remaining Gram Sabhas within 30 days. It gave the state five months from then to finish inviting and deciding claims through the three-tier system. The oversight committee must complete its review within two months after that deadline.

Occupant Categories

The court accepted submissions from amicus curiae and senior advocate K Parmeshwar regarding who qualifies for protection. Two groups of occupants identified by the state will not qualify under the Act. These are people with temporary residence inside the forest while cultivating land, and people living outside the forest boundary who cultivate land inside it. The state had identified 4,594 occupants across 5,072.64 hectares. This included 2,643 people doing silk cotton cultivation over 3,637.83 hectares. The bench rejected the state's argument that silk cotton is a traditional minor forest produce. It noted that the government failed to show any notification recognizing silk cotton as a minor forest produce under the law. The Central Empowered Committee will examine the silk cotton claims and investigate outside cultivators. Senior counsel Jaideep Gupta appeared for the state government. Senior advocate Sriram Panchu represented the department of social justice. The next hearing is set for February 1, 2027.

Context

The Forest Rights Act of 2006 protects communities who depend on forest land for their livelihood and home. Forest-dwelling groups must meet strict rules on how long they have lived in and depended on the forest. The Supreme Court often steps in with direct orders when state authorities fail to carry out statutory duties related to environmental protection and tribal rights.