Supreme Court Rules Forest Rights Act Does Not Protect Commercial Cultivation

UPDATE - follow-up to Commercial cultivation within forest land not protected under FRA, 2006: Supreme Court: The Supreme Court stated that commercial crop cultivation inside reserve forest areas does not get protection under the Forest Rights Act of 2006.

Court View

Justices Vikram Nath and Sandeep Mehta separated commercial growers and plantation owners from traditional forest-dwelling communities. The law protects tribal groups and other traditional dwellers who depend on forests for their living, but it does not cover commercial activities.

Case Details

In an order from November 6, the Bench looked at silk cotton farming inside the Agasthyamalai Biosphere Reserve. Out of 5,072.64 hectares of forest land in this matter, 3,637.83 hectares are currently used for silk cotton farming. The court told the Central Empowered Committee to look at the Tamil Nadu government view that silk cotton counts as a minor forest produce.

Judicial Findings

However, the court expressed a strong initial view against the state claim of old historical farming. The Bench stated that government papers point to planned and promoted commercial crop growing, which goes against the idea of natural forest produce. Justice Mehta noted that letting commercial crops grow inside forests will change the natural state of the land.

Context

The Forest Rights Act, 2006, gives forest-dwelling communities the right to collect and use minor forest produce, but it does not grant rights for commercial farming on forest land. Courts regularly examine commercial activities in reserve forests to protect natural ecosystems and wildlife habitats.