The Bombay High Court has directed the Maharashtra government to submit a definitive timeline for implementing the Forest Rights Act of 2006, reprimanding state authorities for failing to properly enforce the legislation nearly two decades after its passage.
A division bench of Justices Ajey S Gadkari and Kamal R Khata issued the order during a hearing on a petition filed by the environmental non-governmental organization Vanashakti. The court has instructed the Additional Chief Secretary of the Forest Department to file a comprehensive affidavit explaining the lack of progress and outlining a clear schedule for enforcing the law. The next hearing is scheduled for August 6.
Court Rejects Government Explanations
During the hearing, the counsel representing the Maharashtra government argued that the authorities are still actively determining and resolving the rights of tribal communities.
The high court rejected this defense, stating that the process of verifying these rights should not require more than ten years. The bench described the state’s inaction as unacceptable, attributing the prolonged delay to administrative lethargy and callousness. The judges noted that the state has conceded on the record that the 2006 Act has not been effectively or properly implemented.
A Decade of Litigation
The high court emphasized that the current litigation has been ongoing for over twelve years, having been initiated on April 7, 2014.
According to the bench, the state government has failed to provide any convincing or logical explanation for the delay during this period. Instead of complying with the mandatory provisions of the law, the court observed, the administration has repeatedly offered various excuses.
Scope of the Forest Legislation
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act was passed in 2006 to establish legal frameworks for forest-dwelling communities.
The federal law recognizes two primary categories of rights: Individual Forest Rights, which secure land for personal farming and habitation, and Community Forest Resource rights, which authorize local communities to collectively manage, protect, and use forest resources in a sustainable manner.
