The Lucknow bench of the Allahabad High Court has set aside a district-level committee’s decision to reject the community forest rights claims of the Tharu tribe in Lakhimpur Kheri. In a significant intervention for tribal welfare, the court directed authorities to conduct a fresh hearing of the matter, ensuring that the petitioners retain their existing forest rights until a final decision is reached.
The ruling was delivered by a bench comprising Justice Shekhar B. Saraf and Justice A.K. Chaudhary on a writ petition filed by the NGO Udasa and 101 members of the Tharu community. The petitioners, residents of the Palia Kalan area in Lakhimpur Kheri and members of a Scheduled Tribe, had challenged a March 15, 2021, order that dismissed their claims to community forest rights.
The petitioners moved the High Court seeking the quashing of the district-level committee’s rejection of their claims. They argued that as forest-dwelling Scheduled Tribes, they are entitled to specific rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Upon reviewing the case, the High Court observed that the district-level committee had fundamentally erred in its approach. The court noted that the committee failed to properly consider the intent and specific provisions of the Forest Rights Act, 2006. Instead, the authority had relied solely on an interim order passed by the Supreme Court in the year 2000 to justify the rejection of the claims.
The bench emphasized that the primary objective of the 2006 Act is to recognize the traditional rights of forest-dwelling communities and to secure their livelihood and food security. The court noted:
“The objective of the Act is to recognise the traditional rights of forest-dwelling communities and ensure their livelihood and food security, which cannot be overlooked.”
The judges pointed out that the 2006 legislation was enacted specifically to address historical injustices and to provide a legal framework for the rights of these communities, making it imperative for committees to apply the Act’s provisions rather than relying on outdated interim orders.
The court quashed the March 15, 2021, order and directed the concerned district authority to rehear the matter. The bench mandated that the petitioners be provided a full opportunity for a hearing and that a “reasoned order” be passed within a reasonable timeframe after a thorough examination of all relevant facts and records.
Furthermore, the court provided interim protection to the Tharu community members, clarifying that until the fresh decision is finalized, the petitioners will continue to enjoy their existing forest rights without disruption.
